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| a practice of law that deals with constitutional issues and civil rights |
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- religion
- speech
- press
- peaceful assembly
- to petition the government for a redress of grievances
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| 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. |
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| specific articulated facts that would lead a reasonable and prudent person of ordinary of ordinary caution to believe that a crime has been committed and that the defendant is responsible party |
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| how probable cause is established |
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Definition
- ofc observation
- other sources
- patterns of crime behavior
- training and experience
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| to deprive a person of his liberty by legal authority |
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Term
| who can issue an an arrest warrant |
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Definition
| judge magistrate clerk (circuit,gd,jdc) |
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| requirements for a valid arrest warrant |
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Definition
- be directed to an appropriate officer or group of officers
- describe the offense charged with reasonable certainty and be supported by probable cause
- be singed by the issuing officer under oath
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Term
| executing an arrest warrant |
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Definition
the ofc executing the warrant must endorse the date of execution and return it to the judicial ofc
the person must be found and told the charges and given a copy of the warrant they must be brought before a judicial official who ca grant bail |
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| ofc can only make an arrest out of their jurisdiction in hot pursuit |
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| arresting without an warrant |
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Definition
- when the crime is committed in front of the ofc
- probable cause he has committed a felony
- motor vehicle theft
- when an odc has received a radio message that they have a warrant on file
- when they have testamentary or video evidence
- hot pursuit ( anyone who escapes or runs from an officer can be arrested where ever they stop
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Term
| summons in lieu of arrest |
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Definition
a written notice to appear in court at a stated time and place to answer for an offence charged in the summons
- only for misdemeanor
- can be given by a magistrate when they believe the person will show up in court
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ofc must wittiness a crime
badge must be displayed and must be in your jurisdiction |
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Definition
a breife and cursory holding and questing of someone
- still need probable cause
- no Miranda
- length and means must be limited
- can involve pat down
- can detain for ofc saftey
- not free to leave but not under arrest
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Definition
depriving someone of liberty of legal authority
- not free to leave and can be questions
- Miranda
- searched and car serch depending on location of arrest
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| when a warrant has been executed it must be returned in 3 days is must have date time and ofc signature and must have an ofc under oath must list all property seized |
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exigent circumstances is the american law of criminal procedure allows an officer to enter without a warrant
imminent danger
destruction of evidence
a suspect will escape |
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| the means which facts are established in a trial |
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real-(demonstrative or physical) evidence consist of data other than documents that can be perceived by the seances or exam-ed by a lab
docuumentry - consists of writing that proves facts true |
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| refers to the document or paper trail showing seizure custody control and transfer and destruction of the evidence |
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must have legal relevance
must have logical relevance
quality of evidence over quantity |
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Definition
Hudson vs Palmer 1984
no expectation of privacy inmate dose not to be present for search |
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