Disclosing and suppressing evidence

Question 1

Discovery

Answer 1

pretrial procedure in which parties to a lawsuit ask for an receive information such as testimony, records, or other evidence from each other

Question 2

inculpatory evidence

Answer 2

evidence that tends to support the guilt of the accused

Question 3

excuplatory evidence

Answer 3

all evidence that the presecution intends to use in their cause in chief to prove the case against a defendant beyond a reasonable doubt. Must be discolsed to the defendant during teh discovery phase

Question 4

burden is on the presuction to

Answer 4

find all evidence

Question 5

alibi defense

Answer 5

a defense alleging that the defendant was elsewhere at the time that the crime with which he or she is charged was committed

Question 6

exclusionary rule

Answer 6

a rule created by judicial decisions holding that evidence obtained through violation of the constitutional rights of the criminal defedant must be excluded from the trial

Question 7

fruit of the poisonous tree

Answer 7

poisonous tree: evidence directly obtained as a result of a constituitonal violation
fruit: the derivative evidence obtained because of knowledge gained from the first illegal search, arrest, confrontation, or interrogation

Question 8

consent search

Answer 8

a person, place, or moveables may be lawfully researcched by an officer of the law if the owner gives free and voluntary consent

Question 9

affadavits

Answer 9

a written statement of facts, which the signer swears under oath are true

Question 10

consent serveillance

Answer 10

a situation in which one or more parties to a communcation consents to the intereception of the communication

Question 11

incident to arrest

Answer 11

• probable cause to arrest
• once arrested, the polce can search whatever is under the persons dominion and control

Question 11

warrentless

Answer 11

search without a warrant

Question 12

plain view search

Answer 12

if the police happen to come across something while acting, within their lawful duty, that item may be used as evidence in a criminal trial, even if the police did not have a search warrant

Question 13

aerial search

Answer 13

a search conducted from an aircraft, usually a helicopter or a small, low-flying plane

Question 14

suppresion motions

Answer 14

request that a court of law prohibit specific statements, documents, or objects from being introduced into evidence in a trial

Question 15

custodial interrogation

Answer 15

• the person must be in custody
• questions must be reasonably calculated to elicit an incriminating respose