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1. Where can the fourth amendment be found in the Idaho Constitution, pro-
tecting against unreasonable searches and seizures?: Article 1, Section 17
2. What Case established the exclusionary Rule?: Weeks V. US
3. What was the Silver Platter Doctrine?: Law enforcement from state and other agencies illegally
acquired evidence for federal agents where it can be used for successful prosecutions.
4. What case established the fruit of the poisonous tree?: Silverthorn Lumber Co.
5. What case made the exclusionary rule apply to all states, ending the silver-
platter doctrine?: Mapp V. Ohio
6. What did Chimel V. California Establish?: Established the Search incident to arrest of the
immediate lunge area.
7. (Blank) case established the stop and frisk.: Terry V. Ohio
8. Under Terry v. Ohio, a police officer may stop and briefly detain a person only
if the officer has _____________________, that the individual may be involved in
criminal activity.: Reasonable suspicion
9. Under Terry v. Ohio, police may conduct a frisk under what circumstances?: If
the officer has reasonable suspicion that the suspect has, is, or is about to be involved in a crime, is armed and
dangerous, and is a threat to the officer or other individuals
10. Miranda V. Arizona protects what amendment rights?: 5th & 6th Amendments
11. Miranda Warnings must be _________, ________,& _________: Voluntary, Knowing & intel-
ligent
12. Invocation of Miranda must be ___________&_________: Unambiguous & Unequivocal
13. A suspect should have a clean expression of understanding after being read
Miranda. True or False: True
14. Idaho Code 19-601 Gives the definition of: an Arrest
15. Idaho Code 19-602 Gives the Definition of: How an arrest is made
16. Idaho Code 19-603 gives the definition of: When We can Arrest
17. Idaho Code 19-602, an arrest is made by actual ________ or by ________: Physical
restraint or by submission
18. Under Idaho Code 19-603, When can we arrest?: -Warrants
-Offense committed in your presence
-Felony committed with Reasonable cause (PC)
, POST Patrol Final exam PRACTICE TEST
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-Criminal Complaint filed
-At Night when PC exists to believe the person committed a felony
19. Custody is defined as: a formal arrest or freedom of movement is curtailed to a degree associated with
a formal arrest.
20. Miranda Warnings are required when: Suspect is being interrogated, is in custody, and is being
questioned by a government actor
21. What is the burden of proof for a temporary detention?: Reasonable suspicion
22. what is the burden of proof for an arrest: probable cause
23. What is the burden of proof for a voluntary encounter?: Nothing (4th amendment does
not apply)
24. When does the 6th amendment come into play? Also referred to as the ______
Shield.: only after a criminal complaint has been filed. Also referred to as the Constitution shield.
25. What does the 6th amendment protect against when a criminal complaint
has been filed? Are there exceptions?: Protects the suspect from being questioned only on THE
CHARGED crime that has been filed on the complaint. With the exception of the permission or presence of an attorney.
26. What are the three exceptions to the exclusionary Rule?: Independent source
Discovery was inevitable
Good faith (Idaho does not recognize)
27. What are exceptions to the search warrant requirement: -lunge area
-automobile exception
-consent to search
-stop and frisk
-exigent circumstances
-probation & parole
-Plain/open View
28. Vehicle inventory is considered a search. True or false: False
29. Open view is considered a search. True or False?: False
30. What is CURTLIAGE ?: Area that surrounds the house that shares in the same expectation of privacy
31. Do you have a reasonable expectation of privacy outside of your curtilage?-
: No,
32. Felonies are punishable by ________ Or 1 year or more in ______ _______: Death,
state prison