Bill of Rights
Right to free speech, religion, and assembly
1st Amendment
this is something a suspect should not be giving while in custody, if they are not being questioned.
Miranda Rights
Limited search of a person’s outer clothing and other areas in his immediate control for weapons only
Seizures that initiate criminal prosecution
An arrest
Prohibits unreasonable searches or seizures by the government
4th Amendment
Another name for the Exclusionary Rule
Fruit of the poisonous tree
the legal standard specific and articulable facts objective factors and rational inferences viewed through eyes of reasonable officer
Reasonable suspicion
Probable Cause
Right to keep and bear arms
2nd Amendment
"You are not under arrest, you are free to leave at anytime, and all the doors are unlocked"
The 3 Point plan
During a investigative stop officers do not need these to ask questions
Miranda Warnings
document that commands officers to take a person into custody and bring before the court
Warrant for Arrest
Protects citizens from double jeopardy and self-incrimination
5th Amendment
this is something a suspect should be giving while in custody, if they are being questioned.
Miranda Warnings
if a subject feels as if they are not free to leave at any time they are...
In Custody
Officers have the automatic right to search the person arrested. It must be performed contemporaneously in place and time with the actual arrest.
Search Incident to Arrest
Protects people from excessive bail or fines and prohibits cruel and unusual punishment
8th Amendment
5th Amendment
Short-duration warrantless seizures used to determine if there is probable cause to believe a crime has or is being committed by the suspect
Instigative Stop
The amendment that is being violated if the arrest is unlawful.
4th Amendment