This blog will be used for the purpose of addressing issues in our criminal evidence and procedure class.
Sunday, October 7, 2007
Review Questions for Chapter 3
Please post an answer to one review question at the end of Chapter 3. To get credit, post your answer before Tuesday's class. You must repeat the question you answer and you cannot get credit for a question answered by a classmate.
#3. Indentify four involuntary methods law enforcement officials rely on for information.
The four methods are: 1. searches. 2. seizures 3. interrogation 4. identification procedures
Also, these methods of obtaining information not available to the general public are limited by the Fourth Amendment ban on unreasonable searches and seizure. The Fifth Amendement ban on self-incrimination, and the right to due process.
Question: 4. Crime control is the main purpose of searches and seizures. Identify five special needs for searches and seizures that go beyond law enforcement purposes. Answer: Five special needs for searches and seizures that go beyond law enforcement purposes are: 1. Protect officers from armed suspects. 2. Protect the property of detained suspects from loss or damage. 3. Protect officials from lawsuits. 4. Detect drug use among students and public employees. 5. Prevent drunk driving.
#16 Identify the four elements the courts use to define curtilage. The following criteria falls within the curtilage(area around home). The distance from the house, the presence or absence of a fence around the area, theuse or purpose of the area, the measures taken to prevent public veiw.
Anitra Williams, question 12. Why can plain view searches be called non-searches?
Plain view searches can be called non-searches because these searches occur when officers see something in plain view and have a legal right to be somewhere and something illegal is going on. For ex. An officer is walking to his car and see a man smoking crack outside.
Mia Carson Question # 2: Identify four sources of law enforcement officers depend on to obtain information. Why is each one reluctant to divulge information?
Although the police gather a substantial amount of evidence from their ordinary senses or plain view searches, there are four alternative sources that provide useful information. These four sources are criminals, suspects, victims and witnesses (Samaha 75). Even though these sources can determine whether a case can proceed through the criminal justice system or be disgarded, criminals, suspects, victims and witnesses are often reluctant to divulge information. Specifically, criminals fear they may risk returning to jail or prison. Suspects or potential criminals are hesitant because they do not want to provide information regarding future schemes. Victims and witnesses are often afraid to talk, in fear of retaliation or because they do not want to incriminate their friends and/or family members (48).
Identify the two-pronged expectation-of-privacy test the U.S. Supreme Court adopted in Katz v. U.S.
The two-pronged expectation-of-privcy test the U.S. Supreme Court adopted are, subjective privacy and objective privacy. Subjective privacy is what a person considers to be within the confines of his/her privacy. Objective privacy is what is in reality is really considered the persons privacy.
question 13- identify and give an example of the two types of plain view searches.
Search- related plain view items found when officers are looking for items their authorized to look for.(they have a warrant for illegal drugs, they walk in,it's on the table)
nonsearch- related plain view
you dont have to search for them, the illegal contraband is right there, where anyone can see it without a problem.(the officers are responding to a call placed by someone and notice in the yard illegal contraband, or on the table mutiple bags of white powder.)
Question #17 (pg 77) Dina Saleh (17)Identify the mental and physical element to abandonment? According to the U.S Supreme Court, there’s no reasonable expectation of privacy in abandoned property. Abandonment consists of both a physical and a mental element: (1)Physically giving up the possession of something. (2)Intending to give up the expectation of privacy.
question 16 identify the four elements the courts uses to define curtilage on the other hand the ground and buildings immediately surrounding a home. (the curtilage) such as garages, patio, aren't open fields. why/ because this is where family and other private activites take place. The Supreme Court has identify the following criteria to determine wheather an area falls within the curtilage: a. the dinstance from the house b. the presence or absence of a fence around the area c. the use or purpose of the area d. the measures taken to prevent public views
#8 The balance of interest concerning the Fourth Amendment is to protect individuals against unreasonable searches and seizures without a legal warrant. Lawenforcement has guidelines under the Fourth Amendment regulating that no one's rights be violated without probable cause for searches and seizures concerning an indidivuals houses, pappers, and effects.
However, many law enforcement agencies feel that the Fourth Amendment has targeted at reducing the power to protect the value of property and personal security of people. But, rather gearing towards limiting the power so that there could'nt be any infringement of unreasonable searches or seizures. The main objective of the Fourth Amendment is to have the government exercise enough power to ensure the security of individuals, and providing evidence it neeeds to deter and control crime.
#19. What to restraints on your freedom of movement have no fourth Amendment significance? The answer to the question is psychological pressure and a sense of moral duty.
18 comments:
Lisa Holmes - Question #3 from page 77.
#3. Indentify four involuntary methods law enforcement officials rely on for information.
The four methods are:
1. searches.
2. seizures
3. interrogation
4. identification procedures
Also, these methods of obtaining information not available to the general public are limited by the Fourth Amendment ban on unreasonable searches and seizure. The Fifth Amendement ban on self-incrimination, and the right to due process.
