Chapter 6 - Police and the Constitution: The Rules of Law Enforcement

Question 1

searches and seizures

Answer 1

the legal term, as found in the fourth amendment to the U.S. Constitution, that generally refers to the searching for and the confiscating of evidence by law enforcement agents

Question 2

probable cause

Answer 2

reasonable grounds to believe the existence of facts warranting certain actions, such as the search of arrest of a person

Question 3

exclusionary rule

Answer 3

a rule under which any evidence that is obtained in violation of the accused’s rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court

Question 4

fruit of the poisoned tree

Answer 4

evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court

Question 5

“inevitable discovery” exception

Answer 5

the legal principle that illegally obtained evidence can be admissible in court if police using lawful means would have “inevitably” discovered it

Question 6

“good faith” exception

Answer 6

the legal principle that evidence obtained with the use of a technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant from a judge

Question 7

search

Answer 7

the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial

Question 8

search warrant

Answer 8

a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, palce, or property to obtain evidence

Question 9

affidavit

Answer 9

a written statement of facts, confirmed by the oath or affirmation of the party making it and made before a person having the authority to administer the oath or affirmation

Question 10

seizure

Answer 10

the forcible taking of a person or property in response to a violation of the law

Question 11

searches incidental to arrests

Answer 11

searches for weapons and evidence that are conducted on persons who have just been arrested

Question 12

consent searches

Answer 12

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

Question 13

plain view doctrine

Answer 13

the legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence

Question 14

electronic surveillance

Answer 14

the use of electronic equipment by law enforcement agents to record private conversations or observe conduct that is meant to be private

Question 15

stop

Answer 15

a brief detention of a person by law enforcement agents for questioning

Question 16

frisk

Answer 16

a pat-down or minimal search by police to discover weapons

Question 17

arrest

Answer 17

to take into custody a person suspected of criminal activity

Question 18

arrest warrant

Answer 18

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

Question 19

exigent circumstances

Answer 19

situations that require extralegal or exceptional actions by the police

Question 20

warrantless arrest

Answer 20

an arrest made without first seeking a warrant for the action

Question 21

iterrogation

Answer 21

the direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession

Question 22

coercion

Answer 22

the use of physical force or mental intimidation to compel a person to do something-such as confess to committing a crime - against his or her will

Question 23

Miranda rights

Answer 23

the constitutional rights of accused persons taken into custody by law enforcement officials, such as the right to remain silent and right to counsel

Question 24

custody

Answer 24

the forceful detention of a person, or the perception that person is not free to leave the immediate vicinity

Question 25

custodial interrogation

Answer 25

the questioning of a suspect after that person has been taken into custody. In this situation, the suspect must be read his or her Miranda rights before interrogation can begin