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Chapter 6
POLICE AND THE CONSTITUTION: THE RULES OF LAW ENFORCEMENT
25
Criminal Justice
Undergraduate 1
03/25/2012

Additional Criminal Justice Flashcards

 


 

Cards

Term

searches and seizures

Definition

 (p. 159) The legal term, as found in the Fourth Amendment to the U.S. Constitution, that generally refers to the searching for and the confiscating of evidence by law enforcement agencies

Term

probable cause

Definition

 

 (p. 159) Reasonable grounds to believe the existence of facts warranting certain actions such as the search or arrest of a person.

Term

exclusionary rule

Definition

 

 (p. 161) A rule under which any evidence that is obtained in violation of the accused individual’s rights under the Fourth, Fifth, and Sixth Amendments, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.

Term

fruit of the poisoned tree doctrine

Definition

 

 (p. 161) Evidence that is acquired through the use of illegally obtained evidence is therefore inadmissible in court.

Term

“inevitable discovery” exception

Definition

 

 (p. 161) The legal principle that illegally obtained evidence can be admitted in court if police using lawful means would have “inevitably” discovered it.

Term

“good faith” exception

Definition

 (p. 162) The legal principle, established through court decisions, that evidence obtained with the use of a technically faulty search warrant is admissible at trial if the police acted in good faith when they sought the warrant

Term

racial profiling

Definition

 (p. 164) The practice of targeting people for police stops based solely on their race, ethnicity, or national origin

Term

stop

Definition

(p. 164) A brief detention of a person by law enforcement agents for questioning.

Term

frisk

Definition

A pat-down or minimal search by police to discover weapons

Term
arrest
Definition
(p. 165) To take into custody a person suspected of criminal activity.
Term
arrest warrant
Definition
(p. 166) A written order, based on probable cause and issued by a judge or magistrate, commanding that the person named on the warrant be arrested by the police
Term
exigent circumstances
Definition
(p. 167) Situations that require police officers to take extralegal or exceptional actions.
Term
warrantless arrest
Definition
(p. 167) An arrest made without a warrant
Term
search
Definition
(p. 168) The process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial
Term
search warrant
Definition
(p. 169) A written order commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence
Term
affidavit
Definition
(p. 169) A written statement of facts, confirmed by the oath or affirmation of the party making it.
Term
seizure
Definition
(p. 171) The forcible taking of a person or property in response to a violation of the law.
Term
searches incident to arrests
Definition
(p. 172) Searches, for weapons and evidence, of persons who have just been arrested.
Term
consent searches
Definition
(p. 173) Searches by police that are made after the subject of the search has agreed to the action
Term
plain view doctrine
Definition
(p. 174) The legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence.
Term
electronic surveillance
Definition
(p. 175) The use of electronic equipment by law enforcement agents to record private conversations or observe conduct that is meant to be private.
Term
interrogation
Definition
(p. 178) The direct questioning of a suspect to gather evidence of criminal activity and try to gain a confession
Term
Miranda rights
Definition
(p. 178) The constitutional rights of accused persons taken into custody by law enforcement to remain silent and to have an attorney present during questioning
Term
custody
Definition
(p. 178) The forceful detention of a person or the person’s perception that he or she is not free to leave the immediate vicinity.
Term
custodial interrogation
Definition
(p. 178) The questioning of a suspect who has been taken into custody.
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