4th Amendment
The people that conduct searches and seizures that are subject to 4th Amendment analysis of reasonableness.
Who are law enforcement?
The thing that must be read when the police are questioning a suspect while in custody.
What are Miranda rights?
The criminal procedure ideal that describes that the system must consider equally public safety as well as protecting rights of liberty and privacy.
What is balancing?
The term in the Fifth and Fourteenth Amendment that mandates fair procedures and a regular process, such as giving notice and right to a hearing.
What is due process?
The supreme law of the land.
What is the US Constitution?
Giving permission to search
(which means 4th Amendment and reasonableness analysis does not apply)
What is consent?
The amendment that has to do with your right to remain silent
What is the Fifth Amendment?
The criminal procedure ideal that describes decision-making that relies on legal and empirical evidence from research and policy analysis.
What is evidence-based decision-making?
What law enforcement need to obtain to search a home.
What is a search warrant?
The legal standard that is required for a stop-and-frisk.
What is reasonable articulable suspicion?
When police tell you to stop or activate their lights and siren while you are driving.
What is a seizure?
You have the right to remain silent. Anything you say can be used against you in court. You have a right to an attorney. If you cannot afford one, an attorney can be appointed to you.
What is the Miranda warnings?
The criminal procedure ideal that refers to using no more state power and resources than are necessary to maintain safety and autonomy.
What is proportionality?
The legal standard required for an arrest or search warrant.
What is probable cause?
Professor Samaha asks you to remember who before examining every criminal case?
DAILY DOUBLE: You can bet any amount!
Who are the innocents?
A sniff conducted by what animal is considered public and not private as long as the stop was lawful.
What is a dog?
The percent of people who waive their right not to self-incriminate after being read their Miranda rights.
What is 75%?
The criminal procedure ideal that describes avoiding the two errors of justice: not to harass the innocent nor allow guilty to go free.
DAILY DOUBLE: Bet any amount!
What is accuracy?
The timeframe when memory fades the most.
What is a few hours?
The only thing law enforcement can search for during a stop-and-frisk.
What is a weapon?
The name for a reasonable pat-down for weapons of suspicious persons.
What is a stop-and-frisk or Terry frisk?
A suggested reform to prevent false confessions.
What is prohibiting lying or recording the interrogation or reduce time allowed for interrogation?
The criminal procedure ideal that seeks to treat everyone impartially, both the innocent AND the guilty.
What is equal justice?
If you are beaten and tortured during interrogation, the constitutional amendment being violated.
What is the Fourteenth Amendment?
Bans evidence obtained illegally or unconstitutionally.
What is the exclusionary rule?