Warren Jung Legal Aspects UPDATED Exam Questions and CORRECT Answers
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Warren Jung Legal Aspects
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Warren Jung Legal Aspects
Warren Jung Legal Aspects UPDATED
Exam Questions and CORRECT Answers
What is LE looking for when conducting searches? - Correct Answer- Persons or property
Four Types of Property LE Search For - Correct Answer- 1. Contraband (Anything illegal to
possess)
2. Fruits of a crime
3. Instrumental...
Warren Jung Legal Aspects UPDATED
Exam Questions and CORRECT Answers
What is LE looking for when conducting searches? - Correct Answer- Persons or property
Four Types of Property LE Search For - Correct Answer- 1. Contraband (Anything illegal to
possess)
2. Fruits of a crime
3. Instrumentalities of a crime
4. Mere evidence
Which amendment binds LE during search and seizure? - Correct Answer- 4th Amendment
Requirements of the 4th Amendment - Correct Answer- 1. Oath and Affirmation
2. Particularity (Describe in detail)
3. Probable Cause aka PC
4. Signature of a Judge
What is PC? - Correct Answer- Facts and circumstances within the LEO's knowledge which
the LEO deems to be trustworthy and sufficient in themselves to warrant and individual of
reasonable caution into a reasonable belief a crime has been, is being, or will be committed
Loophole to Particularity - Correct Answer- The bigger the object, the smaller the search area
The smaller the object, the larger the search area
Ex., TV & REMOTE, Computer & MOUSE
Weeks v United States - Correct Answer- Originally applied to FEDERAL LEO only
Ultimately led to the "Silver Platter Doctrine" from 1914-1961
Mapp v Ohio (1961) - Correct Answer- Established the exclusionary rule applies to Federal
and State LEO
,When was the exclusionary rule applied? - Correct Answer- 1914-1984
Nix v. Williams (1984) - Correct Answer- Legal decision in which the Supreme Court created
the "inevitable discovery" exception to the exclusionary rule.
Four exceptions to the exclusionary rule - Correct Answer- 1. Inevitable discovery doctrine
(Nix v Williams)
2. Public Safety Doctrine (NY v. Quarles)
3. Good Faith Obtaining of a Warrant Doctrine (Massachusetts v Shepherd)
4. Independent Source Doctrine
5. Search in a Foreign Country (United States v Verdugo Urquidez)
New York v. Quarles (1984) - Correct Answer- The Court held that there is a "public safety"
exception to the requirement that officers issue Miranda warnings to suspects. Since the
police officer's request for the location of the gun was prompted by an immediate interest in
assuring that it did not injure an innocent bystander or fall into the hands of a potential
accomplice to Quarles, his failure to read the Miranda warning did not violate the
Constitution.
Massachusetts v. Sheppard - Correct Answer- Establishes the "good faith exception" to the
exclusionary rule
*Even if the judge erred in issuing a warrant, the evidence stays in
United States v. Leon - Correct Answer- Illegally obtained evidence may be used in a trial if
it was gathered in good faith without violating the principles of the Mapp decision
United States v Verdugo-Urquidez (1990) - Correct Answer- Established if a United States
officer is involved in a search in a foreign country, as long as the search was conducted in
accordance to the rules of THAT COUNTRY, the evidence is admissible
Where & to Whom does the 4th Amendment Apply? - Correct Answer- A US citizens
anywhere is protected and anyone within the jurisdiction of the United States
, Who does the requirements of the 4th Amendment Apply to? - Correct Answer- 1. The 4th
Amendment requirements applies to LEO & all government agents enforcing the law.
Private Person Rule - Correct Answer- 1. A private person UNDER HIS OWN INITIATIVE
can turn over evidence without following requirements of the 4th Amendment.
2. Applies to evidence obtained legally or illegally
Why does the 4th Amendment requirements apply to LEO only? - Correct Answer- Because
the politicians wanted to limit the powers of the police such as "General Warrants" the British
Redcoats used to conduct searches.
PC Sources of Information - Correct Answer- 1. Your own FOUR senses (See, Hear, Feel,
Smell, NEVER Taste)
2. Your expertise of expertise of others
3. Informants
4. Witness of Victim of a Crime
5. Accomplices
6. Subject's own mouth
7. Collective Knowledge Rule aka Information Within LEO Community (NCIC)
8. Specially trained animals
State v. Allen (2010) - Correct Answer- The smell of marijuana was sufficient PC to conduct
a search of the vehicle
Louisiana v Jackson (2010) - Correct Answer- 1. Dog is not required to alert of presence of
narcotics
2. Expertise of an officer is sufficient
Two Requirements to Obtain a Warrant off an Informants Info - Correct Answer- 1.
Reliability of Informant's Track Record
2. Answer to 3 Questions
Three Questions Informants Must Answer - Correct Answer- 1. How did you get the info?
(Establishes PC)
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