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Search and Seizure
Probable Cause
Arrest
Policy and Procedure
Legal
100
That it is more likely than not that a crime has been committed by the person whom a law enforcement officer seeks to arrest: depends on what the officer knew before taking action.
What is probable cause?
100
A detention without probable cause that is factually indistinguishable from an arrest.
What is a de facto arrest
100
A statement of principles that guide decisions.
What is a policy?
100
Conditions surrounding an emergency situation in which no time is available to secure an arrest or search warrant.
What are exigent circumstances?
200
Evidence obtained as the result of an earlier illegality is inadmissable as evidence and must be excluded from trial.
What is fruit of the poisonous tree?
200
One in which law enforcement officers briefly detain a suspicious person for questioning and pat down the person's outer clothing to ensure that the person is not armed.
What is stop and frisk?
200
A complete lack of physical resistance.
What is compliance
200
Step by step instructions for carrying out a specific task.
What are procedures?
300
Because automobiles are mobile, officers may search them without a warrant if they have probable cause to believe the car contains evidence of a crime.
What is the Carroll Doctrine?
300
A brief feeling of a person's outer clothing to determine if a weapon is present.
What is a pat down?
300
The official taking of a person into custody to answer criminal charges; involves at least temporarily depriving the person of liberty and may involve the use of force.
What is an arrest?
300
Deals with process or how the law is applied.
What is procedural law?
300
Courts cannot accept evidence obtained in illegal searches, regardless of how relevant the evidence of the case is.
What is the exclusionary rule?
400
Brief detention of a suspicious person by law enforcement for questioning.
What is a stop?
400
That it is more likely than not that a crime has been committed by the person whom a law enforcement officer seeks to arrest: depends on what the officer knew before taking action.
What is probable cause?
400
A policy stating that in the interest of officer safety, all persons arrested and transported shall be handcuffed; it disregards the fact that handcuffing is a form of force and should be used only if the situation warrants.
What is mere handcuff rule?
400
Created as an exception to the exclusionary rule to allow evidence to be admissible even if seized in violation of the Fourth Amendment.
What is inevitable discovery doctrine?
500
A house and the area immediately surrounding it?
What is curtilage?
500
A term describing evidence that is not concealed, that is easily seen by officers.
What is plain view doctrine?
500
A type of strangulation that results of a person's body position interferes with breathing.
What is positional asphyxia?
500
Almost limitless variations of contacts between the public and the police, ranging from no contact to incarceration and the death penalty.
What is Continuum of contacts
500
The fundamental principle of American justice that requires notice of a hearing or trial that is timely and that adequately informs the accused persons of the charges; it also gives the defendant an opportunity to present evidence in self-defense before a court.
What is Due Process