Chapter 8 Flashcards
Grounds or fields attached to a house.
What is curtilage?
The principle that evidence may be used in a criminal trial even though the search warrant used to obtain it was technically faulty, as long as the police acted in good faith when they sought the warrant from a judge.
Good faith exception
The requirement that a search warrant state precisely where the search is to take place and what items are to be seized.
Particularity
The principle that evidence in plain view of police officers may be seized without a search warrant.
Plain view doctrine
Emergency or urgent circumstances
Exigent Circumstances
The administrative record of an arrest, listing the offender’s name, address, physical description, date of birth, employer, time of arrest, offense, and name of arresting officer; it also includes photographing and fingerprinting of the offender.
Booking
The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant: a set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense.
Probable Cause
Occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense.
What is arrest?
The requirement that when a person is custodially interrogated, police inform the individual of the right to remain silent, the consequences of failing to remain silent, and the constitutional right to counsel.
Miranda Warning
Placing a suspect in a group for the purpose of being viewed and identified by a witness.
Lineup
An exception to the search warrant rule, limited to the immediate surrounding area.
Search incident to a lawful arrest
Police investigations technique in which officers board a bus or train without suspicion of illegal activity and question passengers, asking for identification and seeking permission to search their baggage.
Bus Sweep
The principle that evidence can be used in court even though the information that led to its discovery was obtained in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means or sources.
Inevitable discovery rule
The principle that prohibits using illegally obtained evidence in a trial.
Exclusionary rule
The situation in which police officers who are suspicious of an indivdual run their hands lightly over the suspect’s outer garments to determine whether the person is carrying a concealed weapon; also called a threshold inquiry or pat-down.
Stop and Frisk
