Chapter 15-20 Flashcards
(144 cards)
1
Q
Search
A
-Inspection
~Attempt to locate a particular person or object
2
Q
Seizure
A
-Action of police in taking possession or control or property or persons
3
Q
Warrant
A
-A judicial writ or order directed to a law enforcement officer authorizing the doing of a specified act, such as an arrest or a search
4
Q
Probable Cause
A
-A reasonable ground for belief in certain alleged facts
5
Q
Reasonable Suspicion
A
-A police officer’s belief based on all relevant circumstances that criminal activity is afoot
6
Q
General Warrant
A
-A search or arrest warrant that is not particular as to the person to be arrested, placed to be searched, or property to be seized
7
Q
Doctrine of Incorporation
A
-The doctrine under which provisions of the Bill of Rights are held to be incorporated within the Due Process Clause of the Fourteenth Amendment and are made applicable to actions if the state and local governments
8
Q
Border Searches
A
-Searchers of persons entering the borders of the US
9
Q
Curtilage
A
-The enclosed space of ground surrounding a dwelling
10
Q
Open Fields Doctrine
A
-The doctrine that the Fourth Amendment does not apply to the open fields around a home, even if these opem fields are private property
11
Q
Abandoned Property
A
-Property over which the former owner has relinquished any claim of ownership
12
Q
Inventory Search
A
-An exception to the warrant requirement that allows police who legally impound a vehicle to conduct a routine inventory of the contents of the vechicle
13
Q
Consent to a Serch
A
-The act of a person voluntarily permitting police to conduct a search of person or property
14
Q
Implied Consent
A
-An agreement or acquiescence manifested by a person’s actions or inaction
15
Q
Third-Party Consent
A
-Consent, usually to a search, given by a person on behalf of another
~A college roommate who allows the police to search his or her roommate’s effects
16
Q
Exigent Circumstances
A
-Unforeseen situations that deem unusual or immediate action
17
Q
Wiretapping
A
-The use of highly sensitive electronic devices designed to intercept electronic communications
18
Q
Electronic Eavesdropping
A
-Covert listening to or recording of a person’s conversations by electronic means
19
Q
Reasonable Expectation of Privacy
A
-Doctrine holding that the Fourth Amendment protects persons from official instructions as long as they have a subjective expectation of privacy that society it prepared to accept
20
Q
Sobriety Checkpoints
A
-Roadblocks set up for the purpose of administering field sobriety tests to motorists who appear to be intoxicated
21
Q
Strip Searches
A
-Searchers of suspects’ or prisoners’ private parts
22
Q
Totality of Circumstances
A
-Circumstances considered in the aggregate as opposed to individually
23
Q
Affidavit
A
-A written document attesting to specific facts of which the affiant has knowledge, and sworn to or affirmed by the affiant
24
Q
Affiant
A
-A person who makes an affidavit
25
Confidential Informants
-An informant known to the police but whose identity is held in confidence
26
Anticipatory Search Warrant
-A search warrant issued based on an affidavit that at a future time evidence of a crime will be at a specific place
27
Knock and Announce
-The provision under federal and most state law that requires a law enforcement officer to first knock and announce his or her presence and purpose before entering a person's home to serve a search or arrest warrant
28
franks Hearing
-A pretrail proceeding that allows a defendant to challenge the veracity of an affiant's statements in the affidavit that supports the issuance of a search warrant
29
Warrantless Searches
-Searches made by police who do not possess search warrant
30
Plain-view Doctrine
-The Fourth Amendment doctrine under which a police officer may seize evidence of a crime that is readily visible to the officer's naked eye as long as the officer is legally in the place where the evidence becomes visible
31
Emergency Searches
-Searches by law enforcement officers in response to an emergency
~In such an instance, police can seize evidence in plain view despite not having a search warrant
32
Evanescent Evidence
-Evidence that tends to disappear or be destroyed
~Often, police seek to justify a warrantless search on the ground that destruction of the evidence is imminent
33
Search Incident to a Lawful Arrest
-Search of a person placed under arrest and the area within the arrestee's grasp and control
34
Hot Pursuit
-The right of police to cross jurisdictional lines to apprehend a suspect or criminal
-The Fourth Amendment doctrine allows warrantless searches and arrests where police pursue a fleeing suspect into a protected area
35
Automobile Exception
-Exception to the Fourth Amendment warrant requirement
