Criminal Procedure 8th Edition Joel Samaha - Solutions

Why does the court approve of such minimal invasions of privacy during airport searches?
Identify two extremely important special needs airport searches serve.
Identify the border exception and the special need the government balances at international borders.
Identify the objective basis for an inventory search.
Under the balancing element, identify the three government interests that make the taking of inventories by law enforcement officers reasonable.
Identify the two elements that have to be satisfied for an inventory search to be reasonable.
Identify four characteristics that all special-needs searches have in common.
Identify three emergency searches, and tell why the Supreme Court finds them reasonable searches without warrants.
According to Wyoming v. Houghton, what’s the rule regarding searches of containers in passenger vehicles?
Identify the two reasons why vehicle searches are reasonable without warrants.
Identify the subjective and objective elements in determining whether one person can consent to a search for someone else.
Give an example of a third-party consent search.
Describe the elements of scope of consent and the withdrawal of consent.
Summarize the main empirical research findings regarding consent searches.
Identify some characteristics the courts use to determine the voluntariness of consent.
In a consent search, what’s the person really consenting to?
Describe why pretext arrests are a powerful investigative tool.
Describe the Robinson rule and the justification for it.
Identify the scope and time frame of “incident” to arrest.
List three reasons why searches incident to arrest are reasonable.
Identify five major exceptions to the warrant requirement approved by the U.S.Supreme Court.
Compare and contrast the preference and practice regarding searches with warrants and without.
Identify and describe the main exceptions to the knock-and-announce rule.
According to the “knock and announce” rule, what’s a reasonable amount of time to wait before breaking and entering?
Identify and describe each of the elements required to meet the Fourth Amendment’s warrant requirement.
Describe Supreme Court Justice Jackson’s experience in dealing with search and seizure law. What does he mean by “second class rights”?
Why is it reasonable for officers to arrest suspects for a misdemeanor?
Identify the actions taken after an arrest for a felony.
Why is the standard of reasonable force to arrest an objective standard?
What two conditions have to be satisfied to use deadly force?
Contrast deadly force with nondeadly force. Which one is used more to subdue suspects?
According to Professor Craig Bradley, what should the U.S. Supreme Court do regarding arrest warrants?
Why are some arrest warrant affidavits purposely vague?
Identify a positive and a negative aspect to the neutral magistrate requirement.
Identify and describe the three elements of an arrest warrant.
Define and give an example of an exigent circumstance.
Identify and give an example of the exceptions to the arrest warrant requirement to enter homes.
Why do officers need to obtain warrants to arrest a suspect in a home?
Identify and describe the two elements that satisfy the Fourth Amendment reasonableness of arrest requirement.
Identify and define the two kinds of information officers can rely on to satisfy the probable cause to arrest requirement.
What two societal interests does the probable cause requirement balance?
Identify the two elements of a reasonable arrest.
Identify the characteristics of a full custodial arrest.
List the negative consequences of arrests.
Compare and contrast Fourth Amendment stops with full custodial arrests.
Identify the legitimate purposes for roadblocks, and explain the objective basis that makes roadblocks reasonable Fourth Amendment seizures.
Why are individuals’ liberty and privacy severely restricted at international borders?
Why is it reasonable to remove passengers from a stopped vehicle even when there’s no suspicion that they might be involved in a crime?
What’s the scope of a lawful frisk?
What’s reasonable suspicion to frisk?
Identify three elements of a lawful frisk.
Describe the extent to which officers may question suspects they stop. What are the constitutional consequences for those who refuse to answer officers’ questions during a lawful stop?
Identify the two necessary elements that define the scope of a reasonable stop.
Identify seven primary characteristics and four secondary characteristics of drug couriers.
What’s the difference between individualized suspicion and a profile?
Can race be used in building reasonable suspicion? Explain.
Summarize the findings reported in Table 4.4, “Stops and Arrests, New York City Police Department (NYPD)” and Table 4.5, “Facts Supporting Reasonable Suspicion (NYPD).”
Describe the findings of empirical research regarding the designation of a location as a “high crime area.” Compare the findings with the decision in Illinois v. Wardlow.
