Koofers

chapter 7 - Flashcards

Flashcard Deck Information

Class:CCJ 1020 - Intro to Criminal Justice
Subject:CCJ: Crim & Criminal Justice
University:Valencia Community College
Term:Fall 2013
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Searches and Seizures The legal term that refers to the confiscating (taking) by law enforcement agents.
Probable Cause Reasonable ground to believe the existence of facts warranting certain actions, such as the search or arrest of a person.
Reasonable/Reasonableness

In the context of criminal law an action by a law, enforcement agent that is appropriate under the circumstances.

Examples:

Logical

Practical

Sensible

intelligen plausible

Fourteenth Amendment

The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures, shall not be violated and no Warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly  describing the place to be searched and the persons or things to be seized.


-This is how the constitution limits police Behavior

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Probable Cause The officer Must know of facts and circumstances that would reasonably lead to the "belief that an offense has been or is being committed
Sources of probable cause

Personal Observation-Police officers may use their personal training, experience, and expertise to infer probable cause.

Information-Law enforcement officers receive information from victims, eyewitnesses, informants and official sources as long as its believed to be reliable.

Evidence

Association- having a criminal background and being at a seen where criminal activity has taken lace.

Exclusionary rule A rule under which any evidence that is obtained and in violation of the accused rights would not be admissible In criminal court.
Fruit of the poisoned tree Evidence that has been obtained illegally is in admissible in court.
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Racial Profiling Based on race, Nationality or National origin.
Stop and frisk When police detain a suspect for any particular reason based on reasonable suspicion.
Stop A brief detention of a person by law enforcement for questioning.
Frisk A pat down or other minimal search by police to discover weapons
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Arrest The taking into custody of a person suspected of criminal activity.
Elements of an Arrest/What is required to make an arrest

The intent to arrest

The authority to arrest

Seizure or detention

The understanding of the person that he or she is being arrested

Arrest Warrant

A written command that the person named on the warrant be arrested by police



Exigent Circumstances Situations that require extralegal or exceptional actions by the police
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Entering a dwelling & Waiting period

Police must knock announce themselves unless,

Suspect is arm and poses a threat of violence

persons inside are destroying evidence or escaping

Felony is being committed at that time



Police must wait 15-20 seconds for someone to answer before entering.

Warrantless arrest

An arrest made without first seeking a warrant



-The offense was committed in the presence of the officer.


-Knowledge that a crime was committed and probable cause that it was done by a particular suspect

Searches The process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial.
Search warrant A written order commanding that criminal investigators search a specific person, place or property to obtain evidence.
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Affidavit

Before going to a judge asking for a warrant they must provide specific

written information on  the property they wish to search and seize 

Seizure The act of taking possession of a person or property by the government because of a (suspected) violation of the law.
Categories of items that can be Seized during search warrant

-Items from the crime such as stolen goods.

-Items that are inherently illegal for anyone to possess (counterfeit currency, narcotics)

-Items that can be evidence of the crime

-Items used in committing the crime.

Search incidental to an arrest Searches for weapons and evidence of persons who have just been arrested
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Consent search Individuals voluntarily give law enforcement officers permission to search their persons, homes, or belongings
Automobile Searches As long as police have probable cause the fourteenth amendment states they do not need a warrant to search the automobile.
Plain view doctrine The legal principle that objects in lain view of a law enforcement agent who has the right to be in a position to have that view may be seized with out a warrant.
Electronic surveillance The use of electronic equipment to record or observe conduct that is meant to be private.
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Interrogation Questioning of a suspect to gather evidence of criminal activity and try to gain a confession.
Coercion The use of physical force or mental intimidation to compel a person to do something such as confess to committing a crime against her or his will
Miranda rights The constitutional rights of accused person taken into custody by law enforcement officials.
Custody The forceful detention of a person or the perception that a person is not free to leave the immediate vicinity
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Custodial Interrogation The questioning of a suspect after that person has been taken into custody.
Miranda waiver A decision by a suspect to give up to give u his or her right to remain silent, with the understanding that his or her answers can be used as evidence in criminal courts.
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 Searches and SeizuresThe legal term that refers to the confiscating (taking) by law enforcement agents.
 Probable CauseReasonable ground to believe the existence of facts warranting certain actions, such as the search or arrest of a person.
 Reasonable/Reasonableness

In the context of criminal law an action by a law, enforcement agent that is appropriate under the circumstances.