~The exception allows the warrantless search of a vehicle by police who have probable cause to search but because of exigent circumstances are unable to secure a warrant
36
Stop-and-Frisk
-An encounter between a police officer and a suspect during which the latter is temporarily detained and subjected to a pat-down search for weapons
37
Drug Courier Profiles
-Sets of characteristics that are believed to typify drug couriers
38
Drug Testing
-Procedures, usually involving urinalysis, designed to test for the presence of illegal drugs in the body
39
Pen Register
-Device that enables law enforcement to obtain the numbers that have been dialed by use of a specific telephone instrument
40
Wiretap Order
-Courts orders permitting electronic surveillance for a limited period
41
Trap-and-Trace Devices
-Devices that capture incoming electronic impulses that identify the originating number of a device from which an electronic communication was transmitted
42
USA PATRIOT Act
-Controversial Act of Congress enacted in 2001 to strengthen the federal government's efforts to combat terrorism
43
Exclusionary Rule
-Judicial doctrine forbidding the use of evidence in a criminal trial where the evidence was obtained in violation of the defendant's constitutional rights
44
Fruit of the Poisonous Tree Doctrine
-A doctrine based on the judicial interpretation of the Fourth Amendment that holds that evidence derived from other, illegally seized evidence cannot be used by the prosecution
45
Good-Faith Exception
-An exception to the exclusionary rule
~Which bars the use of evidence obtained by a search warrant found to be invalid
-The exception allows use of evidence if the police relied in good faith on the search warrant, even though the warrant is subsequently held to be invalid
46
Standing
-The right to initiate a legal action or challenge based on the fact that one has suffered or is likely to suffer a real and substantial injury
47
Introduction
-Search
~Inspection, attempt to locate a person or object
-Seizure
~Action of police in taking possession or control of property or persons
-Warrant
~Authorization for a specific act
*Search or arrest
-Probable Cause
~Reasonable ground for believe in certain alleged facts
48
Fourth Amendment
-The American Bill of Rights provided description of unreasonable search and seizure
-Particularity requirement
-Over time, the law was expanded to state and local authorities
-Applicability
~Border searches and searches outside the US
~At home
~Abandoned properties
~Automobiles
49
Privacy Under the Fourth Amendment
-Reasonable expectation of privacy
~Katz v. US (1967)
-Wiretapping and electronic eavesdropping
~In the absence of probable cause or judicial authorization, court must decide whether the individual searched has a reasonable expectation of privacy
-Airport Security Procedures
~Reasonable because of the minimal invasiveness, the gravity of the safety interests involved and the reduced privacy expectations
50
Katz v. US (1967)
-The US Supreme Court held that persons who are telephoning in a public telephone booth have a reasonable expectation of privacy
~Katz was using a public enclosed telephone booth to run a gambling business. The police wiretapped the phone booth, and Katz was convicted with that evidence
~The court overturned the conviction due to the fact that the evidence had ben obtained illegally through wiretapping the telephone booth without prior judicial authorization
51
Privacy Under the Fourth Amendment
-Sobriety checkpoints
~Police may visually inspect the passenger compartment
~May not be put up for the purpose of detecting illegal drugs
-Jail and Prison Searches
~No reasonable expectation of privacy
-Strip Searchers
~Acceptable for inmates
~For visitors they are not, unless there is reasonable suspicion that the visitor carries contraband
52
California v. Greenwood (1988)
-The US Supreme Court held that trash put out on the sidewalk is public property and can be searched without a warrant
~The police obtained and searched the trash bag from Greenwoods house
~Greenwood was convicted of illicit use of cocaine and marijuana with evidence found in the trash. He argued that trash was private property
~The COurt disagreed, arguing that once trash is put on a public location it has no expectation of privacy
53
Consent Searches
-Searches based on Consent
~The act of a person voluntarily permitting the police to search a person or property
~Police do not have to inform persons that they are "free to go" before asking them to consent to a search of their automobile
~Implied Consent
*When a person summons the police to the home to investigate a crime
~Third-Party Consent
*Valid even if consent was given by someone who did not have the authority to do so
~Exigent circumstances
*Demand immediate action
54
Probable Cause
-A reasonable ground for belief in certain alleged facts
~Is not a precise definition and allows for discretion
