Chapter6 Flashcards
Search
Government officials’ for examination of and hunt for evidence on a person or in a place in a manner that includes on reasonable expectations of privacy
Reasonable expectation of privacy
The objective standard developed by courts for determining whether a government intrusion into an individual’s person or property constitutes a search because it interferes with the individual’s interests that are normally protected from Government examination
Plain view doctrine
Officers may examine and use as evidence without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be
Siezures
Situations in which Police Officers use their authority to deprive people of their liberty or property and that must not be “unreasonable” according to the Fourth amendment
Stop
Government Officials’ interference with an individual’s freedom of movement for a duration of that typically lasts less than one hour and only rarely extends as long as several hours
Reasonable suspicion
A police officer’s belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy
Tennessee V. Garner (1985)
Deadly force may not be used against an unarmed fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a threat of death or serious injury to the officers or others.
Probable cause
Reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.
Affiavit
Written Statement of fact, supported by oath or affirmation, submitted to Judicial officers to fulfill the requirements of probable cause for obtaining a warrant
Totality of circumstance
Flexible test established by the Supreme court for identifying whether probable cause exists that permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant
Stop and frisk search
Limited search approved by the Supreme Court in Terry v. Ohio, which permits police officers to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activities.
Exigent circumstances
When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects, without obtaining a warrant or following other usual rules of criminal procedures.
Consent search
A permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place.
Miranda v. Arizona
US Supreme court decision declaring that suspects in custody must be informed of their rights to remain silent and to be represented during questioning
Public Safety exception
Exception to Miranda Requirements that permits police to immediately question the a suspect in custody without providing any warnings, if public safety would be jeopardized by their taking to time to supply the warnings.
