Term
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Definition
Mapp v Ohio
-evidence collected or analyzed in violation of defendent's constitutional rights is sometimes inadmissable for criminal prosecution |
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Term
| fruits of the poisonous tree |
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Definition
| evidence obtained as a result of an earlier illegality must be excluded from trial |
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Term
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Definition
Nix v. Williams
if illegally obtained evidence would in all likelihood eventually have been discovered legally - it may be used |
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Term
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Definition
New York v. Quarles
no time to get a warrant, search must be performed |
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Term
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Definition
stop and frisk
-a frisk is warranted if officers believe that the person they have stopped might be armed and dangerous |
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Term
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Definition
MN v. Dickerson
if officer pats down and identifies contraband--warrantless seizure is justified |
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Term
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Definition
US v. Lueck
-sense other than sight or touch identifies contraband |
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Term
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Definition
| area to which extends the intimate activity associated with sanctity of someone's home and privacies of life |
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Term
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Definition
1) latent---visible/invisible that leaves residues
2) visible--dirty or stained
3) plastic--grease, plastic, butter, soap impressions |
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Term
| individual v. class characteristics |
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Definition
ind. --specific to certain things, ie wear patterns in screw driver
class--- size, brand, style |
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Term
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Definition
Miranda v. Arizona
right to remain silent, right to an attorney
-warning must be given to every suspect interrogated while in a custodial setting |
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Term
| interview v. interrogation |
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Definition
interview: more conversational, beginning stages, open ended questions
interrogation: person is a suspect, investigator dominates convo |
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Term
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Definition
Tennessee v. Garner- deadly force as a defense of life
Graham v. Connor- use of force must be objectively reasonable |
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Term
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Definition
objective is covert, discreet observation of people and places
types:
1) stationary
2) moving
3) aerial
4) video/electronic |
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Term
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Definition
Whren v. US
officers can stop vehicles to allay suspicions even though no evidence of criminal behavior exists
-objective reasonableness |
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Term
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Definition
| on-the-scene ID of a suspect by a victim/witness of the crime |
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Term
| what is criminal investigation |
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Definition
| the process of discovering and collecting evidence |
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Term
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Definition
| the method or operation in which the criminal commits something |
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Term
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Definition
Edmond Locard
no one can enter a scene without leaving a scene, nor leave without taking something |
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Term
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Definition
| brief records of what is seen or heard--used to write report |
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Term
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Definition
1) rough --pencil drawn
2) scale --finished
should include case identifier, date-time-location, personnel, weather and lighting |
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Term
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Definition
-general to specific, outside to inside
-marker or ruler used
-must be material, relevant, competent |
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Term
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Definition
| forbids unreasonable search and seizure |
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Term
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Definition
if any of the conditions are met...
-warrant issued
-consent given
-officer stops suspicious person
-incidental to lawful arrest
-emergency exists |
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Term
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Definition
| -automobiles may be searched without a warrant if probable cause is present and car would be gone before warrant is issued |
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