The amendment to the U.S. Constitution that governs search and seizure.
An activity performed in order to find evidence to be used in a criminal prosecution.
In the context of search and seizure law, one of two elements that must be considered when defining a 4th Amendment search. Government actions consist of measures to effect a search undertaken by someone employed by or working on behalf of the government.
Reasonable Expectation of Privacy
In the context of search and seizure law, one of two elements that must be considered when defining a 4th Amendment search. It means that people who speak or act in private can reasonably expect that what they say or do will not be seen or heard by anyone else.
The confiscation of one's person or property by a government agent.
The elements of a situation that serve to justify a search or seizure.
The focus of a court's examination of the reasonableness of a search or seizure.
A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that another particular person has committed a specific crime. It is the only justification of search and seizure mentioned in the 4th Amendment.
A belief, based on a consideration of the facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinarily prudent and cautious person under the same circumstances to conclude that criminal activity is taking place or the criminal activity has recently occurred. It is the standard for less intrusive stop-and-frisk searches; it is less than probable cause but more than a hunch.
The standard for an administrative search based on the fact that government entities occasionally conduct searches in circumstances other than criminal investigations, such as a sobriety checkpoint set up for the purpose of apprehending drunk drivers. These searches attempt to achieve a balance between protecting individuals privacy interest and protecting public safety.
Search Incident to Arrest
A warrantless search made at the time of or shortly following an arrest, conducted out of a concern for the safety of the arresting officer and others.
A doctrine established by the U.S. Supreme Court that limits a search incident to arrest to the area within immediate control of the person arrested that is, the area from within which he might have obtained either a weapon or something that could have been used as evidence against him.
A permissible cursory visual inspection of places in which a person might be hiding. It may be conducted by police up to the point of an arrest but must be supported by reasonable suspicion.
A situation that makes a warrantless search constitutionally permissible, such as hot pursuit, the likelihood of a suspect's escaping or presenting a danger to others, and evanescent evidence.
Hot Pursuit Exception
One exception to the 4th Amendments arrant requirement. It provides that police officers may enter the premises where they suspect a crime has been committed, or a perpetrator is hiding, without a warrant when delay would likely endanger their lives or the lives of others and possibly lead to the escape of the alleged perpetrator.
Evidence that is likely to disappear quickly
A doctrine articulated by the U.S. Supreme Court that permits the warrantless seizure of objects that are readily visible
Knock and Talk
A police tactic used to obtain consent to search, in which police officer approach a home, knock on the door, and request consent to search the premises.
Stop and Frisk
The detaining of a person by a law enforcement officer for the purpose of investigation, accompanied by a superficial examination by the officer of the person's body surface or clothing to discover weapons, contraband, or other objects relating to criminal activity.
A document articulated by the U.S. Supreme Court that permits an expansion of a stop-and-frisk search if the officer, while staying within the narrow limits of a frisk for weapons, feels what he has probable cause to believe is a weapon, contraband or evidence.
The search of an arrestee and his or her personal items, including containers found in his or her possession, as part of a routine inventory that is incident to the booking and jailing procedure.
A warrantless inventory of a vehicle that is permissible on administrative or regulatory grounds. They must follow a lawful impoundment, must be of a routine nature, must follow standard operating procedures. and must not be a pretext that attempts to conceal an investigatory search.
A location at which a warrantless, suspicionless search is constitutionally permissible in furtherance of an overriding national or public safety interest.
An amendment to the U.S. Constitution that establishes due process rights, including the right to remain silent in the face of criminal accusations.
Due Process Voluntariness Approach
A means for determining the admissibility of a suspects self-incriminating statement based on whether it was made voluntarily. Involuntariness is held to occur when, under the totality of circumstances that proceeded the confessions the defendant is deprived of his or her power of resistance.
An effort by a government actor to draw incriminating statements from a suspect who is not represented by counsel, in violation of that person's 6th Amendment right to counsel.
Formal Criminal Proceedings
Following Escobedo vs. Illinois, any official action by a government actor that occurs once the accused becomes the focus of an investigation by the police.
The set of rights that a person accused or suspected of having committed a specific offense has during interrogation and of which he or she must by informed prior to questioning.
Functional Equivalent of a Question
Any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect
18 U.S.C. Section 3501
The U.S. code designation assigned to the Crime Control Act of 1968, which among other things, attempted to invalidate the Miranda decision.
Want to see the other 30 Flashcards in Chapter 11?JOIN TODAY FOR FREE!