Criminal Procedure Investigation Flashcards
Fourth Amendment
Protection against unreasonable search and seizure
The Warrant requirement which mandates probable cause
Subsequently, exceptions to the warrant requirement
The fourth amendment only limits
Government Authority
When does 4th amendment apply?
US v Katz - When the defendant has a reasonable expectation of privacy. 2 parts - honest (subjective) and reasonable - objective.
When police use ____ “not in general public use” to gain information that would have been otherwise unknowable, this constitutes a search that typically requires a warrant.
Technology
refers to the level of certainty that is needed for the government to take action.
Standard of Proof
Is the standard of proof required for criminal conviction.
Beyond a reasonable doubt
“more likely than not’’ and is used to determine outcomes in civil trials.
Preponderance of the Evidence
More on the low end, and require more than a “hunch” but instead some articulable basis of suspicion based on facts and reasonable inference
Reasonable suspicion
What is Probable cause?
when law enforcement has enough evidence to believe a crime has been or is being committed, before they can arrest someone.
Standards of proof Ranked
Beyond a reasonable doubt - near 100% certainty - needed for criminal convictions
Preponderance of the Evidence - more likely than not, 51% - needed to win civil cases or prove affirmative defenses.
Probable Cause - based on trustworthy facts a person of reasonable caution would believe [ the thing in question] is probable - required to get warrants and conduct searches
Reasonable Suspicion - something more than a hunch, suspicion based on “articulable facts” used for Terry stops, brief pat downs.
Something more than a description of the suspect
Predicative Infromation
A legal writ, signed by a judge, giving police permission to search a location.
Warrant
Warrant Exceptions
Consent, Stop and frisk, Plain View/Plain feel/Open fields, Searches of Automobiles, Preservation of Evidence, emergency Responses or Hot Pursuit, Road Blocks/Random stops
Allowing police to search a person and the area within their immediate control during a lawful arrest without a warrant.
Incident to Arrest
When police check for other persons who may b a danger to the officers if there is a reasonable belief that such individuals may be present.
Protective Sweep
Is the most serious type of seizure that the state can carry out.
Arrest
Is a legal principle where courts and officials consider all relevant facts and circumstances surrounding a situation, rather then relying on single test.
Totality of circumstance
Is the questioning of a suspect by police
Interrogation
Is a statement by a person admitting that they committed a crime
Confession
If a person claims that certain facts are true, and those facts are inculpatory, but don’t amount to a crime by themselves, that is referred to as an
Admission
In order for confessions to be admissible in court, they must be
voluntary
Miranda Warning - Elements
Right to remain silent
statements can/will be used against you
Right to an attorney
attorney will provided if you cannot afford
Exceptions for Miranda
Waiver, Undercover Officers, Routine Traffic Stops, Informational Questions, Public Safety Questions Spontaneous Questioning
Renders illegally obtained evidence inadmissible.
Exclusionary Rule