-Is needed to obtain a search warrant
-Based on the totality of circumstances
~Circumstances considered in the aggregate as opposed to individually
-State courts may impose stricter standards
~Most do not
55
Search Warrants
-Police officer submits under oath an application for a search warrant to the judge
-Supporting affidavit
~Supports the search warrant
-Information must be precise
-Tips from police Informants
~Courts use totality of the circumstances when evaluating applications based on hearsay evidence
*Has been criticized as unreliable and an inadequate safeguard against unjustified police intrustions
56
Execution of Search Warrants
-Federal law states that a search warrant must be carried out within 10 days and only for the specified place or person
-Knock-and Announce Rule
~Federal and most states law require police officers to first knock and announce his presence before entering
~Officer may break down the door or window
~Violation of the rule does not require the suppression of all evidence
~Franks hearing
57
Exceptions to the Warrant Requirement
-Plain view doctrine
-Emergency Searches
-Preservation of evidence
-Search incident to a lawful arrest
-Hot pursuit
-Automobile stops and roadside searches of motor vehicles
58
Reasonable Suspicion Searches
-A police officer's belief based on all relevant circumstances that criminal activity is afoot
-Police can conduct a "sniff test" of a passanger's luggage at an airport without reasonable suspicion because it does not violate the reasonable expectation of privacy
-Visitors of jail and prisons may be strip searched upon reasonable suspicion
59
Strip Search of Arrestees
-In November 2003, 50-year-old Judith Haney participated in a public protest in Miami
-Haney, together with hundreds of other protesters, was arrested and strip searched
-All charges against Haney were dropped
-She filed a complaint
-Most courts have held that police and jail authorities do not have the right to strip-search every misdemeanant arrestee prior to arraignment.
~Authorities should have reasonable suspicion
-The Supreme Court has been silent on the issue
60
Exceptions to Probable Cause Requirement
-Stop and Frisk
~Suspect is temporarily detained and subjected to pat-down frisk
~Is not justified solely on the basis of an anonymous tip
-Drug courier profiles
-School searches
-Drug Testing
~Allowed for public officials, school athletes, and others
61
Drug Testing of Student Athletes
-At least three states allow for random drug testing of school and college athletes
~Texas, Illinois, and New Jersey
-One student in Texas, Taylor Hooton (17), committed suicide by hanging. His doctor suggested that Taylor was suffering from depression due to the discontinuance of anabolic steroids
-Some studies suggest drug testing does not reduce the use of drugs. Schools with and without drug testing had similar drug and alcohol consumption rates
-Studies also suggest that between 500,000 and 1 million high school students are using performance-enhanching drugs
62
Terry v. Ohio (1968)
-The US Supreme Court held that "where a reasonable prudent officer is warranted in the circumstances of a given case is believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous"
~Terry was searched on the street by police who found a pistol. Terry and his friends had behaved suspiciously, looking like they were getting ready to break into a store
~Terry argued that the search and seizure were a violation of the Fourth Amendment
63
Electronic Surveillance
-Certain technologies is allowed without a warrant
~Searchlight, field glasses, aerial photography, and other means of enhancing police's powers of observation
-US v. Smith (1992)
~Users of cordless phones have no reasonable expectation of privacy
-But, Congress provided nationwide protection against eavesdropping on cellular phones in 1994
-Pen Register is permissible
~Device that enables police to obtain numbers that have been dialed by use of a specific telephone instrument
-Infrared Thermal Imagers are not a Violation of the Fourth Amendment
~Find marijuana growers
-GPS tracking devices are not allowed
64
Federal Statutes and Electronic Surveillance
-Omnibus Crime Control and Safe Streets Act of 1968
~Prohibts interception of electronic communications without a court order unless one party to the conversation consents
-Wiretap order
-Trap-and-Trace devices
~Requires order by a judge
-E-mail and internet activities have no expectation of privacy
65
Text-Messages
-A jury in a Washington case convicted a man for drug dealing based on text messages
-A man was arrested for drug dealing. Shortly after, he received a text message soliciting drugs
-The police posed as the seller and arrested the solicitor
-The court argues that text messages have no expectation of privacy because they are in the public domain.
