SEARCH AND SEIZURE
Constitutional Amendments
MIRANDA
MISC
COURT CASES
100
A written order, issued by a judge permitting law enforcement officer to conduct a search of a particular place and things to be seized.
What is search warrant?
100
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is fourth amendment?
100
The Right to Remain Silent, Right to an Attorney, Right to Have an Attorney Appointed for You, Anything you Say Can be Used Against You.
What are Miranda Rights?
100
The prosecution's burden of proof in a criminal case.
What is proof beyond a reasonable doubt?
100
This case applied the exclusionary rule to the states?
What is Mapp v. Ohio?
200
The standard that police must abide by in order to arrest an individual.
What is Probable Cause?
200
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
What is the the sixth Amendment?
200
Knowing , Intelligent and Voluntary
What are the requirements for a valid waiver of miranda rights?
200
A secret proceeding using a probable cause standard to determine if their enough evidence to charge an individual with a crime.
What is a grand jury proceeding?
200
This case created the Exclusionary rule in 1914.
Weeks v. U.S.
300
plain view consent search incident to an arrest exigent circumstances
What are searches without a warrant?
300
“no person . . . shall be compelled in any criminal case to be a witness against himself”
What is the fifth Amendment?
300
The Constitutional Amendments that are the source of Miranda Rights
What is the 5th and 6th Amendments?
300
Remedy to suppress evidence unlawfully seized?
What is the exclusionary rule?
300
Lethal force can be used when law enforcement officer possesses probable cause to believe that the suspect possess a significant threat of physical injury to the officer.
What is Tennessee v. Garner?
400
This rule states that if the police were sure to have discovered the evidence in some other manner regardless of the illegal seizure, the evidence can be admitted.
What is the inevitable discovery rule?
400
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is the Eight Amendment?
400
"In custody" and "questioning."
What are the two requirements for Miranda rights to apply?
400
bonus +100 The police may ask questions reasonably prompted by a concern for the public safety
What is the public safety exception to Miranda?
400
BONUS +100 Granted defendants the right counsel in misdemeanor cases.
What is Gideon v. Wainwright
500
Good faith, Inevtiable discovery
What are exceptions to the exclusionary rule?
500
Bonus+100
What is second Amendment?
500
The Supreme court case that created the Miranda Rule
What is Miranda v. Arizona?
500
Secondary evidence obtained by the police as result of an illegal search.
What is fruit of the poisonous tree?
500
The supreme court case that created the stop and frisk rule
What is Terry v. Ohio?