What is the miranda warning and define pretextual stop

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Reference no: EM133517650

Questions

1. Discuss the Fourteenth Amendment and the right to due process (C.O. 1, 2 PLO 5).

2. List and explain the stages of the criminal justice system from arrest through arraignment in proper sequence (C.O. 2, 3, PLO 5).

3.Identify and discuss the different exceptions to the exclusionary rule. Provide an example of each exception (C.O. 4, PLO 5).

4. Define the concept of probable cause. Compare and contrast probable cause relating to search and probable cause as it relates to arrest (C.o. 1, 2, 4, PLO 5)

5. Write the definition of "search". Write the definition of "seizure". Explain how there could be a search without a seizure. Explain how there can be a seizure without a search (C.O. 1, 4, PLO 5).

6. Explain the process of applying for a search warrant. Identify the considerations a law enforcement officer must be aware of if (s)he is to be successful in obtaining a search warrant (C.O. 4, PLO 5).

7. Explain the differences between a criminal search and an administrative search (C.O. 1, 4, PLO 5).

8. Explain how the rights of a college student differ, with respect to the Fourth Amendment, depending upon whether the student is enrolled at a public or private university (C.O. 1, PLO 5).

9.Define the difference between a misdemeanor and a felony. What is meant by warrantless arrest authority (C.O. 1, 2, 3, 4, PLO 5)?

10. Define and give an example of an exigent circumstance (C.O. 1, 4, PLO 5).

11. Under what circumstances can law enforcement perform a full search of an arrestee's body (C.O. 1, 2, 3, 4, PLO 5)?

12. Explain when and why law enforcement officers can search containers, and cite at least one court case pertaining to same (C.O. 1, 4, PLO 5)

13. What are the distinctions between a stop and a formal arrest (C.O. 1-4 PLO 5)?

14. What is the difference between a frisk and a full search(C.O. 1, 2, 3, 4, PLO 5)?

15. Define and give an example of a pretextual stop (C.O. 1, 2, 3, 4, PLO 5).

16. Detail some of the benefits of a consent search to the law enforcement officer and the person being searched (C.O. 1, 2, 3, 4, PLO 5)

17. What are some of the circumstances that must be present in determining whether or not a consent search is truly voluntary(C.O. 1, 2, 3, 4, PLO 5)?

18.Name the three requirements that officers must satisfy in order to justify a seizure of evidence under the plain view doctrine (C.O. 1, 2, 3, 4, PLO 5).

19.Explain the rationale and the scope of searches allowed under the Carroll doctrine regarding automobile exceptions to search warrants (C.O. 1, 2, 3, 4, PLO 5).

20.Define these terms: statement, admission, interrogation, and confession (C.O. 1, 2, 5, PLO 5)

21. What is the Miranda Warning (C.O. 1, 2, 5, PLO 5)?

22.Briefly explain the right to counsel clause of the Sixth Amendment (C.O. 1, 2, 5, PLO 5)

23. Do Terry-type investigative stops and ordinary traffic stops require a Miranda warning by the police? Explain why or why not (C.O. 1, 2, 5, PLO 5).

24. Describe the differences between a lineup and a showup (C.O. 1, 2, PLO 5).

Reference no: EM133517650

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