66
US v. Jones (2012)
-The US Supreme Court held that the warrantless use of a GPS device violates the Fourth Amendment
~Jones had been convicted of cocaine trafficking with evidence obtained via a warrantless GPA tracking device that was secretly installed on her car
67
USA PATRIOT Act
-Enhanced surveillance procedures
~Access internet communications
~Expands authority to use per registers
~Expands authority to use trap-and-trace surveillance
~Secret court and search warrants
-Criticism
~Impedes constitutional rights
~Violation of the First and Fourth Amendment
68
Exclusionary Rule
-Forbids the use of evidence in a criminal trial where the evidence was obtained in violation of the defendant's constitutional rights
-Weeks v. US (1914)
-Rule has been eroded in recent years
~Illegally obtained evidence can be used to get a grand jury indictment
~Good Faith Exception
*Allows the use of evidence if the police relied in good faith on the search warrant, even though the warrant is subsequently held invalid
69
Mapp v. Ohio (1961)
-The US Supreme Court held that evidence obtained in violation of the Fourth Amendment is not permissible in court
~Police had used force to enter Mapp's house without a warrant. They were looking for a bomb, but found sexually explicit material instead
~Mapp was convicted for possession obscene material
~The Court reversed the conviction
70
Herring v. US (2009)
-The US Supreme Court held that a negligent mistake in carrying out a search warrant does not necessarily result in the suppression of evidence
~Herring had been convicted of possession of a gun and drugs after police mistakenly carried out a search warrant based on false information
~The court upheld the conviction because there was no bad intent. The search was based on good faith
71
Fruit of a Poisonous Tree
-Evidence derived from other, illegally seized evidence cannot be used by the prosecution
-Includes testimony following the illegal search and seizure
-A suspect confesses after being confronted with evidence from an illegal search
~Both the evidence and the confession are not permissible in court
72
Arrest
-To take someone into custody or otherwise deprive that person of freedom of movement
73
Interrogation
-Questioning of a suspect by police or questioning of a witness by counsel
74
Identification Procedures
Scientific and nonscientific procedures employed by police to assist in the identification of suspects
75
Arrest Warrant
-A document issued by a magistrate or judge directing that a named person be taken into custody for allegedly having committed an offense
76
Capias
-"That you take"
-A general term for various court orders requiring that some named person be taken into custody
77
Warrantless Arrest
An arrest made by police who do not possess an arrest warrant
78
Plain View
-Readily visible to the naked eye
79
Citizen's Arrest
-An arrest made by a person who is not a law enforcement officer
80
Investigatory Detention
-Brief detention of a suspect by a police officer who has reasonable suspicion that criminal activity is afoot
81
Pat-Down Search
-A manual search by a police officer of the exterior of a suspect's outer garments
82
Terry Frisk
-An encounter between a police officer and a suspect during which the latter is temporarily detained and subjected to a pat-down search for weapons
83
Anonymous Tip
-Information given to the police by an unknown individual
84
Pretextual Stops
-An incident in which police stop a suspicious vehicle on the pretext of a motor vehicle infraction
85
Drug Courier Profiles
-Sets of characteristics that are believed to typify drug couriers
86
Racial Profiling
-Practice of singling out members of minority groups by law enforcement officers
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Roadblocks
-Barriers set up by police to stop motorists
88
Coerced Confession
-A confession or other incriminating statements obtained from a suspect by police through force, violence, threat, intimidation, or undue psychological pressure
89
Miranda Warnings
