Amendment
What is the 4th Amendment?
What is freedom from unreasonable search and seizures.
What is the difference between detention and consensual encounter?
What is..
Detention-is usually when a reasonable person does not feel that s/he is unable to leave freely. Detention requires reasonable suspicion (which should be a specific & articulate suspicion that would narrow suspicion to the individual).
Consensual Encounter-are thought to be the least intrusive form of contact from law enforcement. The police may initiate a consensual encounter without any objective justification
What is the purpose of the Miranda warning?
What is to protection for citizens to inform suspects—and when I say suspects, people who are under arrest, people who are in custody and suspected of particular crimes—to inform them of their Fifth Amendment right against self-incrimination and their Sixth Amendment right to counsel so they can make intelligent choices about whether to waive those rights and speak to the police, whether to invoke those rights and not submit to interrogation, and whether to insist on having an attorney present before and during questioning.
What is a search?
What is examination of a person’s body, property or other area which the person would reasonably be expected to consider as private by a law enforcement officer for finding evidence of a crime.
What is probation?
What is sanction that’s been ordered by the court system. A person is put on probation when they’ve been found guilty of committing a crime. Probation lets a person stay in their community, so long as they’re being supervised by a probation officer.
What is the 5th Amendment?
What is freedom from self incrimination.
What is reasonable suspicion vs. probable cause?
What is
RS-make an arrest exists when an officer has knowledge of such facts as would lead a reasonable person to believe that a particular individual is committing, has committed or is about to commit a criminal act.
PC-cause to search for evidence or to seize evidence requires that an officer is possessed of sufficient facts and circumstances as would lead a reasonable person to believe that evidence or contraband relating to criminal activity will be found in the location to be searched
When is the Miranda warning give?
What is when there is custody.
What is a seizure?
What is the forcible taking of property by a government law enforcement official from a personwho is suspected of violating, or is known to have violated, the law
What is parole?
What is refers to criminal offenders who are conditionally released from prison to serve the remaining portion of their sentence in the community.
What is the 6th Amendment?
What is right to a speedy trial.
What is the difference between arrest and detention?
What is
Arrest-to curbing the liberty of movement of a person in suspicion of having committed a crime or for the prevention of a crime.
Detention-is a concept similar to arrest but is considered to be a lesser intrusion on the privacy of an individual than arrest. However, detention does place a restriction on the movement of an individual as he is deprived of his freedom temporarily.
What are the types of Miranda waivers?
What is implied (remaining silent), clear invocation (verbalized) and expressed (behavior).
What is a consent search?
What are searches that are made by law enforcement agents based on consent of the person whose property they wish to search.
What are the elements of a 459?
What is breaking and entering in a dwelling to commit a felony.
What is the 8th Amendment?
What is freedom from excessive bail?
What is the difference between a misdemeanor and a felony?
What is
Misdemeanor- not as serious as a felony, and under federal law in most states, it is considered a criminal offense that brings a potential jail time of less than one year.
Felony-
the most serious crime. It is defined as a crime with punishment for more than one year in jail and high fines.
Felony jail time is served in a state or federal prison.
What are the exceptions to the Miranda Rule?
What are:
1. Routine booking questions
2. Jailhouse Informant
3. Public Safety and Emergency
What is a search incident to arrest?
What is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
What are the elements of a 484?
What is every person who shall feloniously steal, take, carry, lead, or drive away the personal property of another, or who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or who causes or procures others to report falsely of his or her wealth or mercantile character and by thus imposing upon any person, obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft.”
What is the 14th Amendment?
What is due process.
What is the difference between interview and interrogation?
What is
Interview- a conversation between individuals
Interrogation- is mostly applied to situations where suspects are questioned by police officers to unearth information to come to a conclusion
What is the Miranda vs. Arizona case?
What is legal case in which the U.S. Supreme Court on June 13, 1966, established a code of conduct for police interrogations of criminal suspects held in custody.
What are the 5 warrantless searches you can conduct?
1. Cursory/frisk/pat searches
2. Consent searches
3. Searches pursuant to exigent circumstances
4. Searches incident to arrest
5. Probation/parole searches
What is the Exclusionary Rule?
What is evidence illegally seized by law enforcement officers inviolation of a suspect's right to be free from unreasonable searches and seizures cannot be used against the suspectin a criminal prosecution.