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19 Cards in this Set
- Front
- Back
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DUE PROCESS OF LAW
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According to the Fourteenth Amendment, a fundamental mandate
that a person should not be deprived of life, liberty, or property without reasonable and lawful procedures. |
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SELECTIVE INCORPORATION
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Supreme Court practice of incorporating the Bill of Rights
selectively, by identifying federal rights that are “implicit in the concept of ordered liberty” and applying them to states through the Fourteenth Amendment’s due process clause. SEARCH: Any governmental intrusion upon a person’s reasonable exception of privacy. |
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SEIZURE
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Exercise of control by a government official over a person or thing.
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CONSENT SEARCH
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Warrantless search conducted when the party to the search provides
“voluntary and intelligent consent” to police. |
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HOT PURSUIT
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Exception to the rule requiring police to have a warrant to conduct a search;
applies to cases of pursuit of vehicles and of suspects on foot. |
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PLAIN VIEW
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No warrant is needed to conduct a search when the fruits or instrumentalities of a
crime are plain view. |
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REASONABLE SUSPICION
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Suspicion (short of probable cause) that a person has been or may
be engaged in the commission of a crime. |
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FRISK
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Patting down a suspect’s clothing to search for concealed weapons, under reasonable
suspicion. |
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STOP AND FRISK
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Technique used by police to “pat down” a person suspected of being armed or
in possession of the instrumentalities of a crime. |
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EXIGENT CIRCUMSTANCES
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Certain emergencies that call for immediate action and therefore do
not allow time for a search warrant to be obtained. |
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ARREST
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Seizure of the person; the taking of a person into custody.
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PROBABLE CAUSE
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Set of facts that would lead a reasonable person to believe that an accused
person committed the offense in question; the minimum evidence requirement for an arrest, according to the Fourth Amendment. |
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ARREST WARRANT
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Written order from a court directing the police to effect an arrest.
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CUSTODY
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Suspect under or deprived of freedom in a significant way.
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INTERROGATION
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Explicit questioning or actions that may elicit an incriminating statement.
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EXCLUSIONARY RULE
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Rule prohibiting use of illegally obtained evidence in a court of law.
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FRUIT OF THE POISONOUS TREE
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Evidence obtained through illegally obtained evidence,
inadmissible because it is tainted by the illegality of initial search, arrest, or confession. |
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GOOD FAITH EXCEPTION
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Exception to the exclusionary rule in which evidence obtained by police
acting in good faith with a search warrant issued by a neutral and detached magistrate is admissible, even though the warrant is ultimately found to be invalid. |
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POLICE BRUTALITY
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Use of excessive physical force against another person (usually a suspect) by law
enforcement officers. |
