Term
| What is the Attenuation Exception to the exclusionary rule? |
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Definition
| If a witness' contact information is found on a piece of illegally obtained evidence, we CAN use that witness! |
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Term
| What is the Impeachment of Defendant's Testimony exception to the exclusionary rule? |
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Definition
When you can dismiss the defendant's side of the story from evidence you found illegally
"I don't do drugs."
"NOPE. We found drugs! (albeit illegally)" |
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Term
| What are the 4 Exceptions to the Exclusionary Rule? |
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Definition
1.) Good Faith Exception
2.) Inevitable Discovery
3.) Impeachment of Defendant's Testimony
4.) Attenuation Exception |
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Term
| Explain that concept of "the poisonous tree" |
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Definition
| if piece of evidence A (tree) leads to piece of evidence B, then B is valid |
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Term
| What is the purpose for the Exclusionary Rule? |
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Definition
Deter police misconduct
Maintain the integrity of trial court |
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Term
| What is the Exclusionary Rule? |
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Definition
Any evidence obtained by law enforcement that is in violation of the 4th, 5th, or 6th Amendments is NOT admissible in a criminal trial to prove guilt
Evidence is therefore excluded from the case |
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Term
| What are the 3 Triggers where the Miranda Rights are required? |
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Definition
1.) Custody
2.) Subject to Interrogation
3.) Government Agent |
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Term
| Under what 3 Conditions may a suspect waive their Miranda Rights? |
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Definition
1.) They must waive them VOLUNTARILY
2.) They must waive them KNOWINGLY (understand consequences)
3.) They must waive them INTELLIGENTLY (general intelligence/education) |
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Term
| Why are the Miranda Rights so important? |
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Definition
The suspect needs to know that they have these crucial rights that can stop them from accidentally self-incriminating (5th)
The suspects are very vulnerable during this time and need to know these rights |
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Term
| Explain the Consent exception to the Warrant Requirement |
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Definition
If people consent to searches, cops don't need anything else to search the premises
Police DO NOT have to inform people that they can say "no."
Consent MUST be voluntary |
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Term
| Explain the Checkpoints exception to the Warrant Requirement |
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Definition
Sobriety Checkpoints are set up to randomly check for drunk driving because there is substantial government interest
Border Searches are important for safety and security - much higher surveillance after 9/11 |
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Term
| Explain the Automobile Searches exception to the Warrant Requirement |
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Definition
-Can search a vehicle if there is reasonable suspicion
Can search a vehicle incident to arrest
Can search a vehicle that has been impounded |
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Term
| Explain the Plain View exception to the Warrant Requirement |
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Definition
Police may examine/use as evidence anything that is open to plain view
Applies to all 5 senses! (smelling weed)
Can't flip a laptop over to check the ID |
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Term
| Explain the Exigent Circumstances exception to the Warrant Requirement |
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Definition
Can search/seize if there is a threat to public safety
Includes Hot Pursuits!
Applies when the police do not CREATE the exigency by engaging in or threatening to engage in conduct that violates the 4th Amendment |
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Term
| Explain the Searches Incident to Arrest exception to the Warrant Requirement |
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Definition
Meant to protect the officer's safety and the safety of the public
Ensures that evidence is preserved
Can search arrestee and immediate area around arrestee |
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Term
| What are the 7 Exceptions to the Warrant Requirement? |
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Definition
1.) Searches incident to an arrest
2.) Exigent Circumstances
3.) Plain View
4.) Automobile Searches
5.) Checkpoints
6.) Consent
7.) Probationers/Parolees |
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Term
| What are the 4 Warrant Requirements? |
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Definition
1.) Oath or Affirmation
2.) Probable Cause
3.) Must get permission from Judge or neutral magistrate
4.) Must provide specificity |
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Term
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Definition
| A brief interference that impedes someone's movement that stems from a reasonable suspicious (NOT HUNCHES) of criminal activity (probable cause) |
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Term
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Definition
| govt officials' examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy |
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Term
| reasonable expecatation of privacy |
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Definition
| the objective standard developed by courts for determining whether a govt intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from govt examination |
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Term
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Definition
| officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be |
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Term
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Definition
| situations in which police officers use their authority to deprive people of their liberty or property and that must not be unreasonable according to the 4th amendment |
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Term
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Definition
| govt officials' interference with an individual's freedom of movement for a duration that typically lasts less than one hour and only rarely extends for as long as several hours |
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Term
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Definition
| a police officer's belief based on articulable facts that would be recognized by others in a similar situation as indicating that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy |
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Term
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Definition
| Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others |
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Term
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Definition
| an amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime |
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Term
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Definition
| written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant |
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Term
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Definition
| U.S. Supreme Court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant |
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Term
| totality of circumstances |
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Definition
| flexible test established by the supreme court for identifying whether probable cause exists that permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant |
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Term
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Definition
| supreme court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity |
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Term
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Definition
| limited search approved by the supreme court in terry v ohio. that permits police to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activity |
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Term
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Definition
| decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested |
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Term
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Definition
| when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure. |
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Term
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Definition
| a permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place. |
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Term
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Definition
| judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search |
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Term
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Definition
| permissible warrantless search of a vehicle that has been impounded so that police can make a record of the items contained in the vehicle |
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Term
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Definition
| supreme court decision declaring that suspects must be informed of their rights to remain silent and be represented during questioning |
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Term
| "public safety" exception |
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Definition
| exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings when public safety would be jeopordized by their taking the time to supply the warnings |
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Term
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Definition
| the principle that illegally obtained evidence must be excluded from trial |
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Term
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Definition
| decision in which the 4th amendment was applied against searches by state and local police officers, but the exclusionary rule was not imposed as the remedy for violations of the 4th amendment by these officials |
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Term
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Definition
| decision that applied the exclusionary rule as the remedy for improper searches by state and local officials |
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Term
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Definition
| decisions applying the exclusionary rule as the remedy for improper searches by federal law enforcement officails |
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Term
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Definition
| exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission |
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Term
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Definition
| decisions announcing the "good faith" exception to the exclusionary rule |
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Term
| "inevitable discovery" rule |
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Definition
| supreme court ruling that improperly obtained evidence can be used when it would later have been inevitably discovered by the police |
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Term
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Definition
| legal decision in which the supreme court created the "inevitable discovery" rule to the exclusionary rule |
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