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 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 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.
If a person is accused of a crime and can’t afford a lawyer, the Sixth Amendment guarantees this right.
What is the right to have an attorney provided?
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.
What do you call a lawyer with an IQ of 60?
What is "Your Honor"
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.)
The Sixth Amendment right to counsel formally attaches at this stage of a criminal proceeding.
What is the Arraignment
This allows trash to be searched by police officers without a warrant.
What is the Third Party doctrine.
After lawfully arresting a suspect inside a home, police officers conduct a quick search of adjacent rooms to check for individuals who may pose a threat to their safety. What legal doctrine justifies this type of limited search?
What is a Protective Sweep.
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).
This Sixth Amendment right allows a defendant to be present and hear the witnesses testifying against them.
What is the right to confront witnesses?
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.
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.
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.
The Sixth Amendment guarantees this right, which allows the defendant to force witnesses to appear and testify in their favor.
What is the right to compulsory process (or the right to subpoena witnesses)?