Definitions Flashcards
Arrest
Taking under real or assumed authority, custody of another person of holding him to answer to a criminal charge, or to prevent harm to himself or others.
Crime
An act committed or omitted in violation of public law, either forbidding or commanding it to be done.
Felony
Any crime punishable by death or imprisonment in state prison
Misdemeanor
Any crime less than a felony
Probable cause
Level of proof that is more than reasonable suspicion, yet less than proof beyond a reasonable doubt
Probable cause to arrest
That level of proof, based on facts sufficiently strong in themselves, to cause a reasonable and prudent person to believe that the accused committed the crime with which he is charged.
Probable cause to search
That level of proof, based on facts sufficiently strong in themselves to cause a reasonable person to believe seizable evidence is located and a particular place
Search
Implies a quest or examination. A prying into hidden places for that which is concealed
Seizure
A forceful taking or dispossession of property of another not accompanied by a search
Frisk
Patting of outer clothing of a person or area under his control to determine by sense of touch the presence of a weapon.
Reasonable suspicion
Level of proof that is less than probable cause but more than mere suspicion
Unlawful Design
Suspect has committed is committing or is about to commit a crime
Curtilage
Area around the dwelling that a person has a reasonable expectation of privacy (rule of thumb is 75 FT)
Intensity
Search is governed by the size of the item you are looking for
Scope
Area to be searched