GPSTC Class 290 Exam 3 Questions Answered Correctly Graded A+
Mapp v. Ohio - Answers A landmark case in the area of U.S. criminal procedure, in which the United
States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection
against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts,
as well as federal courts.
Terry v. Ohio - Answers A policeman had been undercover observing Terry and three other men who
were suspected of carrying concealed weapons. Terry was arrested. Terry presented a threat to the
police. Result: The search and seizure was perfectly legal because the policeman had more than a hunch.
The search was limited and the purpose was for the officer's safety in the investigation. - Terry pat
down. - not protected by the 14th A.
Under a warrant, how long to bring someone before judicial officer? - Answers 72 hrs
Without warrant, how long to bring someone before judicial officer? - Answers 48 hrs
Judges that may issue warrant: - Answers City, State, Superior, Magistrate
Warrant must be issued on... - Answers probable cause
Warrant application hearing - Answers Called when a non-leo or judge makes a warrant
A private person may arrest an offender when... - Answers the offense is committed in his presence or
within his immediate knowledge
If offenses is a felony and the offender is attempting to escape, a private citizen may arrest him based
on... - Answers A reasonable ground for suspicion
Immunity from arrest - Answers Legislators are privileged from arrest while Congress is "in session" with
respect to offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or
special session, the immunity from arrest applies.
Privilege of Militia - Answers May immune from arrest during and coming from parades meetings,
encampments and election of officers except in cases of felony, treason or breach of the peace.
Diplomatic Immunity - Answers Practice in international law under which ambassadors and other
diplomatic officials have special privileges and are not subject to the laws of the state to which they are
accredited.
The right of an officer to search is not limited to where weapons and evidence are... - Answers "likely" to
be found
, Chimel v. California - Answers Established that when arresting a suspect, the officer may only search
what is the immediate control of the victim (without a search warrant).
When a person is arrested, an officer may search.. - Answers the person and the immediate area of the
individual to prevent attack, escape, obtaining fruits of the crime, destroying evidence
Lunge area - Answers the area in which an arrestee might reach to grab a weapon or destroy evidence
Once property has been filed, officers need a _____ to search again - Answers warrant
Arizona v. Gant - Answers The area of immediate control is subject to circumstance, so that if the
arrestee has been arrested and in custody, the warrantless search of a vehicle is no longer valid as the
arrestee cannot access the area.
Two reason for search (chimel) - Answers Discover weapons, prevention of destructing of evidence
Thornton v U.S. - Answers Recent occupancy of vehicle is valid for a search if there is probable cause to
believe evidence of a crime exists (Thornton having drugs on his person warrants a search of his vehicle).
Protective sweep - Answers A reasonable examination may be made of the general area for persons who
persons who present a danger to those conducting an apprehension of others in area
Maryland v. Buie - Answers officers may search the suspect and the adjoining space region incident to a
lawful arrest; if there is reasonable suspicion to believe that there is hidden danger present, officers may
conduct a protective sweep of the area, but it is only to be a cursory search for people and may last no
longer than what is reasonable
The area within the immediate control of the arrestee is defined as the area.. - Answers .at the time of
arrest, not time of the search
STOP - Answers temporary investigative detention of an individual short of an arrest
FRISK - Answers the pat down of an individual's outer clothing to determine if they have a weapon
Stop and Frisk needs ______ to happen - Answers Articulable Reasonable Suspicion
When an officer accosts and restrains an individual they are... - Answers siezed
Brown v. State - Answers There must be reasonable suspicion in order to stop a moving vehicle. The
totality of the circumstances must be addressed in these situations.
Random stops of drivers and checks for licenses and registrations are... - Answers unlawful
Hiibel v. Nevada - Answers held that statutes requiring suspects to disclose their names during police
investigations did not violate the Fourth Amendment
Mapp v. Ohio - Answers A landmark case in the area of U.S. criminal procedure, in which the United
States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection
against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts,
as well as federal courts.
Terry v. Ohio - Answers A policeman had been undercover observing Terry and three other men who
were suspected of carrying concealed weapons. Terry was arrested. Terry presented a threat to the
police. Result: The search and seizure was perfectly legal because the policeman had more than a hunch.
The search was limited and the purpose was for the officer's safety in the investigation. - Terry pat
down. - not protected by the 14th A.
Under a warrant, how long to bring someone before judicial officer? - Answers 72 hrs
Without warrant, how long to bring someone before judicial officer? - Answers 48 hrs
Judges that may issue warrant: - Answers City, State, Superior, Magistrate
Warrant must be issued on... - Answers probable cause
Warrant application hearing - Answers Called when a non-leo or judge makes a warrant
A private person may arrest an offender when... - Answers the offense is committed in his presence or
within his immediate knowledge
If offenses is a felony and the offender is attempting to escape, a private citizen may arrest him based
on... - Answers A reasonable ground for suspicion
Immunity from arrest - Answers Legislators are privileged from arrest while Congress is "in session" with
respect to offenses punishable by up to 6 years of imprisonment. Thus, whether Congress is in regular or
special session, the immunity from arrest applies.
Privilege of Militia - Answers May immune from arrest during and coming from parades meetings,
encampments and election of officers except in cases of felony, treason or breach of the peace.
Diplomatic Immunity - Answers Practice in international law under which ambassadors and other
diplomatic officials have special privileges and are not subject to the laws of the state to which they are
accredited.
The right of an officer to search is not limited to where weapons and evidence are... - Answers "likely" to
be found
, Chimel v. California - Answers Established that when arresting a suspect, the officer may only search
what is the immediate control of the victim (without a search warrant).
When a person is arrested, an officer may search.. - Answers the person and the immediate area of the
individual to prevent attack, escape, obtaining fruits of the crime, destroying evidence
Lunge area - Answers the area in which an arrestee might reach to grab a weapon or destroy evidence
Once property has been filed, officers need a _____ to search again - Answers warrant
Arizona v. Gant - Answers The area of immediate control is subject to circumstance, so that if the
arrestee has been arrested and in custody, the warrantless search of a vehicle is no longer valid as the
arrestee cannot access the area.
Two reason for search (chimel) - Answers Discover weapons, prevention of destructing of evidence
Thornton v U.S. - Answers Recent occupancy of vehicle is valid for a search if there is probable cause to
believe evidence of a crime exists (Thornton having drugs on his person warrants a search of his vehicle).
Protective sweep - Answers A reasonable examination may be made of the general area for persons who
persons who present a danger to those conducting an apprehension of others in area
Maryland v. Buie - Answers officers may search the suspect and the adjoining space region incident to a
lawful arrest; if there is reasonable suspicion to believe that there is hidden danger present, officers may
conduct a protective sweep of the area, but it is only to be a cursory search for people and may last no
longer than what is reasonable
The area within the immediate control of the arrestee is defined as the area.. - Answers .at the time of
arrest, not time of the search
STOP - Answers temporary investigative detention of an individual short of an arrest
FRISK - Answers the pat down of an individual's outer clothing to determine if they have a weapon
Stop and Frisk needs ______ to happen - Answers Articulable Reasonable Suspicion
When an officer accosts and restrains an individual they are... - Answers siezed
Brown v. State - Answers There must be reasonable suspicion in order to stop a moving vehicle. The
totality of the circumstances must be addressed in these situations.
Random stops of drivers and checks for licenses and registrations are... - Answers unlawful
Hiibel v. Nevada - Answers held that statutes requiring suspects to disclose their names during police
investigations did not violate the Fourth Amendment
