Chapter 2 - Rules of Evidence and Arrest Flashcards
No evidence is admissible in a court of law unless it is _______.
relevant
_______ is the connection between a fact offered in evidence and the issue to be proved.
relevance
Evidence must be ________.
material
The issuance of a warrant makes a search reasonable by placing an _______ ______ ____ - a magistrate or judge_ in the process.
unbiased third party
_________ _________ exists when enough facts leas a reasonable and prudent person to believe that criminal activity is fairly probable.
probable cause
The application for a search warrant must be supported by _____ or _________ as required by the fourth amendment.
oath or affirmation
What are the exceptions to the warrant requirement for a search?
consent, stop and frisk, plain view, incident to arrest, motor vehicle, open fields, exigent circumstances
The courts typically justify consent searches by the voluntariness test: the consent was obtained without _______ or ________ and was therefore reasonable.
coercion or promises
_________ ______ is belief that criminal activity is occurring , is about to occur, or has recently occurred and that the person or vehicle to be detained is related to that criminal activity.
reasonable suspicion
A lawful search under the motor vehicle exception requires the existence of probable cause to believe that the vehicle contains _______ ____ ____ _____, or _________, and that the searching officers have lawful asset to the vehcile.
evidence of a crime or contraband
Motor Vehicle Exception
Locked containers, such as vehicle trunks and suitcases , may also be searched without a warrant, provided _______ ________ exists relating to these locked containers.
probable cause
The ________ _______ is not a search, but rather a routine administrative cuts toddle procedure.
inventory procedure
The _________ _________ is applied when investigators violate a person’s constitutional rights by conducting an unlawful search and seizure.
exclusionary rule
This is the method the courts use to uphold the fourth amendment and to control the investigators action and prevent illegal obtained evidence.
the exclusionary rule
What is the extension of the exclusionary rule?
fruit of the poisonous tree
Typically police encounters fall within three categories?
voluntary/consensual, investigative detention/stop and frisk, arrest
Arrest warrants are necessary when a person to be arrested is ________ or his or her ______ __ ____ ______ at the time.
unavailable, identity is not known
A broadcast alarm detailing a want is most effective when it is _____ ______.
sent promptly
Broadcast Alarm
Although a brief description of the crime is included, the major content usually is limited to describing _______, _________, and _________.
persons, vehicles and weapons
A suspect’s height and weight are usually reported in blocks or ranges: upward from 5 feet in ____-inch intervals and from 100 pounds in ___-pound intervals.
3, 20
The objective of broadcasting facts as soon as they are available is to provide the searching police with enough identification to ____ ____ ____ ______ ____ __ ______ ____ ______ _______ that the person or vehicle being stupid is the subject of the alarm.
pick out the fleeing person or vehicle with some certainty
The basic content of a wanted notice is a _____ __ _____ of the fugitive, his or her ________, and an __________ _________ _________
photograph or sketch, fingerprints, extensive personal description
Ideally, color photography and printing should be used in wanted notices because they offer a ________ _______ of the wanted person.
lifelike image
The _______ ________ of a fugitive in the wanted notice is a major point of identification.
fingerprint classification
It is the ____________ and ________ of __________ that guarantee against the apprehension of the wrong person.
classification and comparison of fingerprints
Traditionally, a wanted notice has always been aimed solely at locating and apprehending the fugitive. It now has an additional purpose: to ________, to __________ and to __________ _________ at the time of arrest.
discover, collect, preserve evidence
The _______ ________ prevents the tainting of evidence.
search warrant
The ______ _______ is no more than a summary of the package contents.
case synopsis
The first major area of case evaluation is the ________ _______ of a real-life _______ ________ - the classic “ _______ __ ____ _______”
affirmative evidence, corpus delicti, the body of the crime
The second major area of case preparation concerns ________ _________ and is oriented to countering defenses to the crime charged.
negative evidence
The third major area of case preparation concerns ________ _______ in the securing of __________
procedural foundations, evidence
An investigation is successful when the crime under investigation is promptly ________ and the _____ ______
solved, case closed
In pursuing the truth - the ______ ________ ___ ____ ___________ - investigators must view all aspects of the case, particularly information pointing to the innocence of the accused person.
main objective of the investigation
An investigation is a search for truth in which all possible information in a post fact inquiry is _______ ___, __________ and _________.
searched for, collected and analyzed
