A list of rights that must be provided to an individual when in custody and prior to questioning.
What is Miranda warnings?
Something, such as evidence, that proves something else is true.
What is proof?
When the police take control of a person or thing because of a violation of the law.
What is seizure?
List the standards of proof in criminal matters in order from the lowest level of proof to the highest level of proof.
(Starting with the lowest level and ending with the highest level of proof):
1. (Lowest level of proof) Reasonable suspicion
2. Probable cause
3. (Highest level of proof) Beyond a reasonable doubt
Note: a fourth level of proof is preponderance of the evidence. However, this level of proof only applies to civil matters and has the functional equivalent to probable cause.
Identify the five different types of undercover investigations.
1. Stings
2. Decoys
3. Undercover fencing operations
4. Stakeouts
5. Surveillance
A warrant exception that allows police to search certain places and things not afforded Fourth Amendment protection.
What is other places exception?
Level of proof required for police to legally stop and frisk a person. It relates to the likelihood of a person’s involvement in a criminal act. It is less of a hurdle than probable cause.
What is reasonable suspicion?
If there is reasonable suspicion criminal activity is afoot and the subject may be armed, the police may conduct a search of the outer clothing of a person without a warrant even though an arrest of that person may not be justified.
What is stop and frisk exception?
Note: See also Terry stops
This is the process of collecting crime-related information to reach certain goals including solving a crime, providing evidence to support a conviction in court, and providing a level of service to satisfy victims of crime. The three components of this are: 1) the process, 2) crime-related information, and 3) goals.
What is criminal investigation?
This court decision requires police officers to inform suspects of their rights when in custody and prior to questioning.
What is Miranda v. Arizona (1966)?
If the police conduct a search with a warrant or are legally present at a particular place and evidence is observed in plain sight, that evidence may be seized.
What is plain view exception?
A governmental infringement into a person’s reasonable expectation of privacy for the purpose of discovering things that could be used as evidence in a criminal prosecution.
What is search?
A warrant exception that allows police to search a vehicle if there is probable cause to believe the vehicle contains evidence or contraband.
What is vehicle exception?
How are crimes cleared by arrest according to the FBI?
A crime is cleared by arrest when three specific conditions have been met: At least one person has been: 1) arrested, 2) charged with the commission of the offense, and 3) turned over to the court for prosecution.
This court decision allows police to stop and frisk subjects only when an officer has reasonable suspicion a subject is engaged in illegal conduct.
What is Terry v. Ohio (1968)?
A traffic stop made for any traffic offense that may then allow for other law enforcement action.
What is pretext traffic stop?
This exception allows a warrantless search of an individual as a result of that person’s arrest.
What is search incident to arrest exception?
A high level of proof that needs to be established by a prosecutor in a court trial in order to convince a judge or jury that a defendant is guilty of a crime.
What is beyond a reasonable doubt?
The traditional manner of police investigations of crime where a crime occurs and then the police respond.
What is reactive investigation?
This court decision allows the police to search an arrested individual's vehicle only if the individual could access the vehicle at the time of the search or if it is reasonable to expect that the vehicle contains evidence of the offense.
What is Arizona v. Gant (2009)?
A standard of proof that is generally required in order for police to justify a search or arrest.
What is probable cause?
A document that authorizes the search and seizure of an individual’s property; it specifies the person, place, or vehicle to be searched and the types of items to be seized by the police.
What is search warrant?
The degree of certainty needed to prove and win a civil claim. It is essentially the functional equivalent of probable cause but applies only to civil matters.
What is preponderance of the evidence?
This type of investigation occurs when the police initiate action before crime actually occurs.
What is undercover investigations?
This court decision prohibits police use of deadly force against fleeing suspects, including felons, unless there is probable cause to believe the suspect poses a significant threat to officers or others.
What is Tennessee v. Garner (1985)?