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10 Cards in this Set
- Front
- Back
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Legal Arrest
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to take hold of a suspected criminal with legal authority, as by a law enforcement officer. A legal arrest may be made based on a warrant issued by a court receiving probable cause that a person has committed a crime, upon probable cause to believe that a person has committed a crime, or for an apparent crime observed by an officer in plain sight.
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Exclusionary rule
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Designed to exclude evidence obtained in violation of the suspect’s 4th amendment rights of unreasonable search and seizure. Based on constitutional law that any evidence illegally obtained by a police officer in direct violation of a suspect’s right again this unreasonable search and seizure will be excluded from a criminal case in court.
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Legal search warrant
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Started by a Law Enforcement officer submitting evidence to a judiciary official to establish probable cause in belief that a warrant to search will yield criminal evidence. Evidence of crime includes the discovery of contraband, stolen property, or evidence of guilt by the examination of a place which can be used in the prosecution of a suspect.
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Custodial interrogation
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Questioning initiated by law enforcement officers following a person being taken into custody or and being taken into custody or any other form of deprivation of freedom in any way, thus requiring suspect to be advised of constitutional rights. Law enforcement officers have set rules in which they must follow when attempting to question suspects in which the Law enforcement officers have set rules in which they must follow when attempting to question suspects in which they have in custody due to Miranda vs. Arizona in 1966.
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"Terry" stops
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Originated in the landmark case Terry vs. Ohio in 1968, which dealt with the prominent issue of whether police should be able to detain a person and subject him to search for weapons without probable cause. The term “Terry Stop” is any stop of a person by police officers based upon reasonable suspicion, that a person may have engaged in criminal actions, where an arrest would require probable cause that the suspect did in fact commit the offence.
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Belton's Rule
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New York v. Belton (1981), was a United States Supreme Court case in which the Court held that when a police officer has made a lawful custodial arrest of the occupant of an automobile, the officer may, search the passenger compartment of that automobile.
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Seizure
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The forcible taking (Grasping, snatching) of property by a Law enforcement officer from a suspect who is suspected of violating, or known to be, violating a law. Unless in the case of a warrantless search and seizure, an officer must present a warrant for ones property in order to seize such items.
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Reasonable suspicion
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Legal standard of proof, less than probable cause, usually used to detain individuals who are thought to have committed a crime by an officer who has an inchoate suspicion or “hunch”. In Terry vs. Ohio, the U.S Supreme Court held that a person can be stopped briefly or detained by an officer on a reasonable suspicion of involvement in a crime. Also if an officer has a suspect detained under reasonable suspicion, he or she may frisk the suspect for weapons.
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Illinois vs. Wardlow
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Illinois v. Wardlow, is a case decided before the United States Supreme Court involving U.S. criminal procedure regarding searches and seizures. The question was is a person's sudden and unprovoked flight from identifiable police officers, patrolling a high crime area, sufficiently suspicious to justify the officers' stop of that person? The court held that a male sitting by oneself in a high crime area was not cause enough to detain this individual.
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Search incident to a lawful arrest
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Under this exception to the search warrant requirement, a search of a suspect is reasonable, and a search warrant is not required to do so, as long as a search is conducted as an incident to a lawful arrest. An arresting officer may search the suspect being arrested and the area that the suspect can reasonably get to in order to gain possession of a weapon or hide evidence in this area.
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