21-40 Flashcards
Detention for purpose of Investigation
Police may detain a person for investigation if they have reasonable suspicion that detainee has information of criminal activity.
Automobile stop
Police may not stop vehicle unless they have reasonable belief that a law was violated.
Arrest
Person taken into custody and is not free to leave.
Arrest Warrant
Warrant issued by neutral and detached magistrate with probable cause to arrest and take person into custody.
Exceptions to Exclusionary Rule
1) Grand Juries 2) Impeachment purposes 3) Violation of internal agency rules 4) Civil proceedings 5) Good faith reliance 6) Harmless error
Free will of Defendant
Defendant who gives evidence out of own free will, not motivated by illegal act, will be admissible.
Independent Source
Evidence obtained from independent source, and is not related to illegal act, is admissible.
Warrantless Arrest
Arrest made without warrant.
Exclusionary Rule
Evidence obtained illegally is not admissible at trial.
Fruit of Poisonous Tree
Evidence obtained by improper conduct is not admissible at trial.
Inevitable Discovery
Evidence that would have been discovered without an illegal act is admissible.
Purged Taint
Allowing evidence and upholding a conviction even where tainted evidence was presented under certain circumstances.
Fifth Amendment
People can not be compelled by the government to make statements that may tend to incriminate themselves.
Defendants Refusal Testify
If defendant is granted immunity he cannot raise privilege against self incrimination because immunity prevents testimony from self incrimination.
Confession
A criminal suspect’s oral or written acknowledgement of guilt.
