CJ2012 - Criminal Justice Book CH 5

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Procedural Law
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Terms in this set (17)
The right of the police to gather without a warrant evidence that is clearly visible. If items are in plain view of the area a police officer is located, evidence obtained is admissible. If a police officer must move items to find evidence then evidence obtained is inadmissible. EX: Warrant for 52 inch TV, can't open drawers to look as a TV will not fit. Any evidence in drawer would be inadmissible.
Public Safety ExceptionThe right of the police to search without probable cause when not to do so could pose a threat of harm to the public. If the police are chasing a person that has just committed a crime and that person dumps the gun in the chase, the police have the right to perform the search without a warrant for the presence of the weapon may pose a serious threat to the public.Good Faith ExceptionAn exception to the requirement that police must have a valid search warrant or probable cause when they act in good faith on the belief that the search was legal. EX: Warrant has a type on the date of the search and the police search on the actual date requested, acting in good faith, the warrant is valid.Clear and Present DangerA condition relating to public safety that may justify police use of deadly force against a fleeing suspect. EX: Posed by a fleeing person in the public realm, use of deadly force may be justifiable.Self-IncriminationStatements made by a person that might lead to criminal prosecution.Indigent DefenseThe right to have an attorney provided free of charge by the state if a defendant cannot afford one, established in Gideon V Wainwright 1963.Miranda RightsRights that provide protection from self-incrimination and confer the right to an attorney, of which citizens must be informed before police arrest and interrogation, established in Miranda V Arizona 1966.ArrestThe restriction of the freedom of a person by taking him or her into police custody. If the police have handcuffed you and/or you are sitting in the back of a patrol car, you have been arrested.