updated weekly 1 Flashcards
The taking under real or assumed authority, custody of another person
for the purpose of holding him to answer to a criminal charge, or to prevent
harm to himself or others.
arrest
An act committed or omitted in violation of public law, either forbidding
or commanding it to be done.
crime
Any crime punishable by death or imprisonment in the state prison.
felony
Any crime less than a felony.
misdemeanor
That level of proof that is more than reasonable suspicion, yet
less than proof beyond a reasonable doubt.
Probable Cause:
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 Arrest:
That level of proof, based on facts sufficiently
strong in themselves, to cause a reasonable person to believe seizable
evidence is located in a particular place.
Probable Cause to Search:
Implies a quest or examination. A prying into hidden places for that
which is concealed.
search
A forceful taking or dispossession of property of another, not
accompanied by a search.
seizure
The patting down of the OUTER clothing of a person, or area under his
control, to determine by sense of touch, the presence of a weapon.
frisk
That level of proof that is less than probable cause but
more than mere suspicion.
i. Means you can stop someone – the legal threshold.
reasonable suspicion
That a suspect has committed, is committing, or is about to
commit a crime.
unlawful design
effected by legislative enactments
statutory law
the law as established from previous decisions made in past court
cases (i.e. Miranda v. Arizona)
Case Law:
SPAR: Speech, Press, Assembly, Religion
1st amendment