Examples:

Logical

Practical

Sensible

intelligen plausible

 Fourteenth Amendment

The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures, shall not be violated and no Warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly  describing the place to be searched and the persons or things to be seized.


-This is how the constitution limits police Behavior

 Probable CauseThe officer Must know of facts and circumstances that would reasonably lead to the "belief that an offense has been or is being committed
 Sources of probable cause

Personal Observation-Police officers may use their personal training, experience, and expertise to infer probable cause.

Information-Law enforcement officers receive information from victims, eyewitnesses, informants and official sources as long as its believed to be reliable.

Evidence

Association- having a criminal background and being at a seen where criminal activity has taken lace.

 Exclusionary ruleA rule under which any evidence that is obtained and in violation of the accused rights would not be admissible In criminal court.
 Fruit of the poisoned treeEvidence that has been obtained illegally is in admissible in court.
 Racial ProfilingBased on race, Nationality or National origin.
 Stop and friskWhen police detain a suspect for any particular reason based on reasonable suspicion.
 StopA brief detention of a person by law enforcement for questioning.
 FriskA pat down or other minimal search by police to discover weapons
 ArrestThe taking into custody of a person suspected of criminal activity.
 Elements of an Arrest/What is required to make an arrest

The intent to arrest

The authority to arrest

Seizure or detention

The understanding of the person that he or she is being arrested

 Arrest Warrant

A written command that the person named on the warrant be arrested by police



 Exigent CircumstancesSituations that require extralegal or exceptional actions by the police
 Entering a dwelling & Waiting period

Police must knock announce themselves unless,

Suspect is arm and poses a threat of violence

persons inside are destroying evidence or escaping

Felony is being committed at that time



Police must wait 15-20 seconds for someone to answer before entering.

 Warrantless arrest

An arrest made without first seeking a warrant



-The offense was committed in the presence of the officer.


-Knowledge that a crime was committed and probable cause that it was done by a particular suspect

 SearchesThe process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial.
 Search warrantA written order commanding that criminal investigators search a specific person, place or property to obtain evidence.
 Affidavit

Before going to a judge asking for a warrant they must provide specific

written information on  the property they wish to search and seize 

 SeizureThe act of taking possession of a person or property by the government because of a (suspected) violation of the law.
 Categories of items that can be Seized during search warrant

-Items from the crime such as stolen goods.

-Items that are inherently illegal for anyone to possess (counterfeit currency, narcotics)

-Items that can be evidence of the crime

-Items used in committing the crime.

 Search incidental to an arrestSearches for weapons and evidence of persons who have just been arrested
 Consent searchIndividuals voluntarily give law enforcement officers permission to search their persons, homes, or belongings
 Automobile SearchesAs long as police have probable cause the fourteenth amendment states they do not need a warrant to search the automobile.
 Plain view doctrineThe legal principle that objects in lain view of a law enforcement agent who has the right to be in a position to have that view may be seized with out a warrant.
 Electronic surveillanceThe use of electronic equipment to record or observe conduct that is meant to be private.
 InterrogationQuestioning of a suspect to gather evidence of criminal activity and try to gain a confession.
 CoercionThe use of physical force or mental intimidation to compel a person to do something such as confess to committing a crime against her or his will
 Miranda rightsThe constitutional rights of accused person taken into custody by law enforcement officials.
 CustodyThe forceful detention of a person or the perception that a person is not free to leave the immediate vicinity
 Custodial InterrogationThe questioning of a suspect after that person has been taken into custody.
 Miranda waiverA decision by a suspect to give up to give u his or her right to remain silent, with the understanding that his or her answers can be used as evidence in criminal courts.
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