Chapter 13: Police and the Law

arrest

The initial taking into custody of a person by law enforcement authorities to answer for a criminal offense or violation of a code or ordinance.

Carroll doctrine

Based on the landmark 1925 United States Supreme Court case Carroll v. United States (1925), the legal doctrine that automobiles have less Fourth Amendment protection than other places.

crime

Any act that the government has declared does not benefit the public, that is declared by statute to be a crime, and that is prosecuted in a criminal proceeding. In some jurisdictions, crimes only include felonies and or misdemeanors.

crime scene

The location where a crime occurred.

custodial interrogation

The questioning of a person in police custody regarding his or her participation in a crime.

exclusionary rule

An interpretation of the United States Constitution by the United States Supreme Court that holds that evidence seized in violation of the United States Constitution cannot be used in court against a defendant.

exigent circumstance

One of the major exceptions to the warrant requirement of the Fourth Amendment. .... may be defined as an emergency.

field interrogation

Unplanned questioning of an individual who has aroused the suspicions of an officer.

habeas corpus

A writ requiring that an arrested person be brought before a court to determine whether he or she has been legally detained.

judicial review

Process by which actions of the police in areas such as arrests, search and seizure, and interrogations are reviewed by the United States court system at various levels to ensure the constitutionality of these actions.

lineup

Police identification procedure involving the placing of a suspect with a group of other people of similar physical characteristics so that a witness or victim of a crime can have the opportunity to identify the perpetrator of the crime.

malum in se

An act that is wrong in itself that is illegal in its very nature because it violates the natural, moral, or public principles of a civilized society. Compare to Malum prohibitum, an act made illegal by statute.

malum prohibition

A wrong due to being prohibited � an act that is made a crime by statute. Compare to malum in se, an act that is illegal based on English common law and obvious violations of society's standards.

Miranda rule (Miranda warnings)

Rule established by the United States Supreme Court in the landmark case Miranda v. United States (1966) that requires the police to advise suspects confronting custodial interrogation of their constitutional rights.

National Crime Victimization Survey (NCVS)

National Institute of Justice survey of a random sample of United States households, asking them if a crime was committed against anyone in the household during the prior six months.

photo array

Police identification procedure similar to a lineup, except that photos of the suspect (who is not in custody) and others are shown to a witness or victim of a crime.

plain view evidence

Evidence seized by police without a warrant who have the right to be in a position to observe it.

probable cause

Evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person committed it.

reasonable force

The amount of force an officer can use when making an arrest.

reasonable suspicion

The standard of proof that is necessary for police officers to conduct stops and frisks.

search and seizure

Legal concept relating to the searching for and confiscation of evidence by the police.

search warrant

A written order, based on probable cause and signed by a judge, authorizing police to search a specific person, place, or property to obtain evidence.

showup

Police identification process involving bringing a suspect back to the scene of the crime or another place (for example, a hospital where an injured victim is) where the suspect can be seen and possibly identified by a victim or witness of a crime.

silver platter doctrine

Legal tactic that allowed federal prosecutors to use evidence obtained by state police officers through unreasonable searches and seizures.

stop and frisk

The detaining of a person by law enforcement officers for the purpose of investigation, accompanied by a superficial examination of the person's body surface or clothing to discover weapons, contraband, or other objects relating to criminal activity.

Terry stop

Based on the United States Supreme Court decision in Terry v. Ohio (1968), the standard for allowing police officers to perform a stop and frisk (pat-down) of a suspect.

third degree

The pattern of brutality and violence used by the police to obtain confessions by suspects.

Uniform Crime Reports (UCR)

Yearly collection of aggregate crime statistics prepared by the FBI based upon citizens' reports of crimes to the police.

judicial review.

The U.S. Supreme Court has made a significant impact on the way police do their job through its policy of

third degree.

Brutal and violent methods that were used to obtain confessions historically, constituted a method for obtaining tainted evidence. This method was called giving the suspect the

in custody.

The right counsel contained within the Miranda ruling applies only when the subject of an interrogation is

border search

A...can be made without probable cause, a warrant or any articulable suspicion.

escape, rendering immediate aid to a person in need of assistance, and preventing the destruction evidence.

Examples of exigent circumstances would be preventing an

search the outer clothing of an individual.

When conducing a stop and frisk, officers may

not considered an actual search

Being sniffed by a trained drug-dog is ... by the U.S. Supreme Court.

ensure the immediate safety of the public.

An exception to Miranda warning allows questions to be asked to

would be a violation of the Miranda ruling.

Directly questioning of the suspect about the crime while in a patrol car, and end route to the jail,

showup.

The police identification process that involves brining a suspect back to the scene of the crime, or another place where an injured victim or witness may be, is referred to a

theft.

Of all the FBI Index crimes, the one that occurs most each year is