Chapter 6 - Police and the Constitution: The Rules of Law Enforcement Flashcards
searches and seizures
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
probable cause
reasonable grounds to believe the existence of facts warranting certain actions, such as the search of arrest of a person
exclusionary rule
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
fruit of the poisoned tree
evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court
“inevitable discovery” exception
the legal principle that illegally obtained evidence can be admissible in court if police using lawful means would have “inevitably” discovered it
“good faith” exception
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
search
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 warrant
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
affidavit
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
seizure
the forcible taking of a person or property in response to a violation of the law
searches incidental to arrests
searches for weapons and evidence that are conducted on persons who have just been arrested
consent searches
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
plain view doctrine
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
electronic surveillance
the use of electronic equipment by law enforcement agents to record private conversations or observe conduct that is meant to be private
stop
a brief detention of a person by law enforcement agents for questioning
frisk
a pat-down or minimal search by police to discover weapons
arrest
to take into custody a person suspected of criminal activity
arrest warrant
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
exigent circumstances
situations that require extralegal or exceptional actions by the police
warrantless arrest
an arrest made without first seeking a warrant for the action
iterrogation
the direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession
coercion
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
Miranda rights
the constitutional rights of accused persons taken into custody by law enforcement officials, such as the right to remain silent and right to counsel
custody
the forceful detention of a person, or the perception that person is not free to leave the immediate vicinity
custodial interrogation
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
