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At this point a person is considered in arrest.
What is when they are taken into custody for the purpose of being charged?
Never appears in the Constitution, but the Supreme Court states several of the rights explicitly stated in the constitution come together to create it
What is the Right to Privacy?
An officer in Tennessee has just responded to a domestic assault between boyfriend and girlfriend. While there the officer has determined the boyfriend is the primary aggressor. What should his next step be?
Established the Exclusionary Rule in Federal Courts
What is Weeks v. U.S?
What Substantive and Procedural Criminal Law?
Officer serve these type of warrants by kicking in the doors and going inside. Can be very risky and are a very controversial topic
What are No-Knock Warrants?
Requires an officer to have a warrant signed prior to making the arrest
What is a Misdemeanor Crime?
Based off the United States Supreme Court, officer have to inform citizens of their rights to refuse consent.
What is False?
Established the Exclusionary Rule in State Courts
What is Mapp v. Ohio?
Consist largely of statues that define criminal law
What is Substantive Criminal Law?
A search that is conducted in the area immediately surrounding the arrest person
What is a Search Incident to Arrest?
An officer is suspicious that an individual is in possession of a weapon, by law he is allowed to conduct this looking for weapons.
What is a pat down?
Exigent Circumstances, Consent, Hot Pursuit, Automobile
What are examples of a Warrantless Search?
created the good faith exception
What is U.S v. Leon?
Dictates how the criminal justice system should treat people
What is Procedure Criminal Law?
For a magistrate to issue a warrant, they must determine this
What is Probable Cause?
Must have a warrant, based on probable cause, supported by Oath or affirmation, particularly describing the place to searched, and the persons or things to be seized
What is requirements of the Fourth Amendment?
Miranda must be read when these things occur
What is in custody and police questioning?
Recite a Miranda warning
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you by the court. Do you understand these rights as I have explained them to you?
The standard for establishing probable cause
What is more likely then not?
Guarantees the right to a public and speedy trial, as well as the right to the assistance of counsel.
What is the 6th Amendment?
Illegally obtained evidence cannot be admitted into a criminal court
What is the Exclusionary Rule?
This court case created the inevitable discovery exception
Nix v. Williams