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Cr Law 12
Crim Law 12
Question | Answer |
---|---|
Self Incrimination | Giving evidence and answering questions taht would tend to subject one to criminal prosecution |
4th Amendment | Right to be free from unreeasonable search and seizure and tells when search warrants may be issued |
Search after an arrest | A search used when there is no warrant-search area immediately around the person arrested |
Affadavit | Sworn statement of facts or circumstances |
Warrant | Paper signed by a judge authorizing some action |
Exclusionary rule | Evidence seized in an unlawful search can not be used at a trial |
Drug Courier Profile | 17 to 21 yrs. old, black male, |
Search Warrant | Makes it legal to search a peraon or place |
Rules that must be followed when using a search warrant | *Date - must be used within time stated *Must be used during the day *Very specific as to what can be search |
How is an arrest warrant obtained? | First, a complaint is filed with a judge or magistrate, then the judge or magistrate decides if there is probable cause-if there is a warrant is issued |
Arrest warrant | Court order that names a person to be taken into custody |
Probable cause | Reasonable belief, known personally,through reliable sources that a specific person has committed a crime |
Miranda v. Arizona | Arrested for kndnapping & sexual assault-signed confession which was used to convict him, appealed his case-won-he was not read his rights |
Mapp v. Ohio | Case that made the exclusionary rule binding in the United States |
5th Amendment | *Right to remain silent *Can not be forced to testify against himself or herself *Government always bears the burden of proof |
Racial profiling | Inappropriate use of race as a factor in identifying people who break or have broken a law |
Border & Airport search | Done by customs agents and airport x-ray machines |
Hot persuit | Used when don not have warrant-Ex. entering a building a suspect entered is lawful and may be searched |
Plain view | Used when do not have warant-when items can be seen by an officer |
Reasons for the Exclusionary Rule | |
Reasons against the Exclusionary Rule | |
Plain view | When items can be seen by an officer-used when do not have a warrant |
Contraband | Items that are illegal to possess |
Vehicle search | Officer may conduct search of car when probable cause exists-probably cause exists if officer smells, sees, or hears something questionable-used when do not have a warrant |
Stop & Frisk | Pat down-do to suspicious person who is probably armed-used when do not have a warrant |
Consent | Person voluntarily agrees to search-used when do not have a warrant |
Emergency | Ex. bomb threat, screams, smoke-used when do not have a warrant |
Interrogation | Question a witness suspected of committing a crime |
Miranda Rights | Confession can not be used if obtained after lawyer denied, Confession can not be used if it is obtained without informing criminal of his rights, falure to give Miranda warning does not affect validity of arrest |
Arrest | Take a person suspected of a crime into custody |
Defense of infancy | Not yet legally responsible for his or her action-usually under 7 years of age |
Two methods used to take a person into custody | With a warrant(a court order) or warrantless (make arrest based on probable cause) |