Chapter 12
To take a person suspected of a crime into custody
What is an arrest?
To “pat down” or search the outer clothing of someone whom the police believe is acting suspiciously
Stop and Frisk
Any items that are illegal to possess
Contraband
The formal process of making a police record of an arrest
Booking
A document by which a party asks the judge to make a decision or take some action before the trial begins
Pretrial Motion
A reasonable belief, know personally or through reliable sources, that a specific person has committed a crime
Probable Cause
Evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity; based less on evidences than probably cause, but more than mere hunch
Reasonable Suspicion
To question a witness or suspected criminal
Interrogate
A court session where a defendant is charged and enters a plea
Arraignment
A legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial; usually violations of the 4th, 5th, or 6th Amendment rights
Exclusionary Rule
Using common notions of what typical drug couriers look and act lie in order to be able to question a person without establishing individualized suspicion
Drug Currier Profile
A legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial
Exclusionary Rule
Giving evidence and answering questions that would tend to subject one to criminal prosecution
Self-Incrimination
A release from legal custody based on a defendant’s promise to show up for trial
Personal Recognizance
as used in discussing search and seizure, this is the argument for the use of the exclusionary rule
Judicial Integrity
To confirm information
Corroborate
A court order issued by a judge giving police the power to search a person or to enter a building to search for and seize items related to a crime
Search Warrant
Rights that a person taken into custody must be informed of by police before questioning begins
Miranda Warning
Pretrial proceeding where the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant
Preliminary Hearing
Measures taken to discourage illegal actions
Deterrence
A Latin term meaning “in good faith”; lack of fraud or deceit
Bona Fide
A written statement of facts sworn to or made under oath before someone authorized to administer the oath
Affadavit
Questioning by law enforcement officers after a person has been taken into custody
Custodial Interrogation
A group of 16 to 23 people who hear preliminary evidence to decide whether there is enough reason to formally charge someone with a crime
Grand Jury
In exchange for the defendant agreeing to plead guilty, the prosecutor agrees to charge the defendant with a less serious crime, which usually results in less punishment
Plea Bargaining