Criminal Procedure Flashcards
What are Exigent Circumstances?
Emergency situations that justify warrantless entry, search, or arrest.
What is the Fruit of the Poisonous Tree Doctrine?
Extends the exclusionary rule to evidence derived from an initial illegal search or seizure.
What is Habeas Corpus?
A writ that commands a custodian holding someone in custody to produce the person before the court and to justify the detention.
What is Hot Pursuit?
An exigent circumstance that allows police to enter a private dwelling without a warrant when in pursuit of a fleeing suspect.
What are Miranda Rights?
The rights a person must be informed of prior to custodial interrogation, including the right to remain silent and the right to an attorney.
What is the Plain View Doctrine?
An exception to the warrant requirement that allows law enforcement officers to seize items in plain view if they are lawfully in a position to view the items and the incriminating nature of the items is immediately apparent.
What is Probable Cause?
A reasonable belief, based on facts and circumstances, that a crime has been committed and that the person or place to be searched is connected with the crime.
Define Reasonable Expectation of Privacy.
The standard used to determine whether a government intrusion constitutes a search under the Fourth Amendment. It has both a subjective component (the individual must have a belief in their privacy) and an objective component (society must recognize that belief as reasonable).
What is Reasonable Suspicion?
A lower standard than probable cause, requiring specific and articulable facts that, taken together with rational inferences, would warrant a reasonably prudent person in believing that criminal activity is afoot. It is the standard required for a Terry stop.
Define a Search:
A governmental intrusion upon a person’s reasonable expectation of privacy or a physical intrusion upon a constitutionally protected area for the purpose of obtaining information.
What constitutes a Seizure?
A governmental termination of freedom of movement through means intentionally applied. In the context of property, it is a meaningful interference with an individual’s possessory interests.
What is a Stop and Frisk (Terry Stop)?
A brief, temporary seizure for investigative purposes (stop) accompanied by a pat-down of the outer clothing for weapons if the officer has reasonable suspicion the person is armed and dangerous (frisk).
