Stop and Frisk

Search of outer layers of clothing; does not require probable cause, but requires reasonable suspicion.

Warrant

A court order issued by a judge authorizing a (1) search, (2) an arrest, and/or (3) a seizure of evidence.

Search

Any governmet intrusion of something considered private.

Seizure

Any taking into possession, custody, or control; includes arrest.

4th Amendment

"The right of a person to be secure on their person, in their homes, papers, and effects against unreasonable search and seizure."

No search and seizure without consent to do so.

Probable Cause

Strong enough evidence that an independent, cautious person would have good reason to beleive it;

a legit reason that a reasonable person would understand.

Exclusionary Rule

No illegally seized evidence (evidence collected in violation of the defendent's reights) may be used in court.

Criminal Procedure

Procedures for arrests, trials, and appeals.

It sets out the rules for processing someone throught the legal system.

5th Amendment

"No person shall be compelled in any criminal case to be a witness against himself."

 A person doesn't have to incriminate himself.

Double Jeopardy

The prosecution of a person twice for the same offense.

Criminal Law

Law that defines which acts are illegal and legal.

The 2 Conflicting Goals

of the Justice System

1.) Protecting society from criminals.

2.) Protecting the consitutional rights of those being

      processed through the system.

Time Frame for Executing a Warrant

72-96 hours

Hot Pursuit

When an officer is chasing an individual and visually sees where the individual goes, the officer has the right to follow them in.

Miranda vs. Arizona

Landmark case where the Supreme Court laid down clear guidelines for the police and courts to follow with regard questioning and confessions.

(Established Miranda Warnings: right to remain silent, anything said will be used in court, right to an attorney, can't afford one- court will appoint one)

Sources of Criminal Procedure

-Federal/state statutes

-Court of Appeals decisions

-US/state constitutions

What are three areas that do not fall under definition of search?

• Plain view (police in a place with legal right sees something in plain sight.)
•  Open fields (porperty away from a residence, i.e. farm.)
• Abandoned propety (trash, disregarded property)