Identify four sources of hearsay information officers can rely on to build reasonable suspicion. Give an example of each.
Reasonable stops depend on two elements. Identify and describe each.
Identify three kinds of police-individual encounters.
Explain why Judge Juviler said that since the Supreme Court decided Terry v. Ohio, he and other lawyers feel “like the makers of the hydrogen bomb.”
Identify three possible interpretations of the Fourth Amendment and which interpretation the Supreme Court has settled on.
Describe the background and significance of Terry v. Ohio.
Explain how the “totality of circumstances” test works in practice.
Identify the two elements of the Fourth Amendment reasonableness test.
Identify the two parts of the Fourth Amendment that play a role (and the role they play) in the conventional and reasonableness approaches to determining whether searches and seizures are constitutional.
Identify the three steps in the analysis used to decide whether stops and frisks are reasonable Fourth Amendment searches and seizures.
Identify four facts about the realities of stop and frisk.
What’s the ratio of stops to arrests?
Why do stops and frisks have a greater impact on opinions of police power than arrests and full searches?
Explain the difference between Fourth Amendment frisks and other searches.
Explain the difference between Fourth Amendment stops and arrests.
Trace the history behind the modern power of police to stop and question suspicious persons.
Identify the two restraints on your freedom of movement that have no Fourth Amendment significance.
Summarize the empirical findings regarding the coerciveness of police-citizen encounters.
Identify and describe two types of seizure “stops.” Give examples of each.
Identify the mental and physical elements of abandonment.
List the four criteria courts use to determine if property qualifies as curtilage.
Why doesn’t the Fourth Amendment protect “open fields”? Summarize the facts and the holding of Hester v. U.S. (1924). What is the significance of the case in Fourth Amendment law?
Identify and give an example of the two types of plain view. Why can plain view searches be called nonsearches? State the two conditions that satisfy the plain view doctrine. Explain how courts distinguish between technologies that qualify under condition 2 and those that don’t.
What reason did Chief Justice Warren give for rejecting Duke Lewis’s claim that the Fourth Amendment protected his conversations with the undercover informant Edward Cass?
Identify the two-pronged expectation-of-privacy test the U.S. Supreme Court adopted in Katz v. U.S. List four examples that fall within reasonable expectation of privacy and four examples that don’t. According to Professor William Heffernan, when can we claim a “reasonable expectation of
State the elements of the trespass and privacy doctrines. Compare the privacy doctrine in theory and in practice.
Identify and describe the balance of interests the Fourth Amendment is supposed to protect.
Identify and describe the two values at the heart of a free society that the Fourth Amendment protects.
Describe the origins and original purposes of searches and seizures.
Explain the significance of the statement “the law does not give a constitutional damn about noncompliance” with the Fourth Amendment. Why should you not carry the “constitutional damn” idea too far?
Identify and describe each element of the three main steps in Fourth Amendment analyses. Why is the first step the most important?
Crime control is the main purpose of searches and seizures. Identify five special needs for searches and seizures that go beyond law enforcement purposes.
Identify four involuntary methods law enforcement officials use to obtain information.
Identify four sources law enforcement officers depend on to obtain information.Why is each one reluctant to divulge information?
In a constitutional democracy, what does crime control depend on?
Explain why it’s difficult to win claims that the government denied a person equal protection of the law.
Identify and describe the two elements claimants have to prove violated their right to equal protection of the law.
List the arguments for and against the fundamental fairness doctrine and the incorporation doctrine.
Explain the differences between the fundamental fairness doctrine and the incorporation doctrine.
Describe the significance of Brown v. Mississippi for the Fourteenth Amendment.Explain how political movements in Europe and the social reality at home probably affected the decision.
Summarize the ruling in Powell v. Alabama. Explain how political movements in Europe and the social reality in the United States probably affected the decision.
Identify the significance of Hurtado v. California to the Fourteenth Amendment.

Showing 200 - 300 of 358

Criminal Procedure 8th Edition Joel Samaha - Solutions

Step by Step Answers