Term
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Definition
| When officer, by physical force or show of authority, restrains freedom of movement. No seizure without actual submission. |
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Term
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Definition
| Whether a reasonable person would believe he was not free to leave |
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Term
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Definition
| A search occurs when governmental conduct violates a reasonable expectation of privacy |
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Term
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Definition
1) Issued by neutral and detached magistrate
2) based on probable cause
3) supported by oath or affidavit
4) describe places to be searched and items to be seized |
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Term
| Challenge to facially valid warrant |
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Definition
1) Affidavit contains false statements made knowingly or with reckless disregard for truth
2) False statements were necessary to find probable cause |
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Term
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Definition
| A limited and temporary intrusion on an individual's freedom of movement, short of full custodial arrest. |
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Term
| When is Terry stop justified |
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Definition
| On reasonable suspicion based on articulable facts that detainees were involved in criminal activity. More than vague suspicion but less than probable cause. |
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Term
| Reliance of reasonable suspicion (Terry) on tip |
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Definition
| Only if tip is accompanied by sufficient indicia of reliability |
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Term
| Fifth amendment protection in custodial interrogation context |
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Definition
| Incriminating statements obtained during custodial interrogation may not be used at trial unless police provided procedural safeguards to secure 5th privileges |
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Term
| When is interrogation "custodial" |
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Definition
| A formal arrest or restraint on freedom of movement to the degree associated with formal arrest |
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Term
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Definition
| A reasonable person would believe he is not free to leave |
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Term
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Definition
| Not only express questioning, but any words or actions police should know are likely to elicit an incriminating response |
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Term
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Definition
1) right to remain silent
2) statement may be used in court
3) right to consult attorney
4) attorney will be appointed |
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Term
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Definition
| Confers rights to individuals against unreasonable searches and seizures |
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Term
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Definition
| Reasonable, articulable suspicions of violation of the law |
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Term
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Definition
| That no person shall be compelled to be a witness against himself |
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Term
| What is the Miranda standard |
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Definition
| Statements obtained as a result of custodial interrogation may not be admitted unless police provided procedural safeguards |
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