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.
Miranda Warning
Prior to custodial interrogation, police must inform person of their rights: 1) Right to remain silent 2) Anything he says will be used against him in a court of law 3) Right to an attorney 4) If he cannot afford and attorney one will be appointed to him by a court of law
Custodial Interrogation
Questioning of a detained person by the police in connection with a criminal investigation.
Admissability of Confession
A confession is admissible if it is reliable and obtained by proper means.
New Confession subsequent to Invalid Confession
If a confession is made while in custody, prior to Miranda, then subsequent connfession after Miranda is not admissible.
Double Jeopardy
An individual is not subject to trial more than once for same offense.
