Upgrade to remove ads
intro to CJ final
Terms in this set (38)
protects criminal suspects agaisnt unreasonble search and seizures .
a government actors infringement on a person's reasonable expectation of privacy.
Open Field Doctrine
Any unoccupied or undeveloped real property outside the curtilage of a home.
grounds or fields attache to a house
occurs when a police officer takes a person into custody or deprives a person of freedom.
an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects
an order, directing officers to arrest someone
in presence requirement
a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. if he didnt see it occur he needs a warrant.
When warrents are necessary
arrests and searches in private homes or on specific types of private property.
arrests for minor offenses committed out of view of the arresting officer.
criteria necessary to sustain an arrest.
the requirement that a search warrant state precisely where the search is to take place and what items are to be seized.
When a warrent is not needed
exigent circumstances, stop and frisk, searches incident to lawful arrest, automobiles searches, consent searches, searches based on plain view, crimes committed in an officer's presence.
search incident to a lawful arrest
an exception to the search warrant rule, limited to the immediate surrounding area.
must be conducted at the time or immediately after the arrest
must search person and suspect immediate area
certain situations justify the warrantless search of an automobile on a public street or highway.
*during a lawful arrest
an automobile can be searched without a warrant if the police have probable cause.
Pure vehicle search
vehicle search is one in which the police seek to search a vehicle without regard to whether the vehicle is being driven by a person. search that doesnt concern the passenger.
Searching drivers and passengers
You can search and frisk passengers and drivers.
anyone detained in a traffic stop is seized.
stop when police officers stop a car because they suspect the driver is involved in a crime such as drug trafficking but lacking probable cause, they use a pretext stop like minor traffic violation to the stop the car and search its interior.
although random stops are forbidden, a police department can set up a roadblock to stop cars in some systematic fashion to ensure public safety.
warrantless searches when the person is control of the area or object consents to the search.
Third party consent
it is permissible for one occupant of an apartment to give consent to the police to search the premises in the absence of the other occupant, as long as the person shares common authority.
Police investigation technique in which officers board a bus or train without suspicion of illegal activity and question passengers, asking for I.D and seeking permission to search their baggage.
Plain view doctrine
the principle that evidence in plain view of police officers may be seized without a search warrant.
evidence admissible but must be limited to a search for weapons, and the officer may not extend the "feel" beyond that necessary to determine whether what is felt is a weapon.
Crimes committed in an officers presence
police may arrest a suspect without a warrant when probable cause exists, even though the officer was not present when the offense was committed.
Non criminal acts
people can be arrest for non criminal acts if they violate the law that faces penalties.
government must obtain a court order if it wished to listen in on conversations in which parties have a reasonable expectation of privacy, such as in their own homes or on the telephone.
Federal Wire Tap- requires court approval of all real time eavesdropping on electronic communications, including voice,email,fax, internet
Foreign Intelligence Surveillance Act- authorizes wiretapping of any alien the government believes is a member of a foreign terrorist group or is an agent of a foreign power.
used in cities as investigative tools for police but controversial because they are seen as prying eyes.
GPS Tracking Devices
can use GPS on cars without warrant.
New york v Quarles
1984 A suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety.
Public safety doctorine
The principle that suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety
The administrative record of an arrest, listing the offender's name,address,physical description, date of birth, offense, and name of arresting officer, it also includes photographing and fingerprinting of the offender.
Placing a suspect in a group for the purpose of being viewed and identified by a witness
The principle that prohibits using illegally obtained evidence in a trail
Current status of the Exclusionary
Independent source exception. This rule allows admission of evidence that has been discovered by means wholly independent of any constitutional violation
Good faith exception
In united states v leon 1984 the court ruled the evidence seized by police relying on a warrant issued by a detached and neutral magistrate can be use in a court proceeding, even if the judge who issued the warrant erred in drawing up the document
Inevitable discovery rule
This rule holds that evidence obtained through an unlawful search or seizure is admissible in court if it can be established , to a very high degree of probability
Sets with similar terms
Introduction to Criminal Justice Chapter 8
Criminal Justice Ch. 9: Police and The Rule of Law
Chapter 8 Criminal Justice
Other sets by this creator
intro to CJ 11
intro to CJ chapter 10
Intro to cj chapter 9
Justice and Constitution Final