Exclusionary rule and standing Bar Exam Flashcards - Medical Study Cards
Master Exclusionary rule and standing with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Exclusionary rule and standing Flashcard Deck - 10 Cards
Flashcard 1: When may police conduct a warrantless search based on consent?
Answer: Police may search without a warrant or probable cause when a person with actual or apparent authority voluntarily consents; voluntariness is judged from the totality of the circumstances, and the search must remain within the consent’s scope.
Flashcard 2: When may police make a warrantless arrest in a public place?
Answer: Under the majority rule, police may make a public arrest without a warrant when they have probable cause to believe the person committed a felony; a warrantless misdemeanor arrest generally requires the offense to occur in the officer’s presence, subject to state-law variations.
Flashcard 3: When may police search an automobile without a warrant?
Answer: Under the automobile exception, police may search a readily mobile vehicle when they have probable cause to believe it contains contraband or evidence of a crime. The permissible scope extends to every area and container that could conceal the object of the search.
Flashcard 4: Who may invoke the exclusionary rule, and what is the good-faith exception?
Answer: Only a person whose own Fourth Amendment rights were violated has standing; a defendant generally cannot suppress evidence solely because it was obtained unlawfully from someone else. Under the majority good-faith exception, suppression usually is unavailable when officers reasonably rely on a warrant later found defective, subject to recognized exceptions such as deliberate or reckless falsehoods or a facially deficient warrant.
Flashcard 5: What is the rule for a protective frisk during a Terry stop?
Answer: After a lawful investigative stop, an officer may frisk the outer clothing only when the officer reasonably suspects the person is armed and dangerous. The frisk is limited to discovering weapons, not general evidence.
Flashcard 6: What is required before police enter a suspect’s home to make an arrest?
Answer: Absent consent or exigent circumstances, police need an arrest warrant based on probable cause to enter the suspect’s own home. To enter a third party’s home to arrest the suspect, police generally need a search warrant for that home as well as an arrest warrant.
Flashcard 7: What constitutional requirements must a search warrant satisfy?
Answer: A warrant must be issued by a neutral and detached magistrate, supported by probable cause, and particularly describe the place to be searched and the persons or things to be seized. The warrant must also be based on a sworn application.
Flashcard 8: What are the requirements for relying on the plain-view exception?
Answer: The officer must be lawfully present, have lawful access to the item, and have probable cause to believe the item is contraband or evidence of a crime without further search. The item’s incriminating character must be immediately apparent.
Flashcard 9: What may police search incident to a lawful custodial arrest?
Answer: Police may search the arrested person and the area within the person’s immediate control. Under the majority rule from Riley, police generally need a warrant to search the digital contents of a cell phone seized from the arrestee.
Flashcard 10: What circumstances permit a warrantless search under the exigent-circumstances exception?
Answer: A warrantless search may be reasonable when urgent circumstances create a substantial risk that evidence will be destroyed, a suspect will escape, or people will face serious danger. The search must be limited to what the exigency reasonably requires.
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