Term
|
Definition
| Proximity, Use, Structures, Steps taken to protect |
|
|
Term
|
Definition
| 4th amendment violation to place a GPS tracker without a warrant and monitoring is fruit of illegal search |
|
|
Term
|
Definition
| Gates test of credibility and reliability |
|
|
Term
|
Definition
| Reputation, Is tip against interest, whether nature of the tip is reliable |
|
|
Term
|
Definition
| Personal observation or participation, detail of information, whether the information could only have come from personal knowledge, corroboration |
|
|
Term
|
Definition
1. Must be supported by affidavit
2. Must have probable cause
3. Issued by a neutral and detached magistrate
4. Particularity in place to be searched or items to be seized |
|
|
Term
|
Definition
| Applies to suppress evidence gained as the result of a constitutional violation |
|
|
Term
| Exceptions to exclusionary rule |
|
Definition
1. Inevitable discovery
2. Independent source
3. Attenuation of the taint
4. Good faith |
|
|
Term
|
Definition
| Nix v. Williams - when the information would have been discovered anyway |
|
|
Term
|
Definition
Segura v. U.S. - evidence obtained after lawful search
Murray v. U.S. - evidence they knew about obtained after unlawful search |
|
|
Term
| Four areas where there is no good faith |
|
Definition
1. Affiant actually or recklessly gives false information
2. Affidavit is lacking in indicia of probable cause
3. Magistrate abandoned neutral role
4. Warrant is facially deficient in particularity |
|
|
Term
|
Definition
| Officer has good faith that executing the warrant is valid |
|
|
Term
|
Definition
1. Has to be more than simple negligence - must be systematic
2. Exclusion has to outweigh the social costs of exclusion |
|
|
Term
|
Definition
| probable cause has to be particularized to an individual on the premises |
|
|
Term
|
Definition
| any inference that everyone on the scene is a party to the crime once the guilty party is singled out must disappear |
|
|
Term
|
Definition
| protective sweep for confederates |
|
|
Term
| Search incident to arrest |
|
Definition
| Limited to wingspan - including containers |
|
|
Term
| Plain view doctrine (plain touch, plain smell) |
|
Definition
1. Police have to have lawful access
2. Not a result of a Fourth Amendment violation
3. Incriminating nature must be immediately apparent |
|
|
Term
|
Definition
1. Person must have a possessory interest in item seized
2. Reasonable expectation of privacy |
|
|
Term
|
Definition
| Never gives rise to reasonable suspicion or probable cause alone |
|
|
Term
|
Definition
| Whether at the time of the arrest facts and circumstances within the officers knowledge and of which they have trustworthy information were sufficient to warrant a prudent man into believing a person had committed or was committing a crime - around 50% |
|
|
Term
|
Definition
| around 30% - reasonable belief that someone has committed or is about to commit a crime |
|
|
Term
| Terry frisk of automobile |
|
Definition
| Allowed only when there is a reasonable belief that there are weapons |
|
|
Term
| Search incident to arrest in automobile |
|
Definition
Arizona v. Gant -
1. Only if occupant has access to the vehicle, for officer safety
2. Only if there is a reasonable belief there is evidence of the crime of arrest |
|
|
Term
|
Definition
A seizure that: is determined by
1. Length of detention
2. Place of detention
3. Must be supported by probable cause |
|
|
Term
|
Definition
| Significant interference with possessory interest or significant interference with freedom of movement |
|
|
Term
| When does a seizure occur? |
|
Definition
| When a reasonable person would not feel free to leave |
|
|
Term
| when does a confession violate due process? |
|
Definition
1. Did the police subject the suspect to coercion?
2. Was the coercion sufficient to overcome the person's will? |
|
|
Term
| Difference between compulsion and coercion |
|
Definition
| Compulsion only makes it difficult for someone to assert their right to silence - Coercion is extreme enough to undercut someone's will |
|
|
Term
|
Definition
1. When freedom of movement is deprived in a significant way (length and location)
2. Direct questioning or making statements designed to deliberately elicit an incriminating response |
|
|
Term
|
Definition
1. Right to remain silent
2. Know that any statements will be used in court
3. Right to an attorney
4. Attorney will be provided if you cannot afford one |
|
|
Term
|
Definition
| Right against self-incrimination, due process of law |
|
|
Term
|
Definition
| Right against unreasonable search and seizure, warrant requirements |
|
|
Term
|
Definition
|
|
Term
|
Definition
Factor test for determining reliability -
1. Opportunity of witness to view the criminal at the time of the crime
2. Degree of attention paid by the witness
3. Accuracy of prior description
4. Level of certainty
5. Time between the identification and confrontation |
|
|
Term
| 5th Amendment violation during identification |
|
Definition
| When there is "unnecessary suggestiveness" so as to give rise to a substantial likelihood of misidentification - makes the in-court and out-of-court ID inadmissible; but suggestive identification is admissible if reliable |
|
|
Term
| Sixth Amendment violation during identification |
|
Definition
| Line-up is a critical stage and counsel should be present, makes the out-of-court Id inadmissible, but the in court ID is admissible if there is independent observation |
|
|
Term
|
Definition
| If there is probable cause to believe there is contraband in the vehicle, it can be stopped and searched without a warrant |
|
|
Term
|
Definition
1. Immediate destruction of evidence
2. Hot pursuit
3. Officer injury or inure to others
4. Prevention of escape |
|
|
