Terminology
This burden of proof is required to convict a defendant in criminal court.
What is Beyond a Reasonable Doubt
This article establishes the executive branch of the government
What is article II
This exception to the probable cause requirement allows officers to conduct investigatory detentions and limited searches for weapons based on reasonable suspicion
What is a Terry Stop (also acceptable What is a stop and frisk)
Prior to custodial interrogations, the U.S. Supreme Court has determined the requirement for this to be read to all suspects for their confession to be admissible in court
What is a Miranda Warning
In this case, the U.S. Supreme Court ruled that a suspect must be informed of their rights before custodial interrogation by law enforcement officers
What is Miranda v. Arizona (1966)
This burden of proof is required to convict a defendant in municipal court.
What is Clear and Convincing Evidence. (Preponderance of the evidence also excepted)
This amendment guarantees the right to a lawyer during criminal court proceedings
What is the 6th amendment
This search warrant exception allows an officer to conduct a search the person and the area within their immediate control without a warrant immediately following a lawful arrest
What is search incident to arrest
This person has the authority to invoke the right to remain silent given by the 5th amendment
Who is the suspect
In this case, the U.S. Supreme Court provided guidelines for officers to follow when detaining subjects and subjecting them to a limited search for weapons
What is Terry v Ohio (1968)
The court uses this standard to analyze decision making using all available information at the time of the incident
What is totality of the circumstances
This amendment applied the federal due process clause to the states
What is the 14th amendment
The "exclusionary rule" is a principle that prevents the use of illegally obtained evidence in court. This secondary evidence is also inadmissible in court.
What is "fruit of the poisonous tree"
After a suspect invokes their right to remain silent, an officer must wait this long before attempting to question them again
What is 2 hours (also acceptable What is a “reasonable amount of time”)
In this case, the U.S. Supreme Court determined there was no automatic search of a vehicle following an arrest during a traffic stop
What is Arizona v Gant (2009)
This standard is a method applied to review law enforcement use of force, which considered the perspective of the involved officer
What is a reasonable officer
The doctrine that applies the due process rights to the states through the 14th amendment is referred to as this
What is the Incorporation Doctrine
This probable cause exception allows officers to enter an area where there is a reasonable expectation of privacy to affect an arrest without consent if the officer has a reasonable belief that the search is necessary to prevent flight, for public safety or evidence preservation
What is exigent circumstances
This right provided by the 5th amendment prohibits someone from being prosecuted twice for the same offense
What is Double Jeopardy
In this case, the U.S. Supreme Court determined the 3 criteria to be considered when determining if officer use of force was objectively reasonable
What is Graham v Connor (1989)
This principle allows a law enforcement officer to make arrests outside of his/her jurisdiction while acting in an official capacity, on duty and responding to an emergency or felony in progress
What is expander of jurisdiction
The 6th amendment right to counsel comes into effect at time of what
What is charging (what is filing of the criminal complaint also accepted)
A lawful arrest occurs when the officer has an arrest warrant, reasonable belief that a warrant for the person's arrest has been issued in state, probable cause to believe the person has committed or is committing a crime or this
What is reasonable belief that a warrant for the person's arrest for a felony has been issued out of state
In a two prong test to determine voluntariness of a statement, courts will analyze personal characteristics of the suspect (such as mental disease or intoxication) and this
What are strategies used by the officer to induce the statement
In the 1963 case Brady v Maryland, the U.S. Supreme Court determined the government’s withholding of evidence material to the guilt or punishment of the defendant violated the defendant’s constitutional right to what?
What is Due Process