Chapter 5: Policing: Legal Aspects

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anticipatory warrant

a search warrant issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed

arrest

the act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense

Bill of Rights

the popular name given to the first ten amendments to the U.S. Constitution

compelling interest

a legal concept that provides a basis for suspicionless searches when public safety is at issue

Electronic Communications Privacy Act(ECPA)

a law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications

electronic evidence

information and data of investigative value that are stored in or transmitted by an electronic device

emergency search

a search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence

exclusionary rule

the understanding, based on U.S. Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial

fleeting-targets exception

an exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant

digital criminal forensics

the lawful seizure, acquisition, analysis, reporting, and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events

fruit of the poisonous tree doctrine

a legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure

good-faith exception

an exception to the exclusionary rule whereby evidence obtained under a warrant later found to be invalid

illegally seized evidence

evidence seized without regard to the principles of due process as described by the Bill of Rights (conducted without a proper warrant or of improperly conducted interrogations

inherent coercion

the tactics used by police interviewers that fail short of physical abuse but that nonetheless pressure suspects to divulge information

interrogation

the information-gathering activity of police officers that involves the direct questioning of suspects

landmark case

a precendent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system

latent evidence

evidence of relevance to a criminal investigation that is not readily seen by the unaided eye

Miranda triggers

the dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required

Miranda warnings

the advisement of rights due criminal suspects by the police before questioning begins.
(Miranda v. Arizona)

plain view

a legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects
(Harris v. U.S.

probable cause

a reasonable ground to suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime

psychological manipulation

manipulative actions by police interviewers, designed to pressure suspects to divulge information, that are based on subtle forms of intimidation and control

reasonable suspicion

the level of suspicion that would justify an officer in making further inquiry or in conducting further investigation

search incident to an arrest

a warrantless search of an arrested individual conducted to ensure the safety of the arresting officer

"sneek and peek search"

a search that occurs in the suspect's absence and without his or her prior knowledge

suspicionless search

a search conducted by a law enforcement personnel without a warrant and without suspicion

writ of certiorari

a writ issued from an appellate court for the purpose of obtaining from a lower court the records of its proceedings in a particular case

Alabama v. White

(1990) the Supreme Court ruled that anonymous tip, even in the absence of other coorborating information about a suspect, could form the basis for an investigatory stop of the informant accurately predicted the future behavior of the suspect

Arizona v. Fulminante

(1991)uncertainty over the use of sophisticated techniques to gain a confession.

Brecht v. Abrahamson

(1993)prosecution efforts to use silence against a defendant may not invalidate a finding of guilty by a jury unless the "error had substainal and injurious effect or influence in determing the jury's verdict

Brown v. Mississippi

(1936)robbery of a white store owner

California v. Hodari D.

(1991)

Carroll v. U.S.

...

Chimel v. California

...

illiniois v. Perkins

...

Indianapolis v. Edmond

...

Kyllo v. U.S.

...

Mapp v. Ohio

...

Minnick v. Mississippi

...

Miranda v. Arizona

...

Nix v.Williams

...

Richards v. Wisconsin

...

Silverstone Lumber Co. v. U.S.

...

Smith v. Ohio

...

Terry v. Ohio

...

U.S. v. Drayton

...

U.S. v. Patane

...

U.S. v. Robinson

...

U.S. Dept. of Justice v. Landano

...

Weeks v. U.S.

...

Wilson v. Arkansas

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