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purpose of all laws orderly society
individual vs. individual in court civil laws
society vs. individual in court criminal laws
establishes three branches of government constitution
protects individuals rights bill of rights
freedom of speech/relgion 1st amendment
right to bear arms 2nd amendment
protects against unreasonable government searches and seizures 4th amendment
protects against self incrimination 5th amendment
trial rights of accused 6th amendment
bail/prevents cruel punishment 8th amendment
makes 4th 5th 6th applicable to states 14th amendment
process to protect individuals rights from government conduct due process
highest court in land u.s supreme court
felonies, misdemeanors, and violations offenses
felonies and misdemeanors crimes
over 1 year in jail for conviction felony
between 15 days and 1 year sentence misdemeanor
15 or less days in jail for conviction violation
to determine if search constitutional mapp hearing
to determine constitutionality huntley hearing
suppresses unconstitutionally seized evidence exclusionary rule
assures accused returns to court bail
citizens review to indict grand jury
issued by judge on p.c search warrant
search without a warrant per se unconstitutional
specific place or item in s.w particularity
50% ea. basis of knowledge/ reliability aguilar/spinelli s.w test
new test foe s.w on confid. information totality of circomstances
level of proof for arrest or search warrant probable cause
initial appearance/ advise of rts arraignment
felony exam by judge for p.c preliminary/ felony hearing
burden of proof at trial proof beyond a reasonable doubt
admits some elements of crime admission
statement admitting crime confession
balancing societys interests taken by police constitutional one test to determine constitutionality og government action
items you search for and the location search warrant
basis for knowledge federal system
agulare spenelly test new york
police must have reasanbly acutable basis to believe criminal activity is afoot.(not consider a full blown search) terry stop and frisk
officer in a place had a right to be and could adserve an item that was odvious evidence of a crime, fruits of a crime or contraband plan view doctorine
the person has to agree to let the police search they can not be coherced or pressured, search can be stopped at any time and is limited consent search
person must be in lawful poilce custody officer can conduct full blown search, must have warrant to arrest, can search person and grab area search incident to an arrest
highest court in n.y appeals court
the chasing of a fleeing felon by an officer hot persuit
anything that is illegal to posses contraband
monitoring of contraband in transit by law enforcement authorities in order to determine the person dealing in the contraband controlled delivery
obvious to the observer at once, without delay or closer inspection immediately apparent
the concept articulated in Minnesota v. Dickerson that when an officer is conducting a lawful frisk of a suspect, if the officer can feel what his training and experience have taught him to be contraband, he can seize it plain touch/ feel
the area of privacy the court has determined that society is willing to accept as reasonable reasonable expectation of privacy
a government action where an expectation of privacy that society is prepared to consider reasonable has been infringed search
when some meaningful interference with an individual's possessory interest in property occurs seizure
a device attached to a vehicle that transmits a radio signal that can be followed by police unit equipped with special radio receivers beeper
holds that a warrantless search of a readily mobile motor vehicle by a law enforcement officer who has probable cause to believe that the vehicle contains items subject to seizure is not unreasonable under the fourth amendment carroll doctrine (automobile exception)
an emergency. conditions and events that require immediate response exigent circumstances
the seizure of a motor vehicle by the police because it is abandoned, illegally parked, disabled in an accident, or been taken because the driver is under arrest impound
an inspection and recording of the condition and contents of a motor vehicle before police tow and / or impound pursuant to a written department policy and practice inventory
property whose owner has voluntarily discarded, left behind, or otherwise relinquished his or her interest in the property with no further reasonable expectation of privacy in the property abandoned property
the area around the house protected by the fourth amendment requirement that officers have a search warrant. courts deal with the issue on a case by case basis and no set boundary is set by law curtilage
includes homes, whether owned, rented, or leased and any other place in which a person is staying or living, permanemtly or temporarily houses
any area outside the home which is not curtilage open fields
the area of privacy the court has determined that society is willing to accept as reasonable reasonable expectation of privacy
whether a suspect has the requisite level of comprehension to validly waive Miranda rights competency
custody occurs when a person would reasonably believe that they were not free to go. custody
the questioning of a suspect in custody for the purpose of obtaning a confession interrogation
the conclusion by the supremem court that the need for answers to questions in a situation posing a threat to the public safety outweighed the need to protect the fifth amandment's privilege against self- incrimination public safety exception
any oral or written declaration or assertion by a person statement
whether a waiver of Miranda right is voluntary depends upon the absence of police coercion voluntariness
the voluntary, intentional relinquishing of known rights. The waiver can be in writing, oral, or by actions, such as answering questions after having been advised of your right not to do so waiver
Created by: tinytina54