Arrest
Search and Seizure
Searching without a Warrant I
Searching without a Warrant II
Miranda
100
An Arrest
What is a person suspected of a crime and then taken into custody?
100
Evidence seized illegally in a search cannot be used in court against the defendant.
What is Exclusionary Rule?
100
this allows police to search if they believe that evidence is being destroyed.
What is a search incident to a lawful arrest?
100
If the officer has probable cause to believe a vehicle contains contraband, they may search the vehicle.
What is a Vehicle Search?
100

"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 speak to an attorney, and to have an attorney present during any questioning."

Miranda Warnings

200
– Court Order commanding that the person named in it be taken into custody Issued by Judge or Magistrate.
What is an arrest warrent
200
A court order; obtained from a judge who believes there is a need to search a person or place.
What is a search warrant?
200
Police have the right to pat down suspect for weapons if policeman thinks suspect is suspicious and likely to be armed.
What is a stop and Frisk?
200
In certain emergencies police do not need a search warrant. (ie. Building bomb threat, entering a house after smelling smoke/hearing screams; or other instances where taking time to get a warrant would result in injury/death/ or destruction of evidence).
What is Emergency Situation searches?
200

After every arrest there is usually ________ or questioning, of the accused

Interrogation

300
reasonable belief that a person has committed a crime
What is Probable Cause?
300
police officer testifies under oath for warrants probable cause
What is Affidavit?
300
When a person voluntarily agrees, police may conduct a search w/out warrant or probable cause. (usually applies to property or allows police to check other peoples place-Parent Child)
What is consent?
300
Customs agents are authorized to search w/out warrants and w/out probable cause. (Sometimes body searches are necessary.)
What is Boarder and Airport Search?
300

When do your Miranda rights apply?

CUSTODIAL

POLICE

INTERROGATIONS

400

Police must have reasonable suspicion , but do not need probable cause to do this task.

What is Stop and Frisk

400
Police can seize related or illegal evidence in plain sight during the search
What is rules of a Search Warrant?
400

If an object connected with a crime is in plain view and can be seen from a place where an officer has the right to be it can be seized w/out a warrant.

What is plain view?

400
No warrants area needed to search certain businesses (ie. Liquor, Firearms sales, Mines, Junkyards)
What is Certain Business Searches?
400

  • Where a reasonable person would not feel free to leave

  • Not just an arrest

What is a custody?

500

Based on age, appearance, race. (i.e Drug Courier, Racial)

What are profiles?

500
This does NOT give and absolute right to privacy- only limits unreasonable searches. Searches almost always reasonable when conducted with a valid warrant. People only have a “reasonable expectation” of privacy; garbage on front curb for pick up is not considered private.
What is the 4th amendment?
500
Police in hot pursuit of a suspect don’t need a warrant to enter a building that they saw a suspect enter; may also seize any evidence connected
What is Hot pursuit?
500
Is it legal for the police to search outside of a certain area that their search warrant does not permit if they see an illegal substance?
What is yes.
500

Direct questioning

OR

Interaction that is reasonably expected to get a response

What is an interrogation

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