anticipatory warrant
a search warrant issued on the basis of probable cause to believe that evidence of a crime, although not presently at the place described, will likely be there when the warrant is executed
arrest
the act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense. An arrest occurs when a law enforcement officer curtails a person's fre
compelling interest
a legal concept that provides a basis for suspicionless searches when public safety is at stake.
digital criminal forensics
the lawful seizure, acquisition, analysis, reporting, and safe-guarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events
Electronic Communications Privacy Act (ECPA)
a law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications
electronic evidence
information and data of investigative value that are stored in or transmitted by an electronic device
emergency search
a search conducted by the police without a warrant, which is justified on the basis of some immediate overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence
exclusionary rule
the understanding based on US Supreme Court precedent, that incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial
fleeting-targets exception
an exception to the exclusionary rule that permits law enforcement officers to search a car based on probably cause and without a warrant. This is predicated on the fact that cars can quickly leave the jurisdiction of a law enforcement agency.
fruit of the poisonous tree doctrine
a legal principle that excludes from introduction at trail any evidence later developed as a result of an illegal search or seizure
good-faith exception
an exception to the exclusionary rule. Law enforcement officers who conduct a search or who seize evidence on the basis of good faith and who later discover that a mistake was made may still provide evidence that can be used in court
illegally seized evidence
evidence seized without regard to the principles of due process as described by the Bill of Rights. Most _______ is the result of police searches conducted without a proper warrant or of improperly conducted interrogations
inherent coercion
the tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to reveal information
interrogation
the information gathering activity of police officers that involves the direct questioning of suspects
landmark case
a precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day-to-day operations of the justice system
latent evidence
evidence of relevance to a criminal investigation that is not readily seen by the unaided eye
Miranda triggers
the dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required
Miranda warnings
the advisement of rights due criminal suspects by the police before questioning begins. Set forth by SCOTUS during Miranda V. Arizona case
plain view
a legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. Officers must have a legal right to be in the viewing area and m
probable cause
a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime.
psychological manipulation
manipulative actions by police interviewers that are designed to pressure suspects to reveal information and that are based on subtle forms of intimidation and control
reasonable suspicion
the level of suspicion that would justify an officer in making further inquiry or in conducting further investigation
search incident to an arrest
a warrantless search of an arrested individual conducted to ensure the safety of the arresting officer
sneak and peek search
a search that occurs in the suspect's absence and without his or her prior knowledge. Also known as delayed notification search.
suspicionless search
a search conducted by law enforcement personnel without a warrant and without suspicion. They are permissible only if based on an overriding concern for public safety
writ of certiorari
a writ issued from an appellate court for he purpose of obtaining from a lower court the record of its proceedings in a particular case
invocation
if suspect invokes rights, no questioning
waiver
If suspect waives rights, questioning is permitted. ____ must be knowing and voluntary