chapter 8 Flashcards
miranda warning
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
arrest
occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense
arrest warrant
an order, issued by a judge, directing officers to arrest a particular individual
booking
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
bus sweep
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
curtilage
grounds or fields attached to a house
exclusionary rule
the principle that prohibits using illegally obtained evidence in a trial
exigent circumstances
emergency or urgent circumstances
fruit of the poisonous tree
secondary evidence obtained from a search that violates the exclusionary rule
good faith exception
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
hot pursuit
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
in-presence requirement
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
inevitable discovery rule
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
lineup
placing a suspect in a group for the purpose of being viewed and identified by a witness
open field
any unoccupied or undeveloped real property outside the curtilage of a home
particularity
the requirement that a search warrant state precisely where the search is to take place and what items are to be seized
plain view doctrine
the principle that evidence in plain view of police officers may be seized without a search warrant
probable cause
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
probably cause hearing
if a person is subjected to a warrantless arrest, a hearing is held to determine whether probable cause exists that he committed the crime
public safety doctrine
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
search
a government actor’s infringement on a person’s reasonable expectation of privacy
search incident to a lawful arrest
an exception to the search warrant rule, limited to the immediate surrounding area
search warrant
an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects
stop and frisk
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
