The Law of Arrest, Search, and Seizure

31 terms by Caris14

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Carrol doctrine

Supreme Court's decision that warrantless searches of vehicles are permissible where reasonable suspicion of illegal action exists.

exclusionary rule

The judicially established rule that prohibits the use of illegally obtained evidence in court.

fruit of the poisonous tree

The doctrine that evidence seized illegally is considered "tainted" and cannot be used against a suspect. ex. stop someone "hunch" no facts that justified pulling person over.

Mapp v. Ohio

The Supreme Court ruling that evidence obtained in violation of the Fourth Amendment must be excluded from use in the state as well as federal trails.

Miranda v. Arizona

The Supreme Court ruling that the guarantee of due process requires that suspects in the police custody be informed that they have the right to remain silent, that anything they say be be used against them, and that they have the rght to counsel--before any questioning can permissibly take place. 5th Amend.

"plain view" doctrine

The rule, from the Supreme Court desicion in Harris v. U.S, that anything a police officer sees in plain view, when that officer has the right to be where he or she is, is not the product of a search and is therefore admissible as evidence.

probable cause

Facts or apparent facts that are reliablean generat a reasonable belief that a crime has been committed. (not suspicion or hunch)

protective sweep doctrine

The rule that when police officers execute an arrest on or outside private premisses, they may conduct a warrantless examination of the entire premises for other persons whose presense would pose a threat, either to their safety or to evidence capable of being removed or destroyed.

search and seizure

The search for and taking of persons and property as evidence of crime.

search warrant

A written order, issued by a magistrate and directed to a la enforcement officer, commanding a searc of a specified premises.

U.S v. Wade

the Supreme Court ruling that a police lineup identification of a suspect made without the suspects attorney present is admissable as evidence in a trial.

Weeks v. U.S

The Supreme Court ruling that a person whose 4th Amendment rights against security against unreasonable searh and seizure are violated by ederal agents has the right to require that evidence obtained in the search be excluded from use against him/her in federal courts.

Amendment V (5th)

to be witness against himself (self-incrimination)

Amendment IV (4th)

searches and seizures for investigative activities (limit power of government and citizens rights upheld)

Police powers

investigative powers and arrest powers

Investigative

to stop, frisk, order out of car, question and detain. (keep you there for a short period of time.

Arrest

to use force, search, seize, and restrain (physically keep you there)

judicial review

the questioning of police investigation and apprehension that are subject to procedural rules dictated by law and constitutional rights.

stop and frisk

useful mechanism for police in areas where crime rates or potential for crime is high (wave warrant)

Terry v. Ohio

Ruling that when a police officer observes unusual conduct and suspects a crime is about to be committed, he may frisk a suspects outer clothing for dangerous weapons (cant frisk at will)

"Silver Platter" Doctrine

permit federal prosecuters to use evidence obtained by state agents through unreasonable search and seizure-provided that the evidence was obtained w/o federal participation and was turned over to federal officials.

Rea v. U.S

federal law enforcement officials were prohibited from turning over to state prosecuters evidence that had been seized by them in an unconstitutional manner.

Elkins v. U.S

which states that any evidence seized in an unconstitutional fashion by state officials and handed over to a federal prosecuter was inadmissible in federal courts.

habeas corpus statue

state prisoners who had alledgedly been convicted and incarcerated on the basis of illegally obtained evidence could appeal to the federal courts.

arrest

taking someone into custody (property of the police) w/i 24 hrs must file charges (prosecuter/courthouse) presense, probable cause and warrant.

ordinance

law pass by community

force

reasonable (proportional/equal)

show ups

after crime is committed, victim/witness taken to police station, confronted w/ suspect and asked "Is he the one"?

line up

suspect placed with other people and victim/witness is asked to identify the person with lawyer present in case of "couching".

DNA

can be extracted from an individuals blood, saliva, semen or vaginal secretions, or even a speck of skin.

"good faith" exception

allowing evidence gathered in questionable searches to be admitted into court depending on the circumstances of the search.

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