Explain the “search incident to arrest” exception to the warrant requirement and its limitations.
What will be an ideal response?
A warrant is not needed to search individuals as the result of an arrest. Through a series of U.S. Supreme Court decisions, the scope of the search has been defined. Police are generally allowed to search an area within the immediate control of the arrestee, as it might harbor either a weapon or evidence (Chimel v. California). In addition, if an arrest is made inside of a home, and if there is a potential danger to officers, police are permitted to perform a limited protective sweep of the property for officer safety (Maryland v. Buie). In the event that the arrest takes place in a motor vehicle, the police are limited to the area with in the subjects immediate control, if the arrestee is within reaching distance of the passenger compartment at the time of the search, or it is reasonable to believe the vehicle contains evidence of the offense of arrest (Arizona v. Gant).
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Generally, Community Orientated Policing has four characteristics. Which of the following is NOT one of those characteristics?
A) Community partnerships B) Department-wide orientation C) Centralized decision making D) Problem Solving
The Child Saver Movement emphasized redemption and prevention through _________
a. early identification of deviance b. intervention in the form of education c. intervention in the form of training d. All of the above
Which of the following is not a criticism of differential association theory? a. Differential association theory fails to account for the origin of criminal definitions
b. Differential association theory assumes criminal and delinquent acts to be rational and systematic. c. Differential association theory can account for isolated, psychopathic killing. d. Differential association theory ignores spontaneous acts of violence.
In _______ (1993), the Supreme Court ruled that civil in rem forfeitures, although not technically criminal proceedings, are subject to the Excessive Fines Clause of the Eighth Amendment
a. Penry v. Lynaugh b. Austin v. United States c. Ex Parte Quirin d. None of these