Definitions Flashcards
What is Probable Cause
Facts and circumstances
(within officers’ knowledge)
• Reasonably trustworthy information, that would warrant
• A person of reasonable caution
• To believe that an offense has been or is being committed
What is Reasonable Suspicion?
May undertake an investigative stop of a suspect when officer has: • • • • • • Objective factual, basis to suspect
that “crime is afoot”
• Specific & Articulable Facts
• Based on the “totality of the
circumstances”
• A suspect has, is, or about to
engage in criminal activity.
No single fact may be determinative.
More than a “hunch”
.
What is constitutionalization?
An extension of the rights and freedoms in the Bill of Rights, relevant to criminal procedure, to the 50 states.
What is Plain View?
An exception to the fourth amendment warrant requirement that allows a police officer to seize an item without a search warrant when..
1) the officer is lawfully positioned
2) immediately known it is related to criminal activity (probable cause)
3) It was inadvertently seen
What is the Due process clause?
The Fifth and Fourteenth Amendments to the US Constitution guarantee individuals due process of law. The Fourteenth Amendment Due Process Clause incorporates most of the protections of the Bill of Rights.
Why and When was the Fourteenth Amendment passed?
The 14th amendment to the US Constitution passed in 1868 in order to provide equal rights and opportunity to newly free African-American slaves.
Which constitutional amendments apply to criminal procedure issues?
The fourth, fifth, sixth, eighth,and 14th amendments
What are examples of officer experience and noticeable behavior of an individual that an officer may rely when determining
“Reasonable Suspicion”
Can include the suspect’s behavior:
Suspect Actions
• Nervousness
• Evasiveness
Officer Experience
• Frequency and type of criminal
activity in the area: time of day
• Prior knowledge of the suspect
Articulable Suspicion
Standard for reasonable suspicion that is the “totality of circumstances” Equates to more than a “hunch”
• Specific reason containing variation of specific facts.
• No single fact may be determinative
What are attributes of a Police Encounter?
1) Consensual/Voluntary
2) Free to walk away at any time
3) Don’t have to answer any questions or identity yourself
4) Officer doesn’t need any suspicion of a crime to initiate an encounter.
Can be friendly or probing.
What are attributes of a Police Stop or “Investigatory Detention”?
1) Officer has reasonable suspicion or evidence person has, or will, commit a crime.
2) Individuals are not free to leave.
3) May be asked for identification and questioned.
4) Person may exercise their right to remain silent.?
What are the attributes of a legal Arrest.
1) Police have probable cause that will stand up to the scrutiny of a judge.
2) Person is not free to leave and will be taken to a police station.
3) Person has the right to remain silent and the right to an attorney.
What are three considerations of “no knock entries” when discussing Knock & Announce by police.
Knock & Announce is a case by case analysis:
1) Does it pose a threat of physical violence to the officers?
2) Escaped Prisoners flee to their home.
3) Is destruction of evidence likely?
