THE TERRY STOP
A GUT HUNCH THAT A CRIMINAL ACTIVITY IS AFOOT. THERE ARE NO FACTS A LAW ENFORCEMENT OFFICER CAN USE TO EXPLAIN OR JUSTIFY HIS/HER/THEIR FEELING.
WHAT IS MERE SUSPICION?
IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL BE APPOINTED FOR YOU.
WHAT IS THE LAST LINE OF THE MIRANDA RIGHTS?
THE MEASURE TO WHICH A PERSON'S PRIVACY RIGHTS ARE DETERMINED?
WHAT ARE A REASONABLE PERSONS EXPECTATION OF PRIVACY?
BY MEANS OF PHYSICAL FORCE, OR SHOW OF AUTHORITY, TERMINATES ONE'S FREEDOM OF MOVEMENT.
WHAT IS A SEIZURE?
A RULE OF CRIMINAL PROCEDURE WHICH ALLOWS AN OFFICER TO SEIZE EVIDENCE OF A CRIME WITHOUT A WARRANT WHEN THE EVIDENCE IS CLEARLY VISIBLE.
WHAT IS THE PLAIN VIEW DOCTRINE?
A BRIEF, TEMPORARY, INVOLUNTARY DETENTION OF A PERSON SUSPECTED OF BEING INVOLVED IN CRIMINAL ACTIVITY FOR THE PURPOSE OF INVESTIGATING THE POTENTIAL CRIMINAL VIOLATION.
WHAT IS A TERRY STOP?
ERNESTO MIRANDA, A MEXICAN IMMIGRANT, LIVING IN PHOENIX, ARIZONA, WHO APPERARED IN A POLICE LINE-UP.
WHO WAS THE PERSON FOR WHICH MIRANDA RIGHTS WAS NAMED AFTER?
THE FOURTH AMENDMENT PROTECTS THESE SPECIFIC RIGHTS OF A PERSON, AS RELATED TO HIS/HER/THEIR PERSONS?
WHAT ARE UNREASONABLE SEARCHES AND SEIZURES FROM GOVERNMENT?
STANDARD TO MEASURE A REASONABLE SEIZURE BY LAW ENFORCEMENT.
WHAT IS THE REASONABLE PERSON STANDARD FOR BELIEVING HE/SHE/THEY WERE UNABLE TO LEAVE?
TYPICALLY, THE THREE RULES USED FOR THE EXCEPTION TO SEARCH AND SEIZURE.
WHAT IS PRIOR VALID ENTRY, INADVERTANCE, AND PROBABLE CAUSE?
REASONABLE GROUNDS TO BELIEVE THAT A CRIME HAS BEEN COMMITTED AND THAT A PARTICULAR SUSPECT HAS COMMITTED IT.
WHAT IS PROBABLE CAUSE?
QUESTIONING FOR PUBLIC SAFETY, STANDARD BOOKING QUESTIONS, PERSON/SUSPECT IS UNAWARE HE/SHE/THEY ARE SPEAKING TO LAW ENFORCEMENT, OR JAILHOUSE INFORMANT TALKING TO A SUSPECT/PERSON.
WHAT ARE EXCEPTIONS TO MIRANDA RIGHTS?
THE SPECIFIC THINGS OF A PERSON THAT ARE PROTECTED UNDER THE FOURTH AMENDMENT.
WHAT ARE PERSONAL EFFECTS, HOMES, PAPERS, AND INDIVIDUALS IN THEIR PERSONS?
LEGAL TERM FOR A TRAFFIC STOP OF A DRIVER WHO IS NOT ABLE TO LEAVE THE CONTROL OF THE LAW ENFORCEMENT OFFICER.
WHAT IS A SEIZURE?
TYPICAL RULES TO INVOKE THE EXCEPTION TO SEARCH AND SEIZURE.
WHAT IS INCRIMINATING CHARACTER OF THE EVIDENCE IS IMMEDIATELY APPARENT TO THE OFFICER, OR THE EVIDENCE MUST BE IN PLAIN VIEW AND IN A LOCATION WHERE THE OFFICER HAS A RIGHT TO BE?
HOUR OF THE DAY, UNUSUAL PRESENCE, HIGH CRIME AREA, UNUSUAL DRESS, ARE SOME EXAMPLES OF THIS.
WHAT ARE FACTORS SUPPORTING A REASONABLE STOP?
DON IS ARRESTED FOR SUSPICIONS OF ROBBING A BANK, QUESTIONED FOR TWO HOURS, AND LATER ADMITS TO ROBBING THE BANK AND GIVES LOCATION OF THE MONEY. WHAT IS THE GROUND FOR HIS TESTIMONY AND EVIDENCE BEING INADMISSIBLE?
WHAT IS VIOLATION OF THE FIFTH AMENDMENT-SELF-INCRIMINATION?
THE DOCTRINE THAT LOOKS AT INFORMATION RETRIEVED BY CELL PHONES AND THE DIGITAL CLOUD.
WHAT IS THE THIRD-PARTY DOCTRINE?
OCCURS WHEN THERE IS NO LEGAL SEARCH WARRANT SIGNED BY A JUDGE/MAGISTRATE DESCRIBING THE PLACE/PERSON/OR THINGS TO BE SEARCHED.
WHAT IS AN UNREASONABLE SEARCH AND SEIZURE?
THE COMMON LAW RULE THAT LAW ENFORCEMENT SHOULD USE BEFORE ENTERING A DWELLING.
WHAT IS THE KNOCK-AND-ANNOUNCE RULE?
GEORGE FLOYD, TRAYVON MARTIN, AND MICHAEL BROWN
WHAT ARE EXAMPLES OF CASES THAT STARTED WITH A STOP AND FRISK, OTHERWISE KNOWN AS A TERRY STOP?
STATING YOU WAIVED YOUR RIGHTS, SIGNING A DOCUMENT THAT YOU WAIVED YOUR RIGHTS, VOLUNTARILY ANSWERING QUESTIONS AFTER INVOKING RIGHT TO BE SILENT.
WHAT ARE EXAMPLES OF EXPRESSLY OR IMPLICITLY WAIVING YOUR MIRANDA RIGHTS?
WHAT IS THE EXCLUSIONARY RULE?
WHAT IS QUALIFIED IMMUNITY?
WHAT IS THE STOP AND IDENTIFY STATUTE?