36 terms

Criminal Justice Ch. 8: Police and The Rule of Law

Gov't actor's infringemnt on person's reasonable expectation of privacy
Open Field
any unoccupied or undeveloped real property outside the curtilage of a home
grounds or fields attached to a house; i.e. fenced in areas of private property; yard surrounding house; secured outbuildings
occurs when a police officer has probable cause, deprives the individual of freedom, and the suspect believes he/ she is in the custody of the police and lost their liberty
Search Warrant
an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects
Arrest Warrant
an order, issued by a judge, directing officers to arrest a particular individual
In Presence Requirement
a misdemeanor needs to occur in the presence of an officer for an arrest to be valid, otherwise an arrest warrant is required
Probable Cause
reasonable belief, based on fact, that a crime has been committed and that the person, place, or object to be searched and/or siezed is linked to the crime with a reasonable degree of certainty; comes from firsthand knowledge; informants; tips anonymous and telephone
requirement that a search warrant state precisely where the search is to take place and what items are to be seized
Probable Cause hearing
a hearing that is held to determine whether probable cause exists that he committed the crime after a warrantless arrest
Exigent Circumstances
Emergency or urgent circumstances
Hot Pursuit
legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger the situation
Stop and Frisk
situation in which police officers who are suspcicious of an individual run their hands lightly over the suspect's outer garments; pat-down; Two separate acts that both require reasonable suspicion
Search Incident to Lawful arrest
an exception to the search warrant rule, limited to the immediate surrounding area; must be conducted immediately following the arrest and occur in the area within the suspect's immediate control
Bus Sweep
technique in which officers board a bus w/o suspicion of illegal activity and question passengers, asking for 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
requirement that when a person is custodially interrogated, police inform of the right remain silent, and the consequences of failing to remain silent, and the constitutional right to counsel.
Public Safety Doctrine
principle that a suspect can be questioned in the field without a Miranda warning if the information of the police seek is needed to protect public safety
administrative record of an arrest consisting of Name, address, physical desciption, DOB, job, date of arrest, name of arresting officer, photograph and fingerprints
placing a suspect in a group for the purpose of being viewed and identified as a witness; the accused has right to counsel at the post-indictment show-up
Exclusionary Rule
the principle that prohibits using illegally obtained evidence in a trials
Fruit of the Poisonous tree
secondary evidence obtained from a search that violates the exclusionary rule; indirect evidence
Good Faith Exception
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
principle that evidence can be used in court even though the info that led to its discovery was obatined in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means or sources
Requirements for Warrants
Probable Cause ( Firsthand knowledge, Informants, Anonymous tips, Telephone tips), Neutral and Detached Magistrate (Judge),Particularity
When are Warrants Necessary
happens when there are 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
Exceptions to Exclusionary Rule
Independent sources, Good Faith, Inevitable Discovery
Serving a Warrant
Must: Knock and Announce; Keep property damage to a minimum; use appropriate force; be mindful of time constraints; limit scope and manner of searches; no media reporters
Reasons for Warrantless Searches
Exigent circumstances, stop and frisk, search incident to arrest, automobile search, consent search, plain view, crime committed in presence of officer
Examples of Exigent Circumstances
hot pursuit, danger of escape, threats to evidence, and threats to others
Pure Searches
search in which police seek to search a vehicle without regard to whether the vehicle is being driven by a person with probable cause that it contains illegal elements
Pretext stop
police officers stop a car because they suspect the driver is involved in a crime such as drug trafficking, but lacking probable cause.
Consent Searches
include: Voluntariness, Third- Party Consent; Bus Sweeps, and "Free to Go"
Rights Under Miranda Warning
Right to remain silent; statements made can and will be used against them in a court of law; right to an attorney at the time of interrogation; if they can't afford an attorney, one will be appointed
Independent Source Exception
allows admission of evidence that has been discovered by means wholly independent of any constitutional violations.
Fourth Amendment
consists of two parts: the reasonableness clause and the warrants clause; controls searches and seizures