-Based on the Supreme Court's decision in Miranda v. AZ (1966), these warnings are given by police to individuals who are taken into custody before they are interrogated. The warnings inform persons in custody that they have the right to remain silent and to have a lawyer present during questioning and that anything they say can and will be used against them in a court of law
90
Derivating Evidence
-Evidence that is derived from or obtained only as a result of other evidence
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Independent Source Doctrine
-The doctrine that permits evidence to be admitted at trial as long as it was obtained independently from illegally obtained evidence
92
Inevitable Discovery Doctrine
-The doctrine that holds that evidence derived from inadmissible evidence is admissible if it inevitably would have been discovered independently by lawful means
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Public Safety Exception
-Exception to the requirement that police officers promptly inform suspects taken into custody of their rights to remain silent and have an attorney present during questioning
-Under the public safety exception, police may ask suspects questions motivated by a desire to protect public safety without jeopardizing the admissibility of suspect's answers to those questions or subsequent statements
94
Incriminating Statements
-Statements. typically made to police, that increase the likelihood that one will be found guilty of a crime
95
Waiver of Miranda Rights
-A known relinquishment of the right to remain silent and/or have counsel present during police interrogation
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Voluntariness of a Confession
-The quality of a confession having been freely given
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Police Deception
-Intentional deception by police in order to elicit incriminating statements from a suspect
98
Lineups
-Police indentification procedure where suspects are included in a group with other persons and the group is exhibited to victims
99
Showups
-Events in which victims are taken to see suspects to make an indentification
100
Photo Packs
-Collections of "mug shots" exhibited to a victim or witness in an attempt to identify the perpetrator of a crime
101
Forensic Evidence
-Evidence obtained through scientific techniques of analyzing physical evidence
102
Handwriting exemplar
-A sample of a suspect's handwriting
103
Voice Exemplar
-A sample of a person's voice, usually taken by police for the purpose of identifying a suspect
104
Introduction
-Arrest refers to the deprivation of someone's liberty
~Generally made by police officers
~Citizen arrest is possible also
~Constitutes a form of "seizure"
~Protected by the Fourth Amendment
-Interrogation
~Questioning of a subject
~Fifth Amendment
-Identification Procedures
105
The Warrant Requirements
-Prosecutor files an "information" to a judge who provides a "copias" ordering the arrest
-Police Provides information from victims, witnesses and informants
106
Warrantless Arrest
-For felonies, police can arrest a person if they observed the commission of the felony or have reason to believe that a person had committed or will commit a felony
-For misdemeanors, police must observe the commission of the crime to make a warrantless arrest
-Plain view
107
Petty Officer
-Minor crimes for which fines or short jail terms are the only prescribed modes of punishment
108
Criminal Procedure
-The rules of law governing the procedures by which crimes are investigated, prosecuted, adjudicated, and punished
109
Initial Appearance
-After arrest, the first appearance of the accused before a judge or magistrate, at which the charges against a defendant are read and the defendant is advised of his or her constitutional rights. Sometimes referred to as the “first appearance"
110
Preliminary Hearing
-A hearing held to determine whether there is sufficient evidence to hold an accused for trial
111
Grand Jury
- A group of citizens convened either to conduct an investigation or to determine whether there is sufficient evidence to warrant the prosecution of an accused
112
Arraignment
- An appear- ance before a court of law for the purpose of pleading to a criminal charge
113
Right to Counsel
-The right to retain an attorney to represent oneself in court.
