Exam 3: Fourth Amendment

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A) The opening and visually examining the contents of the storage unit.
B) The aerial observation of marijuana plants in a back yard by an airplane pilot.
C) Opening the trunk of an automobile that has been stopped.
D) All the above would be considered as a search.

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A) A search warrant is valid for only a limited time, whereas an arrest warrant is valid until the warrant is recalled.
B) If the facts in the affidavit are based on information from an informer, there must be other facts to substantiate the information or other facts that establish the trustworthiness of the informer.
C) A search warrant must describe in detail the place to be searched and the items to be seized.
D) Erroneous facts in the affidavit will not affect the validly of the warrant, if the police or person submitting the warrant had an honest and reasonable believe in the truth of the facts.
E) All the above statements are correct.

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E

A) intention to arrest
B) authority to arrest
C) seizure and detention
D) voluntary submission by arrestee
E) understanding by the arrestee that he or she is being arrested

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True

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A) Draper v. United States
B) Katz v. United States
C) Illinois v. Gates
D) Sampson v. California

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A) Draper v. United States
B) Katz v. United States
C) Illinois v. Gates
D) Sampson v. California

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A search constitutes the process of acti...

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An arrest is a significant legal procedu...

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A) A warrant must describe the offense charged and contain the name of the accused, or if name is unknown, a description of the accused.
B) The warrant must indicate the time of issuance, the city or county and state where it is issued, and the duty of the arresting officer to bring the defendant before the magistrate.
C) The warrant may be acted on, by any peace officer in the jurisdiction.
D) Arrest warrants are valid only for a limited time before they expire.
E) The arrest warrant can specify the amount of bail needed by the accused to be released.
F) The officer making the arrest pursuant to a warrant need not have the warrant in his or her presence, if the officer is aware of its contents.

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A Franks hearing is a legal proceeding in the United States that is named after the landmark case Franks v. Delaware, 438 U.S. 154 (1978). The purpose of a Franks hearing is to challenge the validity of a search warrant. Specifically, it allows a defendant to contest the truthfulness of the factual statements made by law enforcement officers in their affidavit that was used to obtain the search warrant. During a Franks hearing, the defendant has the burden of proving two key elements: 1. That the law enforcement officer included a false statement knowingly and intentionally, or with reckless disregard for the truth, in the affidavit for the search warrant. 2. That the allegedly false statement was necessary to the finding of probable cause. In other words, if the affidavit's truthful information alone would not have been sufficient to establish probable cause, and the search warrant would not have been issued without the false information. If the defendant is able to prove these elements, the court may then exclude the false information from the affidavit and re-evaluate whether the remaining content still establishes probable cause. If probable cause is lacking without the false information, any evidence obtained through the search warrant may be suppressed, meaning it cannot be used against the defendant in court. The Franks hearing is a safeguard against police misconduct and ensures that search warrants are not issued on the basis of fabricated or misleading information. It upholds the Fourth Amendment protection against unreasonable searches and seizures by providing a mechanism for judicial oversight and accountability.

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