Chapter 6- Police and the Constitution: The Rules of Law Enforcement Flashcards
A written statement of facts comfirmed by oath or affirmation of the party making it and made before a person having the authority to adminster the oath or affirmation
Affidavit
To take into custody a person suspected of criminal activity
Arrest
A written order, based on probable cause and issued by a Judge or magistrate, commanding that the person named on the warrant be arrested by the police
Arrest Warrant
The use of physical force or mental intimidation to compel a person to do something-such as confess to committing a crime-against his/her will
Coersion
Searches by police that are made after the subject of the search has agreed to the action. In these situations, consent if given of free will, validates a warrantless search
Consent Searches
The questioning of a suspect after that person has been taken into custody. In this situation, the suspect must be read his/her Miranda rights before interrogation can begin.`
Custodial Interrogation
The foreful detention of a person, or the perception that a person is not free to leave the immediate vicinity
Custody
The use of electronic equipment by law enforcement agents to record private converstations or observe conduct that is meant to be private.
Electronic Surveillance
A rule under which any evidence that is obtained in violation of the accused rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.
Exclusionary Rule
Situations that require extralegal or exceptional actions by the police
Exigent Circumstances
A pat-down or minimal search by police to discover weapons
Frisk
Evidence that is acquired throught he use of illegally obtained evidence and is therefore inadmissible in court
Fruit of the Poisoned Tree
The legal pricipal that evidence obatined with the use of technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant from the Judge.
“Good Faith” Exception
The legal principal that illegally obtained evidence can be admissible in court if police using lawful means would have inevitabley discovered it
“Inevitable Discovery” Exception
The direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession.
Interrogation
The constitutional rights of accused persons taken into custody by law enforcement officials. such as the right to remain silent and the right to counsel.
Miranda Rights
The legal pricinpal that objects in plain view of a law enformement agent who has the right to be in a position tohave that view may be sized without a warrant and introduced as evidence
Plain View Doctrine
Reasonable grounds to believe the existance of facts warrainting certain actions, such as the search or arrest of a person.
Probable Cause
The process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial
Search
A written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigastors search a specific person, place or property to obtain evidence.
Search Warrant
The legal term as found in the fourth ammendment to the US Consititution, that generally referes to the searching for and the confiscating of evidence by law enforment agents.
Search and Seizures
Searches for weapons and evidence that are conducted on persons who have just been arrested.
Searches Incidental to Arrests
The forcible taking of a person or property in response to a violation of the law
Seizure
A brief detention of a person by law enforcement agents for questioning
Stop
An arrest made without first seeking a warrant for the action
Warrantless Arrest
The Fourth Amendment has beein interpreted to require _______________ that is a crime has been or will be committed before a search warrant can be issued.
Probable Cause
Judges rely on the ________ rule to keep evidence that has been improperly obtained by the police out of criminal courts.
Exclusionary
A search is a government intrusion on the _____ of an individual.
Privacy
Law enforment agents do not need a judge’s prior approval to conduct a search if the subject of the search gives her or his ______.
Consent
A police officer can “stop” a suspect if the officer has a ________ suspicion that a criminal act is taking place or is about to take place.
Reasonable
Following a stop, a police officer may _____ the suspect for weapons as a pretective measure.
Frisk
An arrest occurs when a law enforcement officer takes a suspect into _____ on a criminal charge
Custody
If a police officer has prior knowledge of a suspect’s criminal activity, he or she must obtain a ____ from a judge or magistrate before arresting the suspect.
Warrant
In most cases, Miranda warning must be read to a suspect _________ a custodial interrogation takes place.
Before
A suspect can _____ his/her Miranda rights, but this must be done “knowingly and intentionally”.
Waive
