Term
| Fourth Amendment stops (Terry Stops) |
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Definition
| Brief on the stop detention that freeze suspicious so that police can determine whether to investigate further |
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Term
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Definition
| totality of articulable facts and circumstances that would lead an officer, in light of training and experience to suspect a crime may be afoot |
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Definition
| the balance between the power of government and the rights of individuals |
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Definition
| discretionary professional judgements based on training/experience to conform to constitution |
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Definition
| a case to determine whether evidence should be thrown out due to constitution violation |
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Term
| Objective basis requirement |
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Definition
| Facts, not hunches have to back up police invasions of individual liberty and privacy |
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Term
| Reasonable expectation of privacy test |
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Definition
| 4th amendment protects persons not places when have an expectation of privacy that society is prepared to recognize |
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Term
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Definition
| evidence obtained by officers ordinary senses of seeing, touching, and hearing, and where they have a right to be is not a search |
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Definition
| reasonable person would not be free to leave |
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Term
| Show of authority seizures |
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Definition
| submissions to the display of official force |
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Definition
| once over lightly pat down outer clothing by offices to protect themselves |
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Term
| Violent crime-automatic frisk exception |
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Definition
| facts that back up a stop don't automatically also back up a frisk, except when suspects are stopped for crimes of violence |
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Term
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Definition
| facts that would lead a reasonable person to believe that a crime has, is being, or is about to be committed |
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Definition
| secondhand evidence not coming from the personal knowledge of witnesses but from repeating what they have heard other say |
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Definition
| circumstance requiring prompt action which eliminates the warrant requirement |
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Definition
| restraint capable of producing death |
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Term
| Particularity requirement |
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Definition
| warrant must identify the person or place to be searched and the items or persons to be seized |
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Definition
| police must knock and announce their presence before entering a home to search it |
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Term
| Voluntariness test of consent searches |
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Definition
| a test in which the totality of circumstances to determine whether waivers and confessions were voluntary |
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Term
| Apparent authority third- party consent to search |
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Definition
| individual about whom it is reasonable to believe has authority to consent to search |
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Definition
| government inspections and other regulatory measures not conducted to gather criminal evidence |
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Definition
| to protect property for safety of police and to prevent claims against police |
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Definition
| searches at international borders are reasonable without probable cause warrants, because the government interest in what and who enters the country outweighs the invasion of privacy of persons entering |
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Definition
| government stands in place of parents and has legal authority to search during school hours and activities |
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Definition
| the questioning that occurs after the police have taken suspects into custody |
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Definition
| deprived of freedom of action in any significant way |
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Definition
| the rule that Miranda warnings need not be administered if doing so would endanger the public |
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Term
| “Functional equivalent of a question” test |
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Definition
| words and actions reasonably likely to elicit incriminating response meant to invoke response |
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