Chpt 2 Flashcards
(16 cards)
Substantive Criminal Law
Legal requirements or laws that must be met to determine if a crime has been committed and if suspect is guilty or innocent
Criminal Procedure law aka case laws
Laws governing proper procedures for investgators in arrest, search, and seizure
Corpus Deletci
A body of crime investigators must prove a crime has been committed
Actus Fetus
The act of requirement performing the act or falling to act when required to do so
Men’s Rea
Suspects mental state during the act of strict liability for traffic offenses
TACS stand for
Title, Article, Chapter, Section
Probable cause
a reasonable belief that a crime has been committed or that evidence of a crime is present, based on facts and circumstances.
Reasonable suspicion
refers to something that makes sense based on logic, facts, and common sense. It means fair and appropriate under the circumstances. In law
4th amendment bar
Protects people from unreasonable search and seizure without a warrant
Exclusionary rule
Any evidence gathered as a result of an illegal search, even at a time later than the illegal search itself, will be excluded from evidence.
Fruits of poison tree Requirements
Any evidence gathered as a result of an illegal search, even at a time later than the illegal search itself, will be excluded from evidence.
Requirements for a warrant according to the 4th amendment
Plain view, search incident to arrest, voluntary consent, motor vehicle consent
How long is a warrant valid in indiana
10 days
Specific categories of extingent circumstances
Emergency situations requiring immediate actions, reasonable and necessary, no time for the warrant process, imminent threat or death
Carroll doctrine
a vehicle could be searched without a search warrant if there was probable cause to believe that vehicle evidence.
Plain View doctrine
- a person generally goes not have a legitimate expectation of privacy in contraband left in the open which is viewed by an officer from a lawful vintage point.
