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Crim Law 12

QuestionAnswer
Drug Courier Profile 17-21 yrs. old, black male,
Self incrimination Giving evidence and answering questions that would tend to subject one to criminal prosecution
4th amendment States right to be free from unreasonable search & seizure and tells when search warrants may be issues
Search after an arrest Used when don't have warrant, search area immediately around a person
Affidavit Sworn statement of facts or circumstances
Warrant Paper signed by a judge authorizing some action
Exclusionary Rule Legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial
Search Warrant Makes it legal to search a person or place
What must be written on a search warrant? 1.Date-must be used within time stated 2.Must be used during daytime 3.Very specific as to what can be searched
How is an arrest warrant obtained? 1.File complaint with judge or magistrate 2. Judge decides if there is probable cause (reasonable belief a person has committed a crime)
Arrest warrant Court order naming the person to be taken into custody
Probable cause Reasonable belief that a specific person committed a crime
Miranda v. Arizona Arrested for kidnapping & sexually assault -signed confession which was used to convict him-appealed and won because his rights were not read to him
Miranda Warning The reading of a persons rights to them as they are being arrested
Mapp v. Ohio Made exclusionary rule binding in the states
Exclusionary rule Evidence seized in an unlawful search can not be used in a trial
5th Amendment Right against self incrimination Right to remain silent,can not be forced to testify against himself or herself, govern. always bears the burden of proof,
Racial Profiling Inappropriate use of race as a factor in identifying people who break or have broken the law
Border & Airport Search Ex. customs agents, airport x-rays
Hot Persuit 1.Used when don't have warrant, Ex. entering of building to follow a suspect is l
Plain View When items can be seen by officer-used when don't have search warrant
Contraband Items that are illegal to possess
Vehicle search Used when don't have warant
Stop & Frisk Used when don't have a warrant- Pat Down-done to suspicious person who is probably armed
Consent Used when don't have warrant-Person voluntarily agrees to search
Emergency Used when don't have warrant- Ex. bomb threat, screams, smoke
Interrogation To question
Miranda Rights 1.Confession can not be used if obtained after lawyer was denied 2.confession can not be used if obtain without informing criminal of rights 3.Failure 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 own actions
Two methods to take a person into custody Warrant- court order, Warrantless - make arrest based on probable cause
Corroborate Confirm
Created by: sudokken