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