Chp. 7 Flashcards
(28 cards)
Fruit of the Poisonous Tree Doctrine
A legal principle that excludes from introduction at trail any evidence later developed as a result of an illegal search or seizures. (Silver throne case)
What is the Bill of Rights?
The first ten amendments to the US Constitution especially important in processing criminal defendants.
What is interrogation?
The information gathering activity of police officers that involves the direct questioning of suspects.
Probable Cause
A set of facts and circumstances that would induce a reasonably intelligent and prudent reason to believe that a particular person has committed a specific crime.
What is the abuse of police power.
Describes the legal environment surrounding police activities, from search and seizure through arrest and the interaction of suspects.
What is latent evidence?
Evidence of relevance to a criminal investigations that is not readily seen by the unaided eye.
Fourth Amendment
The right against unreasonable searches and seizure, the right against arrest without probable cause.
Exclusionary Rule
Incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trail.
What two cases made the exclusionary rule Binding on Federal Courts and States Courts
- Weeks Vs US
2. Mapp Vs Ohio
What is a Writ of Certiorari?
A writ issued from an appellate court for the purpose of obtaining from a lower court the record of it proceeding in a particular case.
Plain View Doctrine
A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying by the seizures of those objects.
What was the Warren Court for?
Charted a course that would guarantee nationwide recognition of individual rights, as it understood them, by agencies at all level of the criminal justice system.
Good faith exception to the exclusionary rule. (Case)
Law enforcement officers who conducted a search or who seize evidence on the basis of good faith and who later discovers a mistake may still provide evidence that can be used in court.
Court ruling in Chimel v. California
The search of Chimel residence, although incident to arrest was invalid when it went beyond the arrest and the area subject to their immediate control.
Miranda v. Arizona
His confession was unconstitutional because the entire aura and atmosphere of police interrogation with our rights and offering counsel subjugate the individual to the will of his examiner.
Miranda Warnings
- You have the right to remain silent
- Anything you say can be used against you in the court of law.
- You have the right to an attorney.
- If you can’t afford an attorney, one will be Appointed to you.
5 if you answer and questions with our your attorney you have the right to drop answering at any time.
The three main reasons for a emergent warrant less search?
They are clear danger to life, or escape, and of the removal or destruction of evidence.
Brown vs. Mississippi
There conviction was overturned because it was difficult to imagine techniques of interrogation more “revolting” to the sense of justice
What court case established Public Safety exception to Miranda
New York V. Quarles
When are searches permitted without probable cause?
- At the time of the search there was probable cause to believe that evidence was concealed on the person searched
- Probable cause to believe an emergency threat of destruction of evidence existed.
- The officer had no prior opportunity to obtain a warrant authorizing the search.
- The action was no grater than necessary to eliminate the threat of destruction of evidence.
The two prolonged test in Aguliar Vs. Texas
Informants information has to establish probable cause if the source is clear and police believe the information is reliable
Court ruling in Missouri v. Seibert
In order to use a post marandized confession, the police must give the defendant ample time to consider the effects of the mIranda warnings
Drug sniffing dog in Illinios v. Canalles
Authorizes police to walk a drug dog around the car during any legitimate traffic stop. If the fog smells the drugs the police has probable cause to conduct a search.
How is electronic evidence is gathered?
It is ace items when physical items are collected from a crime scene or obtained from a suspect.
