Bills of Rights
The popular name given to the first ten amendments to the U.S Constitution,which are considered especially important in the processing of criminal defendants.
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.
illegally seized evidence
Evidence seized without regard to the principles of due process as described by the Bills of Rights...Most illegally seized evidence is the result of police searches conducted without a proper warrant or of improperly conducted interrogations.
exclusionary rule
The understanding, based on U.S 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.
writ of certiorari
A writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case...In some states, this writ is the mechanism for discretionary review. A request for review is made by petitioning for
fruit of the poisonous tree doctrine
A legal principle that excludes from introduction at trial any evidence laterdeveloped 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(that is, when they believe they are operating according to the dictates of the law)and who later discover that a mistake
probable cause
A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime....Also, reasonable grounds to make or believe an accusation. Probable cause refers to
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....To lawfully seize evidence in plain view,officers must have a
emergency search
A search conducted by the police without a warrant,which is justified on the basis of some immediate and overriding need, such as public safety,the likely escape of a dangerous suspect,or the removal or destruction of evidence.
anticipatory warrant
A search warrant issued on the basis of probable cause to believe that evidence of a crime,while not currently 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, terminating with the recording of a specific offense .....Technically,an
search incident to an arrest
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer...Because individuals placed under arrest may be in possession of weapons,courts have recognized the need for arresting officers to protect themselves b
reasonable suspicion
The level of suspicion that would justify an officer in making further inquiry or in conducting further investigation....Reasonable suspicion may permit stopping a person for questioning or for a simple pat down search...Also, a belief,based on a consider
fleeting-targets exception
An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant. The fleeting-targets exception is predicated on the fact that vehicles can quickly leave the jurisdiction
compelling interest
A legal concept that provides a basis for suspicionless searches when public safety is at issue.(Urinalysis tests of train engineers are an example.)...It is the concept on which the U.S Supreme Court cases of Skinner vs. Railway Labor Executives' Associa
suspicionless search
A search conducted by law enforcement personnel without a warrant and without suspicion....Suspicionless searches are permissible only if based on an overriding concern for public safety.
interrogation
The information-gathering activity of police officers that involves the direct questioning of suspects.
inherent coercion
The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information.
psychological manipulation
Manipulative actions by police interviewers, designed to pressure suspects to divulge information,that are based on subtle forms of intimidation and control.
MIranda warnings
The advisement of rights due criminal suspects by the police before questioning begins.....Miranda warnings were first set forth by the U.S Supreme Court in the 1966 case of Miranda vs. Arizona.
Miranda triggers
The dual principles of custody and interrogation,both of which are necessary before an advisement of rights is required.
Electronic Communications Privacy Act
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.
sneak and peek" search
A search that occurs in the suspect's absence and without his or her prior knowledge...Also known as a delayed notification search.
electronic evidence
Information and data of investigate value that are stored in or transmitted by an electronic device.
latent evidence
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye.
digital criminal forensics
The lawful seizure,acquisition,analysis, reporting,and safeguarding of data from digital devices that may contain information of evidentiary value to the trier of fact in criminal events.