Doctrines Flashcards
Reasonable Suspicion
A belief that a crime has been, is being, or will be committed based on inferences drawn from the facts in light of experience.
Probable Cause
RS plus physical evidence
Fruit of the Poisonous Tree
Prevents evidence obtained in violation of the Fourth Amendment from being admitted in a criminal trial.
Exigent Circumstances
Allows law enforcement to enter a structure without a search warrant if; someone is in imminent danger, evidence faces imminent destruction, or a suspect’s escape is imminent.
Plain View
Allows an officer to seize evidence of a crime that is found in plain view during a lawful observation.
Open Fields
Expectation of privacy in an open field is not considered as reasonable or legitimate, even if there are fences or “no trespassing” signs around the field.
1+1 Rule
If there is an armed presence, weapon, or suspect on a scene. An officer must act and react as if there is a secondary weapon/person.
Qualified Immunity
Shields government officials from being held personally liable for constitutional violations for monetary damages under federal law so long as the officials did not violate “clearly established” law and did so in good faith.
Use of Force
- Presence
- Verbal
- Empty hand
- Less than lethal
- Lethal
Burden of Proof
Preponderance of evidence. 51%. More likely than not.