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35 Cards in this Set
- Front
- Back
The US constitution became effective in |
March 1789 |
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Fourth amendment |
Free from unreasonable searches and seizures Procedures that must be followed when obtaining a warrant |
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Reasonable suspicion |
Standard used to justify a detention.existsvwhen an officer has sufficient facts to make it reasonable to suspect that criminal activity may be occurring, and the person to be detained is connected to that activity |
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Probable cause |
To arrest exists when the totality of the circumstances or total atmosphere of the case would cause a person of ordinary care and prudence to entertain an honest and strong suspicion that the person to be arrested is guilty of a crime |
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Search |
Occurs when an expectation of privacy that society is prepared to consider reasonable is infringed upon by the government |
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Seizure of a person |
Occurs when a peace officer physically applies force to a person or when a person voluntarily submits to the officers authority |
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Seizure of property |
Occurs when there is some meaningful interference with an individuals possessory interest in that property by the government |
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Fifth amendment |
Due process Freedom from self incrimination -Freedom double jeopardy |
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Sixth amendment |
Speedy trial Confront witnesses against them and obtain witnesses in their favor Right to council |
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Fourteenth amendment |
Due process and equal protection under all laws |
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Consensual encounter |
Is a face to face contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate |
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Detention |
-requires reasonable suspicion of criminal activity -bot free to leave -with factual basis to suspect that the person is carrying a concealed weapon, or instrument that could be used as a weapon. Officers can conduct a Pat down search |
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Arrest |
Taking person into custody, in a case and in the manner authorized by law -probable cause for arrest is a set of facts that would cause s reasonable person to believe the person has committed a crime - second hand statements from reliable sources are Included |
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Three things that must be explained at the time of an arrest |
Intent- arresting person must tell the individual that he or she is being arrested Cause-must state reason for arrest Authority- non uniform -offiver must show identification. Private person must state his or her authority |
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Arrest warrant |
A written order signed by a magistrate which direct scans commands a peace officer to arrest the person named in the warrant for the offense named in the warrant -felony warrants may be served any time -misdemeanor between 6 am and 10 pm unless night time service is warranted |
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Pre complaint warrants |
Ramey warrants- alternative to the complaint/warrant procedure. Pre complaint warrants contain the same information as other arrest warrants and are also issue based on sworn statements establishing probable cause |
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Knock and notice |
Before entering a dwelling to make an arrest, with or without warrant, officers must give notice to the person inside |
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Immunity |
an exemption from a duty or penalty |
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Consular officer |
An official appointed by a government to reside in a foreign country to represent the commercial interests of citizens of the appointing country |
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Diplomatic agent |
An official appointed by a government to reside in a foreign country to represent the political interests of the citizens of the appointing country |
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Consular service staff |
People who work for the consular officer in a foreign country |
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Stale misdemeanor |
When an adult commits a misdemeanor in another person's presence and the person fails to Arrest the adult within a reasonable amount of time after |
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Miranda warning |
Is necessary when they are in custody and about to be interrogated - right to remain silent -any thing you say can and will be use against you in a court of law -you have the right to an attorney before and during questioning -if you cannot afford an attorney one will be appointed for you free of charge before questioning if you wish |
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Custody means |
Formal arret or its functional equivalent. Determined by the totality of the circumstances -actually placed under Arrest -dirrcted to kinds of restraints associated with a formal arrest |
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Interrogation |
Occurs when a peace officer - engages in direct/express questioning of a person -uses words or conduct reasonably likely to elicit an incriminating response from a person |
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Expressed waiver |
Answers yes or no question about continuing with questioning |
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Implied waiver |
Acknowledges understanding the advisements, and exhibits conduct indicating waiver of Rights |
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Conditional waiver |
Acknowledges understanding of advisements and is willing to go forward, but places a limitation/qualification on answering questions |
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Exception to Miranda rule |
public safety or emergency rescue exception-based on exigent circumstances-officer is motivated by concern of someone's safety |
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Interview |
Process of gathering information from a person who has knowledge of the facts that an officer will need to conduct an investigation -determine if a crime has taken place -identify and locate victims and witnesses -identify possible suspects - generate crime broadcast to dispatch |
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Confession |
Commission of all the elements of a crime |
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Admission |
Certain facts that tend to incriminate the individual, but fall short of a confession |
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Subterfuge |
Use or deception of falsehood as a tactic when interrogating a suspect |
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Coercion |
Use of force mental or physical, threats, or overbearing psychological pressure to deprive a suspects free choice to admit, deny, or refuse to answer |
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Involuntary confession |
Or statement vthat results from use of coercion and therefore is not admissable in court for any purpose |