Search and seizure

In essence, “due process of law” means that:

• There must be fairness and equal treatment afforded to all persons

• All people are free and equal

• Everyone must have a trial

• Officials must be democratically elected

In order to legally arrest a person, the police need to have:

• Evidence

• Probable Cause

• Reasonable Cause

• Habeas Corpus

The rule prohibiting the use of illegally obtained evidence in a trial is called:

• a judicial maximum

• the exclusionary rule

• the Miranda rule

• the Mapp Doctrine

A lawful search and seizure can be made without a warrant:

• when police are in hot pursuit of a suspect

• when police search the immediate area when an arrest is made

• in a public place if the officer has probable cause to believe that a crime has been committed

• in all of the above cases

Today, police need to get a search warrant before they

• seize evidence in plain view

• search the home of a person suspected of criminal activity

• search open trash cans in front of a home or office

• open the glove compartment or trunk of an automobile in order to search it

The case that established the exclusionary rule for the states was:

• Miranda v. Arizona

• Mapp v. Ohio

• Escobedo v. Illinois

• Weeks v. United States

Substantive due process would hold that unfair laws, even if passed by a legislature:

• are valid and must be enforced

• must not be challenged

• must be declared unconstitutional

• violate the Supremacy Clause

In the case of Mapp v. Ohio, 1961, the Supreme Court ruled

• the police can use evidence obtained in an illegal search if they made an “honest mistake”

• illegally obtained evidence can be used in court if it would have been eventually discovered through legal means

• the exclusionary rules applies to states as well as to the federal government

• if police act in good faith, believing that they have a legal warrant, the evidence they seize may be presented in court

The major rule the Supreme Court applies in wiretapping cases is that

• only federal law enforcement agencies may use wiretaps

• wiretaps may be used only in public places

• wiretaps may be used under the supervision of the courts

• evidence obtained through electronic means is a violation of the right to privacy

The main purpose of the exclusionary rule is to

• prevent police misconduct

• prevent police who are clearly guilty from going free

• allow certain kinds of “tainted” evidence to be used in court

• allow for honest mistakes by police officers