study review 1
The legal principle that illegally obtained evidence can be admissible in court if police using lawful means would inevitably have discovered it
What is the inevitable discovery exception
the forcible taking of a person or property in response to a violation of the law
what is a seizure
a brief detention of a person by law enforcement agents for questioning
what is a stop
a legal term, as found in the Fourth amendment to the U.S. constitution, that generally refers to the search for and confiscation of evidence by law enforcement agents
what are searches and seizures
this case brought the exclusionary rule to state courts
what is mapp v. ohio
Searches by police that are made after the subject of the search has agreed to the action
what are consent searches
this is performed on persons who have just been arrested
a pat-down or minimal search by police to discover weapons
what is a frisk
the standard of proof a law enforcement officer needs to arrest someone
what is probable cause
This supreme court case which established the automobile exception
carroll v. united states
evidence that is acquired through the use of illegally obtained evidence and is therefore inadmissible in court
what is fruit of the poisonous tree
a written order, based on probable cause and issued by a court, commanding that police officer or criminal investigators search a specific person, place, or property to obtain evince
what is search warrant
the legal principle that objects in plain of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced into evidence
what is plain view doctrine
the constitutional rights of the accused persons taken into custody by law enforcement officials, including the right to remain silent and right to counsel
what are miranda rights
what supreme court case established the idea that a police officer cannot stop and frisk a person without reasonable suspicion
what is terry v. ohio
a written statement of facts, confirmed by oath or affirmation of the party making it and made before a person having the authority to administer the oath of affirmation
what is an affidavit
what is search incident to an arrest
situations that require extralegal or exceptional actions by the police, such as during an emergency situation
what are exigent circumstances
a rule under which any evidence that is obtained in violation of the accused's rights, as well as any evidence derive from illegally obtained evidence, will not be admissible in court
what is the exclusionary rule
a phone booth was at the center of this famous supreme court case
what is katz v. U.S
a statement that must be read to an individual before he or she can be interrogated by police
what are miranda warnings
the legal principle that evidence obtained with the use of a technically invalid search warrant is admissible during trial if the police acted in good faith
what is the good faith exception
the use of physical or mental intimidation to compel a person to do something, such as confess to committing a crime, against his or her will
what is coercion
the questioning of a suspect after that person has been taken into custody
what is custodial interrogation
this famous case was established to protect your 5th amendment rights
what is miranda v. arizona