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Tina
| Question | Answer |
|---|---|
| purpose of all laws | orderly society |
| individual vs. individual in court | civil laws |
| society vs. individual in court | criminal laws |
| establishes three branches of government | constitution |
| protects individuals rights | bill of rights |
| freedom of speech/relgion | 1st amendment |
| right to bear arms | 2nd amendment |
| protects against unreasonable government searches and seizures | 4th amendment |
| protects against self incrimination | 5th amendment |
| trial rights of accused | 6th amendment |
| bail/prevents cruel punishment | 8th amendment |
| makes 4th 5th 6th applicable to states | 14th amendment |
| process to protect individuals rights from government conduct | due process |
| highest court in land | u.s supreme court |
| felonies, misdemeanors, and violations | offenses |
| felonies and misdemeanors | crimes |
| over 1 year in jail for conviction | felony |
| between 15 days and 1 year sentence | misdemeanor |
| 15 or less days in jail for conviction | violation |
| to determine if search constitutional | mapp hearing |
| to determine constitutionality | huntley hearing |
| suppresses unconstitutionally seized evidence | exclusionary rule |
| assures accused returns to court | bail |
| citizens review to indict | grand jury |
| issued by judge on p.c | search warrant |
| search without a warrant | per se unconstitutional |
| specific place or item in s.w | particularity |
| 50% ea. basis of knowledge/ reliability | aguilar/spinelli s.w test |
| new test foe s.w on confid. information | totality of circomstances |
| level of proof for arrest or search warrant | probable cause |
| initial appearance/ advise of rts | arraignment |
| felony exam by judge for p.c | preliminary/ felony hearing |
| burden of proof at trial | proof beyond a reasonable doubt |
| admits some elements of crime | admission |
| statement admitting crime | confession |
| balancing societys interests taken by police constitutional | one test to determine constitutionality og government action |
| items you search for and the location | search warrant |
| basis for knowledge | federal system |
| agulare spenelly test | new york |
| police must have reasanbly acutable basis to believe criminal activity is afoot.(not consider a full blown search) | terry stop and frisk |
| officer in a place had a right to be and could adserve an item that was odvious evidence of a crime, fruits of a crime or contraband | plan view doctorine |
| the person has to agree to let the police search they can not be coherced or pressured, search can be stopped at any time and is limited | consent search |
| person must be in lawful poilce custody officer can conduct full blown search, must have warrant to arrest, can search person and grab area | search incident to an arrest |
| highest court in n.y | appeals court |
| the chasing of a fleeing felon by an officer | hot persuit |
| anything that is illegal to posses | contraband |
| monitoring of contraband in transit by law enforcement authorities in order to determine the person dealing in the contraband | controlled delivery |
| obvious to the observer at once, without delay or closer inspection | immediately apparent |
| the concept articulated in Minnesota v. Dickerson that when an officer is conducting a lawful frisk of a suspect, if the officer can feel what his training and experience have taught him to be contraband, he can seize it | plain touch/ feel |
| the area of privacy the court has determined that society is willing to accept as reasonable | reasonable expectation of privacy |
| a government action where an expectation of privacy that society is prepared to consider reasonable has been infringed | search |
| when some meaningful interference with an individual's possessory interest in property occurs | seizure |
| a device attached to a vehicle that transmits a radio signal that can be followed by police unit equipped with special radio receivers | beeper |
| holds that a warrantless search of a readily mobile motor vehicle by a law enforcement officer who has probable cause to believe that the vehicle contains items subject to seizure is not unreasonable under the fourth amendment | carroll doctrine (automobile exception) |
| an emergency. conditions and events that require immediate response | exigent circumstances |
| the seizure of a motor vehicle by the police because it is abandoned, illegally parked, disabled in an accident, or been taken because the driver is under arrest | impound |
| an inspection and recording of the condition and contents of a motor vehicle before police tow and / or impound pursuant to a written department policy and practice | inventory |
| property whose owner has voluntarily discarded, left behind, or otherwise relinquished his or her interest in the property with no further reasonable expectation of privacy in the property | abandoned property |
| the area around the house protected by the fourth amendment requirement that officers have a search warrant. courts deal with the issue on a case by case basis and no set boundary is set by law | curtilage |
| includes homes, whether owned, rented, or leased and any other place in which a person is staying or living, permanemtly or temporarily | houses |
| any area outside the home which is not curtilage | open fields |
| the area of privacy the court has determined that society is willing to accept as reasonable | reasonable expectation of privacy |
| whether a suspect has the requisite level of comprehension to validly waive Miranda rights | competency |
| custody occurs when a person would reasonably believe that they were not free to go. | custody |
| the questioning of a suspect in custody for the purpose of obtaning a confession | interrogation |
| the conclusion by the supremem court that the need for answers to questions in a situation posing a threat to the public safety outweighed the need to protect the fifth amandment's privilege against self- incrimination | public safety exception |
| any oral or written declaration or assertion by a person | statement |
| whether a waiver of Miranda right is voluntary depends upon the absence of police coercion | voluntariness |
| the voluntary, intentional relinquishing of known rights. The waiver can be in writing, oral, or by actions, such as answering questions after having been advised of your right not to do so | waiver |
Created by:
tinytina54
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