Question:
4. Crime control is the main purpose of searches and seizures. Identify five special needs for searches and seizures that go beyond law enforcement purposes.
Answer:
Five special needs for searches and seizures that go beyond law enforcement
purposes are:
1. Protect officers from armed suspects.
2. Protect the property of detained suspects from loss or damage.
3. Protect officials from lawsuits.
4. Detect drug use among students and public employees.
5. Prevent drunk driving.
Troy Ragsdale
#16 Identify the four elements the courts use to define curtilage. The following criteria falls within the curtilage(area around home). The distance from the house, the presence or absence of a fence around the area, theuse or purpose of the area, the measures taken to prevent public veiw.
Anitra Williams, question 12. Why can plain view searches be called non-searches?
Plain view searches can be called non-searches because these searches occur when officers see something in plain view and have a legal right to be somewhere and something illegal is going on. For ex. An officer is walking to his car and see a man smoking crack outside.
Eric Bonner
#14. What two elements need to happen to satisfy a plain view search?
1. Officers are where they have legal right to be.
2. Officers haven't beefed up their ordinary senses with adavanced techonlogy.
Mia Carson
Question # 2: Identify four sources of law enforcement officers depend on to obtain information. Why is each one reluctant to divulge information?
Although the police gather a substantial amount of evidence from their ordinary senses or plain view searches, there are four alternative sources that provide useful information. These four sources are criminals,
suspects, victims and witnesses (Samaha 75). Even though these sources
can determine whether a case can proceed through the criminal justice
system or be disgarded, criminals, suspects, victims and witnesses are
often reluctant to divulge information. Specifically, criminals fear they may risk returning to jail or prison. Suspects or potential criminals are hesitant because they do not want to provide information regarding future schemes. Victims and witnesses are often afraid to talk, in
fear of retaliation or because they do not want to incriminate their
friends and/or family members (48).
Michael Holley Question #1
Professor Freeman, please be advised that my book is the 5th edition and my answer may not be consistent with your edition.
1. Define criminal procedure.
Criminal Procedure is defined as the methods that the government uses to detect, investigate, prosecute, convict, and punish criminals.
Carvin Tam - Question #11
Identify the two-pronged expectation-of-privacy test the U.S. Supreme Court adopted in Katz v. U.S.
The two-pronged expectation-of-privcy test the U.S. Supreme Court adopted are, subjective privacy and objective privacy.
Subjective privacy is what a person considers to be within the confines of his/her privacy. Objective privacy is what is in reality is really considered the persons privacy.
1.What does crime control depend on?
A: crime control depends on information.
Ashley carson
question 13- identify and give an example of the two types of plain view searches.
Search- related plain view items found when officers are looking for items their authorized to look for.(they have a warrant for illegal drugs, they walk in,it's on the table)
nonsearch- related plain view
you dont have to search for them, the illegal contraband is right there, where anyone can see it without a problem.(the officers are responding to a call placed by someone and notice in the yard illegal contraband, or on the table mutiple bags of white powder.)
#18. Identify and describe two types of seizure "stops". Give an example of each.
The two seizure stops are actual-seizure stops and show of authority stops.
1. Actual seizure stop occurs when a officer grabs a person so they won't run away.
Example: An officer grabs a person because he or she was about to flee from the scene.
2. Show of authority is when a officer orders a suspect to stop, officer draws his weapon when it seems as though a reasonable person does not leave.
Example: Tells a person to get out of the vehicle. Instead of just pulling a person over and asking questions.
Question #17 (pg 77)
Dina Saleh
(17)Identify the mental and physical element to abandonment?
According to the U.S Supreme Court, there’s no reasonable expectation of privacy in abandoned property.
Abandonment consists of both a physical and a mental element:
(1)Physically giving up the possession of something.
(2)Intending to give up the expectation of privacy.
question 16
identify the four elements the courts uses to define curtilage on the other hand the ground and buildings immediately surrounding a home. (the curtilage) such as garages, patio, aren't open fields. why/ because this is where family and other private activites take place. The Supreme Court has identify the following criteria to determine wheather an area falls within the curtilage:
a. the dinstance from the house
b. the presence or absence of a fence around the area
c. the use or purpose of the area
d. the measures taken to prevent public views
Kevin Jones-Question#8
#8 The balance of interest concerning the Fourth Amendment is to protect individuals against unreasonable searches and seizures without a legal warrant. Lawenforcement has guidelines under the Fourth Amendment regulating that no one's rights be violated without probable cause for searches and seizures concerning an indidivuals houses, pappers, and effects.
However, many law enforcement agencies feel that the Fourth Amendment has targeted at reducing the power to protect the value of property and personal security of people. But, rather gearing towards limiting the power so that there could'nt be any infringement of unreasonable searches or seizures. The main objective of the Fourth Amendment is to have the government exercise enough power to ensure the security of individuals, and providing evidence it neeeds to deter and control crime.
Kevin Jones-Question
#19. What to restraints on your freedom of movement have no fourth Amendment significance? The answer to the question is psychological pressure and a sense of moral duty.
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