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33 Cards in this Set

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1983 Suit

A type of lawsuit originating under Section 1983 of Title 42 of the United States Code that allows people to sue government employees for violating their constitutional rights.

Affidavit

A written or printed statement made under oath.

Arrest Warrant

A written order, issued by a judge, commanding any law enforcement officer within the court's jurisdiction to take the named person into custody and bring them before the court.

Automobile Search

A type of search that requires probable cause as specified by the Fourth Amendment, but is exempt from the general warrant requirement of the Fourth Amendment.

Brown v. Mississippi (1936)

Prohibited the use of torture as a means of obtaining confessions by the police.

Consent Search

A type of police search that relies on the knowing and voluntary waiver of the Fourth Amendment rights of the person being searched.

Escobedo v. Illinois (1964)

A ruling by the SCOTUS that criminal suspects have the right to have a lawyer present at police interrogations.

Exigent Circumstances Exception

An exception to certain procedural protections based in the idea that the public safety comes ahead of individual liberties.

Fleeing Felon Rule

Common law rule that police could use deadly force to stop a person known to be a felon from getting away.

Hot Pursuit Search

A warrantless but lawful search of premises for a person actively evading a police pursuit.

Inevitable Discovery Exception

An exception to the exclusionary rule that allows illegally obtained evidence to be used in court if it would have been found legally anyway.

Knock and Announce

A common law rule incorporated into the Fourth Amendment that requires officers to knock and announce their identity as police officers before entering a person's home to serve a search warrant.

Mere Hunch

An intuitive feeling that a suspect is engaging in criminal activity, but no specific evidence can be articulated.

New York v. Quarles (1984)

A landmark SCOTUS decision in which the Court established a public safety exception to the Miranda warnings.

Nix v. Williams (1984)

A landmark SCOTUS decision in which the Court established an "inevitable discovery exception" to the exclusionary rule.

No-knock Warrant

A special type of warrant that waives the knock and announce requirement.

Open Fields Doctrine

A legal doctrine holding that a warrantless search outside the curtilage of the home is not a violation of the property owner's Fourth Amendment rights.

Particularity Requirement

A Fourth Amendment principle that requires officers to clearly and precisely describe the place to be searched and the things to be seized in order for a search warrant application to be approved by a magistrate.

Plain View Doctrine

An exception to the search warrant requirement that allows an officer to seize contraband when the contraband is seen from a place where the officer has a lawful right to be.

Police Brutality

The use of force by police in excess of what is reasonably necessary to accomplish a legitimate criminal justice purpose.

Primary Aggressor

The most significant contributor to the violence in a domestic violence situation.

Public Safety Exception

An exception to the Miranda warning requirements in situations where the public safety demands the police ask questions immediately, such as the location of a dangerous weapon that may cause harm to someone.

Reasonable Person Test

A test of reasonableness based on how a typical person, with ordinary prudence, would act in certain circumstances.

Reasonable Suspicion

An evidentiary standard falling between a mere hunch and probable cause.

Remedy

Court enforcement of some right.

Right to Remain Silent

Comes from the Fifth Amendment's protection from compelled self-incrimination.

Rules of Criminal Procedure

Rules promulgated by the SCOTUS that govern how federal criminal prosecutions are conducted.

Sixth Amendment

A Constitutional Amendment that contains several clauses dealing with the rights of accused persons.

Stop and Frisk

A "pat down" search of a person for weapons; only lawful if the officer has reasonable suspicion to believe the suspect is armed.

Tennessee v. Garner (1985)

A landmark SCOTUS decision where the Court invalidated a Tennessee statute that codified the fleeing felon rule.

Terry Stop

A "pat down" search of a person for weapons; only lawful if the officer has reasonable suspicion to believe the suspect is armed.

U.S. v. Leon (1984)

A landmark SCOTUS decision in which the Court created the "good faith" exception to the exclusionary rule.

Weeks v. U.S. (1914)

A landmark SCOTUS decision that established the exclusionary rule in federal courts.