Chapter 12: Criminal Justice Process: The Investigation

Question 1

4th amend

Answer 1

protects against unreasonable search and seizure

Question 2

arrest warrant

Answer 2

court order to bring someone into custody

Question 3

warrants

Answer 3

• can be arrested w/ or w/o a warrant

* need probable cause

Question 4

probable cause

Answer 4

• reason to believe someone committed a crime
• no exact formula
• must be more than a hunch or a suspicion

Question 5

deadly force

Answer 5

• may use as much force as is reasonably necessay to make an arrest
• limit use of deadly force yo incidents involving dangerous or threatening suspects
• if officer used too much force or makes unlawful arrest, accused my bring a civil action

Question 6

US supreme court ruling of deadly force

Answer 6

• necessay to prevent escape
• officer has probable cause to believe the suspect poses a significant threat od death or serious harm to the officer or others

Question 7

evidence

Answer 7

• dont have absolute right to privacy
• searches can happen w/ or w/o a warrant
• court decides if something was illegally obtained

Question 8

exculsionary rule

Answer 8

if court finds that the search was unreasonable, then evidence found in the search cant be used at the trial against the defendant

Question 9

searched w/ warrant

Answer 9

• affidavit
• must be conducted w/in set # of days
• must be conducted in daytime unless otherwise specified
• must knock and announce before entering
• only certain areas may be searched

Question 10

affidavit

Answer 10

• sworn statement of facts and circumstances
• must be filed by police and given to judge
• judge must approve to give out search warrant

Question 11

searches w/o warrant

Answer 11

• stop and frisk
• vehicle searches
• hot pursuit

Question 12

stop and frisk

Answer 12

• reasonably believes person is acting suspiciously and is likely to be armed
• “plain feel”

Question 13

vehicle searches

Answer 13

• probable cause to belive that a vehicle contains contraband
• 1997 supreme court ruled that officers can order you out of the car

Question 14

hot pursuit

Answer 14

• if chasing suspect, can follow into a buding

* “plain view” applies

Question 15

interrogation

Answer 15

• 5th & 6th amends

* should answer: name, address, birth date, social security #

Question 16

5th amend

Answer 16

protection from self-incrimination, right to remain silent

Question 17

6th amend

Answer 17

right to an attorney

Question 18

miranda rights

Answer 18

• mid 60’s
• summary of 5th and 6th amends
• anything said before rights are read cant be used in court
• anything you say willingly can be used against you