Crim Law 12
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| Drug Courier Profile | 17-21 yrs. old, black male,
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| Self incrimination | Giving evidence and answering questions that would tend to subject one to criminal prosecution
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| 4th amendment | States right to be free from unreasonable search & seizure and tells when search warrants may be issues
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| Search after an arrest | Used when don't have warrant, search area immediately around a person
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| Affidavit | Sworn statement of facts or circumstances
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| Warrant | Paper signed by a judge authorizing some action
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| Exclusionary Rule | Legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial
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| Search Warrant | Makes it legal to search a person or place
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| 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
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| 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)
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| Arrest warrant | Court order naming the person to be taken into custody
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| Probable cause | Reasonable belief that a specific person committed a crime
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| 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
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| Miranda Warning | The reading of a persons rights to them as they are being arrested
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| Mapp v. Ohio | Made exclusionary rule binding in the states
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| Exclusionary rule | Evidence seized in an unlawful search can not be used in a trial
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| 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,
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| Racial Profiling | Inappropriate use of race as a factor in identifying people who break or have broken the law
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| Border & Airport Search | Ex. customs agents, airport x-rays
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| Hot Persuit | 1.Used when don't have warrant, Ex. entering of building to follow a suspect is l
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| Plain View | When items can be seen by officer-used when don't have search warrant
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| Contraband | Items that are illegal to possess
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| Vehicle search | Used when don't have warant
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| Stop & Frisk | Used when don't have a warrant- Pat Down-done to suspicious person who is probably armed
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| Consent | Used when don't have warrant-Person voluntarily agrees to search
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| Emergency | Used when don't have warrant- Ex. bomb threat, screams, smoke
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| Interrogation | To question
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| 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
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| Arrest | Take a person suspected of a crime into custody
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| Defense of infancy | Not yet legally responsible for his or her own actions
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| Two methods to take a person into custody | Warrant- court order, Warrantless - make arrest based on probable cause
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| Corroborate | Confirm
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