Constitutional Protections Flashcards
Criminal process can be initiated by both _ and _ prosecutors
State
Fed
Bill of rights initially only restricted powers of federal gov and was not considered to have applications to
Criminal prosecutions in state courts
Over the past fifty years, theee has been a process of _
Selective incorporation
Rights guaranteed to defendants in federal criminal prosecutions have been
(Selective incorporation)
Selectively incorporated into state prosecutions
Today, virtually all rights in bill of rights also apply to
State criminal prosecutions
_ would not be a violation of unreasonable search and seizure
Police Patting down person walking with a bulge that may be gun
If there is a description that matches you on the radio
Police can stop you and ask where you have been
If you match description, police can also ask you where you are going and for
ID
If police is still not satisfied with your answers to description, he can take you _
To scene of crime
If witnesses identify you at scene of crime, then
You will be arrested
Police cannot stop or detain someone walking down the street for simply looking _
Suspicious
In certain emergency circumstances, police can _
Search home no warrant
Search home without warrant if it is necessary in order to
Arrest person whom they believe committed a crime
Home search without warrant only permitted if it is to prevent
Destruction of evidence
Warrants are issued by a judge or _
Magistrate
