Term
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Definition
1. The Right against unreasonable searches and seizures
2. No arrest without probable cause |
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Term
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Definition
1. the right against self-incrimination
2. the right against double jeopardy
3. the right to due process of law
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Term
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Definition
1. the right to a speedy trial
2. right to know charges
3. right to a jury trial
4. right to cross-examine witnesses
5. right to compel witnesses on one's behalf |
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Term
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Definition
1. right to reasonable bail
2. right against excessive fines
3. right against cruel and unusual punishmen |
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Term
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Definition
1. right to due process of the law
2. applicability of constitutional rights to all citizens |
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Term
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Definition
| Weeks was suspected by fed gov of using US mail to sell loterry tickets. He was arrested and they went to his hom and searched for evidnece. Seized evidence, took items that were personal (clothes, papers, books, candy) Judge ordered personal property to be returned. Weeks found guilty, but lawyer appealed and argued that if some of his belongings were taken illegally, then it was all tkaen illegallt. ct agreed and overturned the conviction. |
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Term
| Silverthorne Lumber Company vs US 1926 |
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Definition
| Silverthorne and sons operated a lumber company and were accused of avoiding paying taxes. they were asked to turn over their books. invoking their right not to incriminate themselves, they refused. without a warrent, the federal agents conducted a search and confiscated the books. photocopies were made, they were convicted. but appealed the conviction, and became known as fruit of the poisonous tree doctrine: evidence derieved from illegal seizueres cant be used |
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Term
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Definition
-suspected of harboring a fugitve
-searched house without warrant
-found porn
-found guilty
-appealed: police conducted illegal search without warrant' should not have found the porn b/c looking for a person
-court agreed
-all police need warrants
-elephant in a match box doctrine |
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Term
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Definition
-plain clothes officer watching business
-two men suscipious of casing store
-from officer's experience, it seemed they were going to rob the place
-officer patted down terry
-felt large hard object in pocket
-pulled out a gun
-terry and accomplice arrested
-terry claimed search illegal
-supreme ct: frisk is not a search; officer had an articulable suspicion, not just a hunch; officer had probable cause to reach into pocket based on previous experience of feeling guns |
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Term
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Definition
-escubedo arrested for murder without warrant and interrogated
-told it would be best if he confessed
-told police he wanted an attorney
-police said it wasn't possible once the interrogation had begun
-attorney not permitted to see escobedo
-escubedo admitted and later convicted of murder
-appeal: denied right to counsel; ct agreed |
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Term
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Definition
-miranda charged with kidnapping and rape
-two hour interrogation, he signed a confession
-cts appealed; interrogation without notification of rights or counsel unfair
-defendent must be warned he has right to remain silent, right to attorney
-after warnings, individual may waive these rights
-unless rights are offered, no evidence can be used
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Term
| important aspects of miranda decision |
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Definition
-requires set of warnings if subjected to an interrogation
-valid waiver must be given voluntarily, knowingly, and intelligently
-accused may refuse at any time during interrogation to exercise privileges under Miranda |
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Term
| interrogation requirement: miranda |
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Definition
-interrogation: questions initiated by law enforcement
-spontaneous utterance: statement made freely and voluntarily without compelling influence is admissible
-no requirement for a police to stop someone who wants to confess to give warnings |
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Term
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Definition
-must be given when accussed is in custody and about to interrogate
-does not appl to general on the scene questions
-need not be word for word
-m |
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Term
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Definition
-chime suspect in robbery of a coin shop
-police were let in by chimel's wife
-arrested chimel
-chimel denied police right to search
-police searched and found coins
-ct ruled: during an arrest, police may search the defendant and physical area within easy reach (lunge rule)
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Term
| chimel v cali--ct established reasons for a valid search without a warrant: |
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Definition
-protect the arresting officers
-prevent evidence from being destroyed
-keep defendent from escaping
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Term
| chimel v cali search is illegal when: |
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Definition
-goes beyond the defendany and area within defendatn's immediate control
-it is conducted for other than valid reason |
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Term
warrants are not required (7):
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Definition
-plain view
-car wreck; police have to conduct a complete inventory
-emergency searches: threat to life, escape of subject, destruction of evidence
-incidental to arrest
-open areas/greenhouses
-abandonded materails and refuse |
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