A suspect has no right to be present or have the presence of a lawyer during this type of identification procedure
What is a photo array?
100
The U.S. Supreme Court case ruling that the exclusionary rule is applicable to the states
What is Mapp v. Ohio?
100
The test for entrapment that was rejected by the U.S. Supreme Court
What is the due process test?
100
A civil action initiated in state court
What is a tort action?
100
Circumstances when governmental officials have an affirmative duty to protect
What is a special relationship or state created danger?
200
Constitutional test that applies to lineups, showups, and photographic displays, whether preindictment or postindictment to determine fairness (suggestiveness)
What is the due process test?
200
Fruit of the poisonous tree doctrine
What is the rule stating that evidence that is discovered as a result of the unlawfully seized evidence is also excluded from evidence?
200
Inducement by the state and no predisposition
What is the elements of a successful entrapment defense?
200
Color of title and violation of a (U.S.) constitutional or federal right
What is the elements of a successful color of title claim?
200
The 11th amendment
What is sovereign immunity for states
300
Risk factors of eyewitness misidentification
What is perception, memory and identification?
300
Temporal proximity, intervening circumstances and intentional violation
What is attenuation and related factors?
300
Test for entrapment that focuses on the defendant
What is the subjective test?
300
Affirmative link
What is the necessary showing for imposition of vicarious liability under section 1983?
300
A showup following arrest but before the initiation of adversary criminal proceedings
What is not a critical stage in the proceedings?
400
This constitutional right attaches only to critical stages of the proceeding
What is the sixth amendment right to an attorney?
400
The U.S. Supreme Court ruling that evidence seized in an unlawful search was to be excluded in federal courts
What is Weeks v. United States?
400
Test for entrapment that focuses on the government
What is the objective test?
400
Exception to qualified immunity
What is when the defendant violates a clearly established right set forth under the U.S. constitution or federal law
400
Circumstances that judges consider to determine if acts were done in furtherance of responsibilities as a police officer or were undertaken as a private citizen
What is the totality of circumstances?
500
The rule stating that under the sixth amendment a defendant has the right to the presence of a lawyer during a postindictment lineup.
What is the Wade-Gilbert Rule?
500
The state must provide clear and convincing evidence that the in-court identification is not the product of the earlier identification
What is the burden and standard of proof that must be met when for an in court eyewitness identification to be allowed, when the right to counsel is denied during a lineup
500
Collateral proceedings in which illegally obtained evidence could be admitted
What are bail hearings, preliminary hearings, grand jury proceedings, sentencing hearings
500
The. U.S. Supreme Court case ruling that federal law enforcement officers are responsible for constitutional torts that violate individuals’ Fourth Amendment rights
What is Bivens v. Six Unnamed FIB Agents
500
Rule stating that is unlawful for law enforcement officers or law enforcement agencies to engage in a pattern or practice of conduct that deprives individuals of a constitutional right or right guaranteed by the laws of the United States