chapter 6

vocab

100

 Legal decision in which the Supreme Court created the “inevitable discovery” exception to the exclusionary rule.

Nix v Williams

200

 Supreme Court decision announcing the “good faith” exception to the exclusionary rule.

United states v Leon

300

 Exception to the exclusionary rules that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission.

good faith exception

400

•  Government officials’ examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy.

search

500

• Government officials’ interference with an individual’s freedom of movement for a duration that typically last less that one hour and only rarely extends for as long as several hours.

stop

vocab

100

 Written statement of fact, supported by oath or affirmation, submitted to judicial offers to fulfill the requirements of probably cause for obtaining a warrant

affidavit

200

 U.S. Supreme court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant

Illinois V Gates

300

• An amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.

Probable Cause

400

Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be.

plain view doctrine 

500

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

Tenn V Garner

vocab

100

 Flexible test established by the Supreme Court for identifying whether probably cause exists that permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant.

totality of circumstances

200

• A police officer’s belief based on articulable facts that would be recognized by others in a similar situation  as indicating that criminal activity is afoot and necessitates further investigation that will intrude on an individuals reasonable expectation of privacy.

reasonable suspicion

300

 Supreme Court decision endorsing police officer’s authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.

Terry V Ohio

400

 Limited search approved by the Supreme Court in Terry v. Ohio, that permits police officers to pat down the clothing of people on the street if there is a reasonable suspicion of dangerous criminal activity.

stop and frisk search

500

When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure.

exigent circumstances 

vocab

100

 A permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place.

consent search 

200

 Judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search.

United States V Drayton 

300

 Permissible warrantless search of a vehicle that has been “impounded”- meaning that it is in police custody-so that police can make a record of the items contained in the vehicle.

inventory search

400

 U.S. Supreme Court decision declaring that suspects in custody must be informed of their rights to remain silent and be represented during questioning.

Miranda V Arizona

500

Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings when public safety would be jeopardized by their taking the time to supply the warnings.

public safety exception 

vocab

100

 The principle that illegally obtained evidence must be excluded from trial.

exclusionary rule

200

The objective standard developed by courts for determining whether a government intrusion into an individual’s person or property constitutes a search because it interferes with the individual’s interests that are normally protected from government examination.

reasonable expectation of privacy

300

• Situations in which police officers use their authority to deprive people of their liberty or property. And that must not be unreasonable according to the fourth amendment.

seizures

400

 Supreme Court decision in which the Fourth Amendment was applied against search by state and local police officers, but the exclusionary rule was not imposed as the remedy for violations of the Fourth Amendment by these officials.

wolf v colorado 

500

 Supreme Court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials.

Mapp V Ohio