Crim Pro Flashcards
Fourth Amendment
Prohibits unreasonable search and seizure
Fifth Amendment
Prohibits double jeopardy
Privilege against compulsory self-incrimination
Sixth Amendment
Right to jury trial
Right to speedy trial
Right to counsel
Right to confront witnesses
Eighth Amendment
Prohibits cruel and unusual punishment
What is a seizure?
Any exercise of control by a government agent over a person or thing.
What is probable cause?
Reasonably prudent person would believe that a suspect has committed a crime.
When can police conduct a Terry Stop?
When they have reasonable suspicion supported by articulable facts of criminal activity.
When can police stop a vehicle?
When they have reasonable suspicion that the law has been violated?
Core requirements for a warrant?
A search warrant requires probable cause and particularity.
What is a search incident to arrest?
A search for which no warrant is required which is limited in scope and contemporaneous with a lawful arrest.
What is the automobile exception?
If the police have probable cause prior to a search, the police can search the entire car. (This includes the trunk)
What is the plain view exception?
Where an officer is legitimately present and sees an item in plain view and it is immediately apparent that the item is contraband/fruit of a crime.
What is the consent exception?
For consent to be valid, the consent must be voluntary.
When must miranda rights be read?
Prior to custodial interrogation.
