Arrest Procedure
Always put these on before searching someone.
What are gloves?
The document filed to formally charge someone with a crime.
What is a criminal complaint?
This side has the burden of proof in a criminal prosecution.
What is the Prosecution / People?
This side of the case will typically deliver arguements first.
What is the Prosecution?
This case established the requirement for police giving Miranda warnings.
What is Miranda v. Arizona? (1966)
A suspect needs this read aloud to them before they can be questioned.
What are Miranda Rights?
The document filed noting a witness' statement.
What is an affidavit?
The standard of proof required for an arrest.
What is Probable Cause?
The period of time someone can be held without being formally charged.
This case established the police's ability to frisk people during detainment.
What is Terry v. Ohio? (1968)
An illegal method of applying several charges for the same single offense.
What is charge stacking?
The document organizing all the evidence a side has.
What is an evidence exhibit?
The type of evidence required to bring criminal charges before trial.
What is prime facie evidence?
When the opposing side questions a witness to potentially attack their credibility.
What is Cross Examination?
This case established that everyone has right to be provided legal counsel in criminal cases.
What is Gideon v. Wainwright? (1963)
Only confiscate these if they were used in the commission of the crime.
What are Firearms / Guns?
The document indicating the defendant's pleadings and requests for bail in the pre-trial process.
What is a Waiver of Arraignment / WoA?
The legal doctrine allowing police officers to search a place without a warrant if they can see illegal activity through a window or open door.
What is the Plain View Doctrine?
The legal term for removing a witness found not to be credible.
What is Impeachment?
This case prohibited law enforcement from using evidence obtained during an illegal search.
What is Mapp v. Ohio? (1961)
When a police officer prevents someone from leaving an area without handcuffing them, they are considered to be in this state.
What is Detained / Detainment?
A special type of pre-trial motion filed with a judge to exclude certain evidence due to concerns about prejudice or irrelevance.
What is a Motion in Limine?
The standard of proof required for a civil conviction.
What is a preponderance of the evidence / more likely than not?
Along with the guilty act, this latin term describes what is required to criminally convict someone.
What is mens rea?
This case established the Aguilar-Spinelli test for deciding the credibility of informant tips.
What is Spinelli v. United States? (1969)