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Cr Law 12

Crim Law 12

QuestionAnswer
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)
Created by: sudokken
 

 



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