Constitution
The first 10 amendments to the US Constitution.
Bill of Rights
Allows an arrest to be made on a suspect.
Probable Cause
When police intrude on on a suspect's reasonable expectation of privacy.
Search
Privilege against self-incrimination
Miranda Rule
Police do not need reasonable articulable suspicion to conduct a K9 sniff during a routine traffic stop.
Illinois v. Caballes
No state shall deprive any person of life, liberty, or property.
Due Process
The two classes of seizures recognized under the Fourth Amendment.
Investigatory Stops and Arrests
When police interfere with a suspect's possessory rights in property.
Seizure
Federal and state statutes that require suspects to see a judge for arraignment without undue delay after the arrest.
McNabb-Mallory Rule
State courts are required to provide counsel for defendants who cannot afford it.
Gideon v. Wainwright
Rights that the government cannot deny without a compelling reason.
Fundamental Rights
A traffic stop made for an observed traffic violation in which the officers real motive is to check out a hunch about an unrelated crime.
Pretextual Traffic Stop
Four activities not recognized as searches by the Fourth Amendment.
Searches performed by private parties - Abandoned Property - Plain View - K9 Detection
A statement that is made freely and consciously.
Voluntary Utterance
Defendants are required to be warned before questioning that they have the right to remain silent, and that anything they said can be used against them in a court of law, they have the right to an attorney, and if they cannot afford an attorney, one was to be appointed to them prior to any questioning if they so desired.
Miranda v. Arizona
Clause that forbids a state to deny any person within its jurisdiction the equal protection of the laws.
Equal Protection
The three exceptions that excuse both the need for a warrant or for knocking.
Consent, Hot Pursuit, Exigent Circumstances
Police are allowed to search for evidence that is not currently there, but is expected to be there at the time of the execution.
Anticipatory Search Warrant
Prolonged questioning, isolated surroundings, threatening presence of police, weapon displays, hostile demeanor, intimidating tone of voice, restrictions of movement (handcuffs or other forms of restraints) and confronted with evidence of guilt.
Custody indicators.
Police may search a vehicle after an arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of the arrest.
Arizona v. Gant
Legal procedure that allows a person to challenge the legality of their imprisonment.
Habeas Corpus Review
The three legitimate reasons for using force.
Self defense/protection of others, to overcome resistance, prevent escape.
A lawful custodial arrest gives police the authority to search the arrestee's person, clothing, and articles closely associated with his person that are on or carried by him.
Search Incident to Arrest
Questions that are not considered an interrogation
Express Questions
Police cannot use lethal force against an unarmed fleeing felon.
Tennessee v. Garner