-The right of an indigent person to have an attorney provided at public expense.
114
Indigency
-Poverty. In context, the inability to afford an attorney.
115
Actual Imprisonment Standard
- The standard governing the applicability of the federal constitutional right of an indigent person to have counsel appointed in a misdemeanor case. For the right to be violated, the indigent defendant must actually be sentenced to jail or prison after having been tried without appointed counsel
116
Critical Pretrial Stages
- Significant procedural steps that occur before a criminal trial. A defendant has the right to counsel at these critical stages.
117
Self-Representation
- Also known as a pro se defense, representing oneself in a criminal case
118
Citation
- A summons to appear in court, often used in traffic violations and other minor offenses.
119
Cite and Release Statutes
-Laws permitting or requiring police officers to issue citations instead of making arrests for traffic violations or other minor misdemeanors or infractions
120
Summary Trial
-A trial conducted by a trial court to determine guilt or innocence in minor misdemeanor cases where defendants plead not guilty
121
Pretrial Release
- Release of a defendant on bail or personal recognizance pending adjudication of criminal charges.
122
Release on Personal Recognizance
-Pretrial release of a defendant based solely on the defendant’s promise to appear for future court dates.
123
Surety Bound
-A sum of money or property that is posted or guaranteed by a party, usually an insurer, to ensure the future court appearance of another person.
124
Bail Bond
- Sum of money posted to ensure a defendant’s subsequent appearance in court.
125
Excessive Bail
-Where a court requires a defendant to post an unreasonably large amount or imposes unreasonable conditions as a prerequisite for a defendant to be released before trial. The Eighth Amendment to the U.S. Constitution prohibits courts from requiring “excessive bail.”
126
Federal Bail Reform Act of 1984
- An act that provides that a defendant charged with a federal crime may be denied bail if the pros- ecution can show that the defendant poses a threat to public safety.
127
Pretrial Detention
-Holding a defendant in jail pending trial.
128
Subpoenas
-Judicial orders to appear at a certain place and time to give testimony
129
Prosecutorial Discretion
-The leeway afforded to prosecutors in deciding whether or not to bring charges and to engage in plea bargaining.
130
Prosecutorial Immunity
- A prosecutor’s legal shield against civil suits stemming from his or her official actions.
131
Information
-A document filed by a prosecutor under oath charging one or more persons with commission of a crime.
132
Extradition
- The surrender of a person by one jurisdiction to another for the purpose of criminal prosecution
133
Jurisdictions
-The authority of a court to hear and decide certain categories of legal disputes. Jurisdiction relates to the authority of a court over the person, subject matter, and geographical area
134
Venue
- The location of a trial or hearing.
135
Change of Venue
- The removal of a legal proceeding, usually a trial, to a new location
136
Joinder of Offenses
- The uniting of different charges or counts alleged in an information or indictment into one case for trial.
137
Severance of the Charges
- Conducting multiple trials for multiple charges, as distinct from joinder, which refers to trying all charged offenses at once. Where two or more related offenses are charged in a single indictment or information, the trial judge often grants a severance of the charges on the motion of either the defense or the prosecution
138
Joinder and Severance of Parties
-The uniting or severing of two or more parties charged with a crime or crimes.
139
Redaction
-Editing out portions of a transcript in order to maintain secrecy of someone’s identity or other information.
140
Pretrial Motions
-Requests for rulings or orders before the commencement of a trial
141
Motion to Dismiss
- A formal request to a trial court to dismiss the criminal charges against the defendant
142
Suppression of Evidence
-Judicial rule forbidding the use of evidence in a criminal trial where the evidence was obtained in violation of the defendant’s constitutional rights. See exclusionary rule.
143
Dispositive Motion
- A motion made to a court where the ruling on the motion will determine the outcome of the case.
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