Chapter-2 Flashcards
What is the difference between arrest in detention?
Temporary and limited interference with the freedom of a person for investigative purposes example Street stop
What is the benefits to a police officer in the case if an arrest is made under the authority of a warrant
Provides legality of arrest so no chance of a false arrest, provides independent evaluation of evidence
Is a John Doe arrest warrant valid under any circumstances explain?
Yes, in cases that have a DNA evidence, prosecutors are getting indictments against John or Jane does based on their DNA profiles.
Define and describe probable cause.
Probable cause more than a suspicion but less than actual knowledge 51% sure more likely than not.
A written statement of the information on to the officer that serves as the basis for the issuance of the warrant what is it
Affidavit
Under what circumstances can a search be conducted without a search warrant?
Search incident to arrest
What case Has to do with stops and frisks?
Carrie versus Ohio
What is the silver platter doctrine question as it followed question
Private individual, not a state actor, can collect evidence without a warrant. A federal court could introduce illegally or improperly state seized evidence, as long as federal officers had played at no role in obtaining it. The doctrine was declared unconstitutional in 1960 Elkins verse United States
Under what circumstances me a search be conducted without a search warrant?
Consent, and sent to arrest, motor vehicle, exigency, Plainview.
What is the exclusionary rule in the expectations?
A law that prohibits the use of illegal obtained evidence in a criminal trial. In evitable discovery in good faith
During an ongoing criminal investigation, what factors must occur investigator consider and deciding whether to make an arrest and when to make it?
Is there a probable cause
What is the fourth amendment?
Cannot search without a warrant
