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23 terms

Criminal Justice Ch. 8

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search
a government actor's infringement on a person's reasonable expectation of privacy
open field
any unoccupied or undeveloped real property outside the curtilage go home
curtilage
grounds or fields attached to a house
arrest
Occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense
search warrant
An order, issued by a judge, directing officers to conduct a search of specified premises for specified objects
in-presence requirement
a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime the officer did not witness, an arrest warrant must be obtained
probable cause
The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant: a set of facts, information, circumstances, or conditions that would lead a reasonable person to believe than an offense was committed and the accused committed the offense
particularity
the requirement that a search warrant state precisely where the search is to take place and what items are to be seized
probable cause hearing
If a person is subjected to a warrantless arrest, a hearing is held to determine whether probable cause exists that he committed the crime
exigent circumstances
emergency or urgent circumstances
hot pursuit
a legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger their lives or the lives of other and lead to the escape of the alleged perpetrator
stop and frisk
the situation in which police officers who are suspicious of an individual run their hands lightly over the suspects outer garments to determine whether the person is carrying a concealed weapon
search incident to a lawful arrest
an exception to the search warrant rule, limited to the immediate surrounding area
bus sweep
police investigation technique in which officers board a bus or train without suspicion of illegal activity and question passengers, asking for their identification, 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
Miranda warning
The requirement that when a person is interrogated while in custody, police must inform the individual of the right to remain silent, the consequences of failing to remain silent, and the constitutional right to counsel
public safety doctrine
the principle that a suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety
booking
the administrative record of an arrest, listing the offender's name, address, physical description, date of birth, time of arrest, blah blah blah
lineup
placing a suspect in a group for the purpose of being viewed and identified as a witness
exclusionary rule
the principle that prohibits using illegally obtained evidence in a trial
fruit of the poisonous tree
secondary evidence obtained from a search that violate the exclusionary rule
good faith exception
the principle that evidence may be used in a criminal trial even though the search warrant used to obtain it was technically faulty, as long as the police acted in good faith when they sought the warrant from a judge
inevitable discovery rule
the principle that evidence can be used in court even though the information let to its discovery was obtained in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means or sources