Flashcards in Test 2 Deck (12):
What amendment was criminal procedure given in?
Fourth Amendment; states that the government cannot be intrusive without probable cause or a search warrant
What is "Warren Court"?
The due process revolution
What is the importance of the Mapp vs. Ohio case?
Stated that evidence obtained against the constitution is inadmissible and not able to be used in court of law
What is the importance of the Terry vs. Ohio case?
Stated that frisks and reasonable suspicion are okay
What does it mean to be frisked?
To be patted down of outer clothing based on reasonable suspicion
What is the importance of the US vs. Leon case?
Stated that there is a good faith exception; allows evidence in reasonable, good faith reliance on search warrants
What does it mean to have a warrantless search?
Constitutional when probable cause to search exists and government satisfies its burden of demonstrating circumstances of situation
What are the reasons when a warrantless search is allowed?
Incident to arrest, voluntary consent, plain view, automobile searches, frisks, abandoned property, or exigent circumstances (if evidence may be destroyed or removed if they wait for warrant, or public safety concerns)
What is the Carroll Doctrine?
That automobiles may be searched if there is probable cause (without consent)
What is the importance of the Miranda vs. Arizona case?
Gave Miranda rights; custody and interrogation
What are our Miranda rights?
Right to remain silent; statements may be used in court; right to an attorney or one will be appointed to you; these go throughout questioning; you can waive your right to answer questions