chapter 8

Question 1

miranda warning

Answer 1

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

Question 2

arrest

Answer 2

occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense

Question 3

arrest warrant

Answer 3

an order, issued by a judge, directing officers to arrest a particular individual

Question 4

booking

Answer 4

the administrative record of an arrest, listing the offender’s name, address, physical description, date of birth, and employer, time of arrest, offense, and name of arresting officer; it also includes photographing and fingerprinting of the offender

Question 5

bus sweep

Answer 5

police investigation 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

Question 6

curtilage

Answer 6

grounds or fields attached to a house

Question 7

exclusionary rule

Answer 7

the principle that prohibits using illegally obtained evidence in a trial

Question 8

exigent circumstances

Answer 8

emergency or urgent circumstances

Question 9

fruit of the poisonous tree

Answer 9

secondary evidence obtained from a search that violates the exclusionary rule

Question 10

good faith exception

Answer 10

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

Question 11

hot pursuit

Answer 11

a legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator

Question 12

in-presence requirement

Answer 12

a police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. to make an arrest for acrime the officer did not witness, an arrest warrant must be obtained

Question 13

inevitable discovery rule

Answer 13

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

Question 14

lineup

Answer 14

placing a suspect in a group for the purpose of being viewed and identified by a witness

Question 15

open field

Answer 15

any unoccupied or undeveloped real property outside the curtilage of a home

Question 16

particularity

Answer 16

the requirement that a search warrant state precisely where the search is to take place and what items are to be seized

Question 17

plain view doctrine

Answer 17

the principle that evidence in plain view of police officers may be seized without a search warrant

Question 18

probable cause

Answer 18

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

Question 19

probably cause hearing

Answer 19

if a person is subjected to a warrantless arrest, a hearing is held to determine whether probable cause exists that he committed the crime

Question 20

public safety doctrine

Answer 20

the principlethat a suspect can be questioned in the field without a miranda warning if the information the police seek is needed to protect public safety

Question 21

search

Answer 21

a government actor’s infringement on a person’s reasonable expectation of privacy

Question 22

search incident to a lawful arrest

Answer 22

an exception to the search warrant rule, limited to the immediate surrounding area

Question 23

search warrant

Answer 23

an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects

Question 24

stop and frisk

Answer 24

the situation in which police officers who are suspicious of an individual 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