[CJ] Chapter 6: Search and Seizure (Bolded) Flashcards
Search Warrant
A legal document, issued by a judge, that authorized a police officer to search a particular place or person.
Probable Cause
This term is the legal standard for what a police officer needs to prove to acquire a search warrant. It is a tricky term to define, but it essentially means that the police officer has enough evidence to reasonably believe that the person they are requesting a warrant for has committed or is in the process of committing a crime. This has to be more than a hunch, or a suspicion.
Totality of the Circumstances
Consideration of ALL of the factors at play in a case.
Search Incident to a Lawful Arrest (SILA)
In exception to the search warrant requirement where a police officer may search the person and areas they might reach to during a lawful arrest.
Plain View
An exception to the search warrant requirement where a police officer who is legally allowed on the premise may seize illegal contraband if it is in plain view.
Consent
An exception to the search warrant requirement where a police officer searches in area after its owner gives them consent too.
Hot Pursuit
An exception to the search warrant requirement where a police officer may enter a private dwelling or building if they are in hot pursuit of a fleeting suspect.
Emergency
And exception to the search warrant requirement where police officer Where police officer may enter private dwelling or building in case of a serious emergency. This exception cannot be motivated by an intent to search and seize evidence.
Exclusionary Rule
A doctrine in criminal court that allows for evidence that was obtained illegally to be suppressed.