explain plain viewin plain sight (if officer sees something illegal in plain sight they can arrest you for it)explain hot pursuitexample: if you run from the police in a car and later you leave the car, they can search it.
example: if you hide illegal things in a hotel room then book out, the police can investigate those things and arrest you for itexplain vehicle searchesprobable cause to believe vehicle contains contraband and may conduct a searchexplain emergency situationsif police are helping escort people away from a fire, and they find illegal things in your home they can arrest youexplain border or airport controlpeople working in airports are authorized without warrants or probable cause and may conduct a searchdefine contrabanditems that are illegal to possesdoes a school meed a warrant to search a school locker?no, its school property and they can conduct a searchwhat does a school need in order to search you/your locker?
(NJ vs TLO)reasonable suspiciondefine racial profilinginappropriate use of race used as a factor to arrest/stop someonewhat happens before an interrogation?you get read your miranda rightswhat is an interrogation?questioning of a witness or suspected criminal after they are arresteddefine miranda warningrights that a person must be told of when arrested or taken into custody by police.
must be done BEFORE questioningwhy are miranda warnings used?so that police can use statements/confessions in trial.what does the miranda warning do?stop people from self-incriminationwhat are the 6 things read in the miranda warnings?1. right to remain silent
2. anything you say can and will be used against you in the court of law
3. you have the right to talk to a lawyer and have them present with you while being questioned
4. if you cannot afford and attorney, one will be appointed to you before questioning
5. you can decide at anytime to use these rights and not answer any questions
6. do you understand your rights?short answer of how miranda warning came to belandmark case, miranda vs arizona
ernesto miranda was accused of raping an 18 year old, he confessed to it bc he did not know his rights. he was found guilty in trial and appealed to the US supreme court. second trial happened and he was still found guilty.which amendment protects you against self-incrimination?5th amendmentdefine due processright to a fair trialdefandant is protected from self-incrimination because state has the ______ __ _____burden of proofdefine consensual encounterif an officer talks/questions an individual, they can leave at any time and stop answering questionsdefine stop (investigative detention)officer has reasonable suspicion person may be involved in a crime thay can be taking place or being planned.
brief period of questioning, no charges made, individual is not free to leave and must be detained for period of time (20 min)define arrestwhen a person suspected of a crime is taken into custodyfourth amendment protects against:unreasonable searches and seizures
does not prohibit searches, only ones that are unreasonabledefine exclusionary ruleevidence seized in unlawful search that cannot be used in a trial
(applies to 4th, 5th, and 6th amendments)the exclusionary rule punishes who?police officerstwo types of an arrest1. with a warrant (arrest warrant)
2. without a warrantexplain an arrest without a warrantmaking an arrest with probable cause or being seen committing a crimeexplain an arrest warrantcourt ordered document authorizing police to arrest an individual for a specific chargewhat is the criminal justice process?everything that happens to a person from an arrest to the conviction.define probable cause
how can it be established?reasonable belief that a specific person has committed a crime
can be established from citizens, victims, witnesses, and informantsdefine reasonable suspicionevidence that justifies the stopping and questioning of someone believed to be involved in criminal activity
less than probable cause but more than a hunchwhat is needed to make an arrest?probable cause
