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Flashcards in Criminal Procedure Deck (20):
1

Fourth Amendment

prohibition against unreasonable search and seizure

2

Fifth Amendment

1. Privilege against compulsory self-incrimination
2. Prohibition against double jeopardy

3

Eighth Amendment

prohibition against cruel and unusual punishment

4

Exclusionary Rule

someone who has been the victim of an illegal search or a coerced confession can have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution.

5

Fruit of the Poisonous Tree Doctrine

The doctrine will not only exclude illegally seized evidence, but will also exclude all evidence obtained or derived from police illegality.

6

3 ways the government can break the chain of unlawful police action & piece of evidence

1. independent source
2. Inevitable discovery
3. Intervening acts of free will

7

Harmless Error Test

A conviction will be upheld if the conviction would have been resulted despite the improper evidence.

8

Requirements for a Valid Search Warrant

1. probable cause and
2. particularity

9

Probable Cause

A fair probability that contraband or evidence of a crime will be found in the area searched.

10

Particularity

The warrant must state with particularity the place to be searched and the things to be seized.

11

Exceptions to Warrant Requirement

1. Search Incident to Arrest
2. Automobile Exception
3. Plain View
4. Consent
5. Stop and Frisk
6. Evanescent Evidence, Hot Pursuit & special needs

12

Search Incident to Arrest

Exception to Warrant
1. Arrest must be lawful
2. The arrest and search must be contemporaneous in time & place

13

Search Incident to Arrest & Automobiles

The police may search the interior of the auto incident to arrest ONLY if:
1. the arrestee is unsecured and still may gain access to the interior of the vehicle; or
2. the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.

14

Community Care Taker Rule

Justifies a warrantless search if an officer faces an emergency that threatens the health or safety of an individual or the public.

15

Plain View Doctrine

1. Police must be legitimately present at the location where he or she does the viewing of the item seized.
2. it must be immediately apparent that the item is contraband or fruit of a crime.

16

Consent

For Consent to be valid, the consent must be voluntary and intelligent.

17

Terry Stop

A brief detention for the purpose of investigating suspicious conduct.

18

Terry Frisk

a pat down of the outer clothing and body to check for weapons.

19

Evanescent evidence

evidence that might disappear quickly if the police took the time to get a warrant.

20

Independent Source

A witness may make an in court identification despite the existence of an illegal lineup if the in-court identification has an independent source.