2014- MBE CRIMINAL PROCEDURE Flashcards
Conviser Outline
1
Q
Search
A
A governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy.
2
Q
Seizure
A
Exercise of control by the government over a person or thing.
Seizure occurs only when, under the totality of the circumstances, a reasonable person would feel that he was not free to decline the officers requests or otherwise terminate the encounter.
Requires a physical application of force by the officer or a submission to the officer’s show of force.
3
Q
Arrest
A
When the police take a person into custody against her will for purposes of criminal prosecution or interrogation.
Police must have probable cause to arrest.
