Search And Seizure
Before an officer can search an individual, they must first establish...
What is Probable Cause
The 4th amendment protects against what?
Unreasonable search and seizures.
A court order commanding a person to be taken into custody is an
What is an Arrest Warrant?
Miranda v Arizona established what procedure?
The reading of one's Miranda Rights after being arrested and before being interrogated.
What percentage of trials are settled by plea bargaining?
90-95%
True or False: If law enforcement has reasonable suspicion that a person is engaged in criminal activity, an officer may stop and question a person.
True
Which amendment protects against excessive bail?
8th Amendment
The defendant is formally charged and enters a plea (guilty, not guilty, or no contest).
What is an Arraignment?
This amendment says you can't be punished without a fair process.
What is the Fifth Amendment?
Sum of money given in exchange for temporary release from jail. Money is seen as a guarantee that the person will appear for trial.
What is Bail?
Evidence that was obtained through illegal measures cannot be used in trial against the defendant.
What is the exclusionary rule?
This amendment protects the privilege against self-incrimination
What is the 5th amendment
The court decides if the defendant can be released on bail and, if so, sets the bail amount.
What is a Bail Hearing?
Failure to be read one's Miranda rights means that...
Statements made by a defendant cannot be used against him or her at trial
True or False: The Fifth Amendment includes the right to due process, which means the government must follow fair procedures before taking someone's life, liberty, or property.
True
Give some examples of when an officer does NOT need a warrant to conduct a search or seize an item
Individual consents to search
When an officer is in hot pursuit
When an object is in plain view
Under emergency/immediate circumstances
This amendment guarantees the right to a lawyer and numerous rights regarding trial
What is the Sixth Amendment
This right lets you have people come to court to help tell your side of the story
What is the Right to Call Witnesses?
True or False: The Fifth Amendment protects against double jeopardy, meaning you can't be tried twice for the same crime.
True
What are some of the requirements needed to be met before a warrant is issued?
Probable Cause
All areas to be searched/items to be seized must be specifically described
Must be issued by a judge
This amendment guarantees due process of law to everyone and incorporated the bill of rights to the state courts.
The 14th Amendment
Negotiations between the defense and prosecution to reach a plea agreement and potentially avoid going to trial.
What is Plea Bargaining?
This amendment gives you the right to a speedy and public trial by an impartial jury.
What is the Sixth Amendment?
True or False: Personal recognizance (PR Bond) requires the defendant to pay a small fee instead of bail to be released from custody.
False: Personal recognizance means the defendant is released without having to pay any fee or bail, based solely on their promise to appear in court.