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Street Law - Ch 12
Terms in this set (40)
Criminal justice process
includes everything that happens to a person from arrest through prosecution and conviction to release from the control of the state
takes place when a person suspected of a crime is taken into custody
4th amendment requires seizure to be for reasonable cause
court order commanding that the person named in it be taken into custody
warrant issued by
judge or magistrate
having a reasonable belief that a specific person has committed a crime
drug courier profile
profile used to provide a basis to stop and question a person or to help establish probable cause for arrest
citizen that provides information to law enforcement regarding criminal activity. Can use info to establish probably cause
confirmation (reliability) of an informant's information
based on even less evidence than probably cause, but must be more than a mere hunch.
stop and frisk
limited pat-down of the person's outer clothing
Reacting to an arrest
do not struggle with police, give name, address and phone number, ask for a lawyer
use of deadly force
limited to incidents involving dangerous or threatening suspects
Civil Rights Act
protects citizens from officers using too much force or making an unlawful arrest
liability for false arrest
a police officer is never liable for false arrest simply because the person arrested did not commit the crime
sets out the right to be free from "unreasonable searches and seizures" and establishes conditions under which search warrants may be issued. No unreasonable searches and seizures without probable cause
violation by private citizen
it is not a violation for a private citizen to search a home. Constitution protects against government searches and seizures but does not mention protection from private citizen searches
test of being "reasonable"
decided by a judge
if a court finds that the search was unreasonable, then evidence found in the search cannot be used at the trial against the defendant
a court order obtained from a judge who is convince that there is a bona fide need to search a person or place
a sworn statement of facts and circumstances. Provides the probable cause to believe that a search is justified. Usually given by a police officer
Searches without a warrant
Because of the number of exceptions to the Fourth Amendment warrant requirement, most searches are warrantless. Searches must still be reasonable
searches without warrant - lawful arrest
a search that is part of, or incident to, a lawful arrest is the most common exception to the warrant requirement
searches without warrant - stop and frisk
if police officer reasonable thinks a person is behaving suspiciously and likely to be armed, they may stop and frisk the suspect for weapons
searches without warrant - consent
person voluntarily agrees the police may conduct a search without warrant and without probable cause
searches without warrant - plain view
if an object connected with a crime is in plain view and can be seen from a place where an officer has a right to be, it can be seized without a warrant
searches without warrant - hot pursuit
police in hot pursuit of a suspect are not required to ge t a search warrant before entering a building that they have seen the suspect enter
searches without warrant - vehicle searches
a police officer who has probable cause to believe that a vehicle contains contraband may conduct a search of the entire vehicle, as well as any containers in the vehicle that might contain the contraband, without a warrant
searches without warrant - emergency situation
in certain emergencies, the police are not required to get a search warrant. Ex: bomb threat, smelling smoke or hearing screams, etc
searches without warrant - border and airport
custom agents are authorized to search without warrants and without probable cause
New Jersey v. TLO (1985):
assistant principal suspected a student of violating the public high school's rule against smoking. The principal searched the student's purse, and found evidence of marijuana use. Supreme Court upheld the search
school "strip" searches
strip searches in school are deemed to be unreasonable
the inappropriate use of race as a factor in identifying people who may break or have broken the law.
when police question the accused after an arrest is made
suspect has a right to remain silent and cannot be force to testify against himself or herself.
"burden of proof"
government bears the burden of proof. Suspects are not obliged to help the government prove they committed a crime or to testify at their own trial
Escobedo v. Illinois
court said that even a voluntary confession is inadmissible as evidence if it is obtained after the defendant's request to talk with a n attorney has been denied.
Miranda v. Arizona
Ernesto Miranda's confession could not be used at trial because officers had obtained it without informing Miranda of his right to a lawyer and his right to remain silent.
"public safety exception"
police may ask questions related to public safety before advising suspects of their rights.
the person is in custody (not free to leave) and is being interrogated (questioned) by the police.
THIS SET IS OFTEN IN FOLDERS WITH...
Street Law Ch 13
Street Law Ch 14
Street Law - Ch 10
street law chapter 9,10,11
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