Chapter 7 Vocab

blueghost's version from 2017-02-28 12:23


Question Answer
searches and seizuresthe legal term as found in the fourth amendment that generally refers to the searching for and confiscating of evidence by law enforcement agents
probable causereasonable grounds to believe that the existence of facts warrants certain actions such as the search or arrest of a person ( personal observation, information, evidence, association)
exclusionary rulea rule under which evidence that was obtained in violation of the accuseds rights will not be admissible in criminal court
fruit of a poisoned treeevidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court
inevitable discovery exception(nix v. williams) legal principle that illegally obtained evidence can be admissible in court if police using lawful means would have inevitably found it
good faith exception(us v. leon/arizona v. evans) legal principle that evidence obtained with the use of a technically invalid search warrant is admissible during the trial if the police acted in good faith when they sought the warrant form a judge
searchprocess by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial
search warrantwritten order based on prob cause that allows a law enforcement agent to search a place, person, or property to get evidence
affidavitwritten state of facts confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath of affirmation
seizurethe forcible taking of a person or property in response to a law violation
searches incidental to arrestseaches for weapons and evidence that are conducted on persons who have just been arrested
consent searchessearches by police that are made after the suspect of a search has agreed to the action; validates a warrantless search
warrantless search situationsincident to lawful arrest; consent; stop and frisk; hot pursuit; automobile exception; plain view; abandoned property; border searches
plain view doctrinecoolidge v. new hampshire ; legal principle that objects in plain view of the agent who has the right to be in a position to have view may be seized without a warrant and introduced as evidence
electronic sureillanceuse of equipment by agents to record private convos or observe conuct that is meant to be private
stopbrief detention of a person by agent for questioning
friskpat down or minimal search by police to discover weapons
racial profilingpractice of targeting poeple for action based on solely race, ethnicity, or national origin
arrestto deprive the liberty of a person suspected of criminal activity
elements present for an arrestintent to arrest, authority to arrest, seizure or detention, understanding of arrest by the person taken into custody
arrest warrantwritten order commanding that the person named on the warrant be arrested by the police
exigent circumstancessituations that require extralegal or exceptional actions by the police (suspect is ared, persons are destroying evidence, felony is being comitted at the time the officers enter)
warrantless arrestarrest made iwthout first seeking a warrant for the action
interrogationdirect questioning of a suspect to gather evidence of criminal activity and to try and gain a confession
coercionuse of physical force or mental intimidation to compel a person to do something against their will
miranda rightsthe constitutional rights of accused persons taken into custody by law enforcement officials (right to remain silent and the right to counsel)
custodythe forceful detention of a person or the perception that a person is not free to leave the immediate vicinity
custodial interrogationthe questioning of a suspect after the person has been taken into custody; the suspect must be read his or her miranda rights before the interrogation can begin
false confessionan admission of guilt when the confessor did not commit the crime
bookingthe process of entering the suspects name, offense, and arrival time into the police log following arrest
showupssuspect is aprehended near the scene of the crime and broguht back ot it for id by witnesses
photo arraysused when no suspect is in custody but the police have a gen descripton; witnesses and victims are shown mug shots
lineupssuspect and other similar people are show to witnesses and victims

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