Beatriz Flores
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20 terms
Terms | Definitions |
|---|---|
 Bill of Rights | The first ten amendments to the constitution, ratified in 1971, specifying those liberties which government may not infringe upon. |
| Criminal Procedure | Those statues and court rules governing the manner in which criminal trials and proceedings are conducted. |
| Due Process | The guarantee of "fundamental fairness" in the application of the law in that the law is applied equally to all who are brought before it |
| Exclusionary rule | Court-created rule prohibiting from admission into evidence documents and things obtained in violation of the 4th Amendment Prohibition against unreasonable searches and seizures |
| Exigent circumstances | Facts showing that there was such an emergency situation that the police were entitled to act on their own determination of probable cause without requiring that a warrant issue |
| Federalism | The system of government created by the constitution in which the federal government occupies a certain role and the states another |
| Fourteenth amendment | Post-civil war amendment prohibiting any state from passing laws that denied equal protection of the law to any person within their jurisdiction |
| Fourth amendment | Protects the people against unreasonable searches and seizures by government |
| Jurisdiction | The legal authority of the court to decide a case |
| Magistrate | In the field of criminal procedure, any judicial officer charged with issuing warrants upon application |
| Plain view rule | If a police officer is lawfully in a place, then evidence which is readily visible to the naked eye may be seized |
| Probable cause | Sufficient evidence to establish that a crime has been committed, and that it is likely that the evidence specified in the affidavit regarding the criminal activity will be found at the place sought to be searched |
| Search | Intrusion into a place in order to locate physical or other evidence |
| Search warrant | Authorization to search issued by a magistrate after presentation of an affidavit setting forth probable cause to search a place for things specifically identified in the affidavit which provide evidence of crime |
| Seizure | Taking of evidence found or arrest of a person |
| Selective incorporation | The process by which the Supreme Court of the United States determined which articles in the Bill of Rights were to be applied to the states |
| Standing | The legal right of a person to contest a search |
| Stop-and-frisk | The right of a police officer to stop a person upon suspicion of criminal activity and conduct a frisk search of the person to determine if the person has any dangerous weapons on her person |
| U.S Constitution | Founding document of the republic identifying the three co-equal branches of government and specifying the powers of each |
| Warrantless search | Search conducted without authorization by a magistrate who determines probable cause |
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