Fourth Amendment
This legal principle allows evidence obtained from an illegal search to be excluded in court.
What is Exclusionary Rule.
An <BLANK> is allowed when the government agent performing <BLANK> has a belief that the person has committed a crime or the officer witnessed the commission of the crime or a person tells the officer that a crime has been committed.
What is an Arrest.
This clause of the Fifth Amendment prevents the government from prosecuting someone twice for the same offense.
What is the Double Jeopardy Clause.
The Fifth Amendment guarantees that no person "shall be compelled in any criminal case to be a witness against himself." This is commonly referred to as what?
What is the right against self-incrimination.
what is Christinas cats name and Jovans dogs FULL name?
What is Malibu and Obi - wan Kenobi
This type of search does not require a warrant or probable cause but is permitted in situations where officers have a reasonable belief that the person is armed and dangerous.
What is Terry Stop and Frisk.
This concept allows law enforcement to search a suspect's vehicle without a warrant if they have probable cause to believe the vehicle contains evidence of a crime, but the scope of the search is limited to areas where evidence might be found.
What is Automobile Exception.
This clause guarantees that no person shall be deprived of life, liberty, or property without a fair process.
What is the Due Process Clause.
The Fifth Amendment protects against compelled testimony, but not the production of these types of documents, unless they are inherently testimonial.
What are business or corporate records.
What are each of the warrant exceptions?
What is exigent circumstances, consent, automobile exception, administrative search, inventory search, search incident to arrest, stop and frisk, and plain view doctrine.
This exception to the Fourth Amendment's warrant requirement allows officers to enter a home without a warrant if they have an objectively reasonable belief that an emergency situation, such as imminent danger to life or the destruction of evidence, exists.
What is Exigent Circumstance Doctrine.
This evidentiary standard is applied during pretrial motions and at a preliminary hearing, requiring the prosecution to show that there is sufficient evidence for the case to proceed to trial.
What is Probable Cause.
This Supreme Court case established the requirement that a suspect must be informed of their rights to silence and counsel before interrogation.
What is Miranda v. Arizona.
True or false (AND EXPLAIN WHY): The Fifth Amendment right against self-incrimination can only be invoked in criminal trials.
What is false? (It applies in any proceeding—criminal, civil, administrative—where testimony could later be used criminally.)
What is the definition of Criminal Procedure?
What is the set of rules governing the conduct of proceedings through which the government enforces substantive criminal law, including police investigation, arrests, searches, motions, hearings and trials, sentencing, and post-trial motions.
This allows trash to be searched by police officers without a warrant.
What is the Third Party doctrine.
This allows Police officers to conduct protective sweeps of adjacent rooms/areas/vehicles.
What is a Search Incident to a Lawful Arrest.
The Fifth Amendment privilege applies only to this kind of testimony.
What is compelled testimonial communication.
The privilege against self-incrimination does not extend to this kind of evidence, even if it is incriminating.
What is non-testimonial evidence (e.g., fingerprints, handwriting, blood samples, voice exemplars).
What are the four factors in determining if something is within ones curtilage?
What is
1. The proximity of the thing to the dwelling.
2. Whether the thing is within an enclosure surrounding the home.
3. What the thing is used for.
4. What steps, if any, the resident took to protect the thing from observation/access by people passing by.
A <BLANK> is allowed when the government agent performing A <BLANK> has articulable facts that a person is or is about to be engaged in criminal activity.
What is a Terry Stop.
EXACT rule statement for a warrant [as if you were writing on your final exam essay, Good luck LOL]
What is Under the 4th Amendment government agents may search constitutionally protected areas as long as they have a valid warrant. a warrant is valid when:
1. There is Probable Cause.
2. Signed by a Neutral and Magistrate Judge.
3. and the warrant specifies with particularity the items or persons to be searched or seized.
What are the Miranda Rights, and what are the time constraints on those right?
1. the right to reminain silent
2. the right to have an attorney present during questioning
1. Substantial amount of time
2. 2 weeks
This is still admissible in court even if the defendant was never read his miranda rights.
What is the Murder Weapon.
What are the three factors courts consider when determining attenuation?
What is the temporal proximity of the illegal action by the officer to the discovery of the evidence, the presence of an intervening circumstance which breaks the chain of illegal action, and the purpose and flagrancy of the official misconduct.