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10 Cards in this Set
- Front
- Back
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Miranda warning |
he has the right to remain silent if he makes a statement it can be used against him in court he has the right to the counsel of an attorney and to have the attorney present at time of questioning. if he cannot afford an attorney, one will be appointed by the state. given during custodial interrogation prevents coercion |
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fourth amendment search and seizure law |
search and seizure requirement must have a warrant to be lawful officer must request warrant from court officer must submit an affidavit establishing proper grounds for the warrant. warrant must state the place to be searched and the property to be seized must meet probable cause requirement simply: free from unreasonable search and seizure must have probable cause warrant requirement |
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warrant requirement ins constitution |
shall only be issued upon finding of probable cause signed by oath or affirmation particularly describing the place to be searched and/or the property to be seized warrant has to specify what they are looking for |
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search probable cause |
evidence that a crime was committed and evidence that it is in that location beyond a reasonable doubt.
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seized probable cause |
evidence that this person committed the crime officer has to describe probable cause in writing and signed under oath or affirmation must particularly describe place to be searched or evidence to be seized. has to describe what they are looking for |
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fifth amendment |
grand jury, double jeopardy, cant be compelled to testify against themselves in a criminal case against themselves (self-incrimination) would require them to be a witness against themselves. not deprived of life, liberty, property without due process of law. preliminary hearing serves the same purpose led to miranda v arizona |
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search and seizure general rules |
to search requires a warrant |
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exceptions to the warrant requirement |
supreme court ruled you can search without a warrant when 1. search incident to a lawful arrest limits within the persons wingspan justified by officer safety. 2. stop and frisk-terry search-terry v ohio must have reasonable suspicion must be able to articulate to judge justification of stop. lightly pat down clothing cant go under clothes can only reach further if they feel a weapon. must have reasonable suspicion vs probable cause 3. automobile-your own home is reasonable expection of privacy-the spectrum of right to privacy reduced in vehicle officer can stop you officer can search car cannot search containers must be visible, accessible, have reasonable suspicion 4. you have given consent- officer free to ask to search if enough suspicion to justify warrant then they can get a warrant. 5. plain view limitations legally where they see it items that he is looking for has to be clearly illegal or obviously illegal 6. exigent circumstances emergency destruction of evidence
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problems with warrant and no warrant |
evidence can be excluded and can be thrown out in trial.
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exclusionary rule |
general rule for violating fourth amendment rights. exceptions: 1. good faith 2. mistakes 3. independent untainted source 4. inevitable discovery. |
