Criminal Justice Chapter 5

Bill of Rights

a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)

Miranda v. Arizona

1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.

Landmark Cases

A precedent-setting court decision that produces substantial changes both in 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 Bill of Rights. Most illegally seized evidence is the result of police searches conducted without a proper warrant or of improperly conducted interrogations.

Weeks v. U.S.

1914, used 4th amendment to state that the FBI needs search warrants; Established exclusionary rule, evidence gotten without a warrant isn't admissable in a federal court

Exclusionary Rule

a rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Writ of Certiorari

a formal writ used to bring a case before the Supreme Court; if a court has made a decision conflicting with precedent, if a court has come up witht a new question, if one court of appeals has mad e decision that conflits with another, inconsistencies bet

Silverthorne Lumber Co. v. U.S.

Evidence that derives from illegally seized sources (such as photocopies) can not be used in the suspects trial. Fruit from the poisonous tree doctrine.

Fruit of the Poisonous Tree Doctrine

A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure.

Mapp v. Ohio

a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosec

Chimel v. California

1969 US Supreme Court ruling that held that upon arrest, the officer may search the person for weapons that would later harm an individual as well as the nearby area within reach of the person being arrested, but may not search other rooms in which the ar

Good-Faith Exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the t

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. Also, reasonable grounds to make or believe an accusation. Probable cause refers to the nece

Plain View

A legal term describing the ready visibilty of objects that might be seized as evidence dring 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 leg

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 of destruction of evidence.

Horton v. California

Fourth Amendment does not prohibit seizure of belongings not specifically listed in a warrant if items are in plain view and are found during a legal search for legal items. Not inadvertent.

Wilson v. Arkansas

officers usually, but not always, required to "knock and announce" when executing a warrant in order to secure that the search was reasonable. Officer must knock and announce their presence and wait a reasonable amount of time for someone to open the door

Richards v. Wisconsin

Individual courts have the duty in each case to determine whether the circumstances of the particular entry was justified by the "No knock rule

Anticipatory Warrents

a search warrent issued on the basis of probable cause to believe that evidence of crime while not currently at the place described will likely be there when the warrant is executed

Arrest

the act of apprehending (especially apprehending a criminal)

Search Incident to an Arrest

A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer. Individuals under arrest may be in possession of weapons

U.S. v. Robinson

officers have the right to conduct a warrantless search for purposes of personal protection.

Terry v. Ohio

Provides for a limited, warrantless, pat down search of an individual as long as the following conditions are met: (1) Suspicion: if the observer is a sworn police officer and is observing suspicious behavior, (2) Armed and Dangerous: he/she believes the

Reasonable Suspicion

evidence that justifies an officer in stopping & questioning an individual believed to be involved in criminal activity; based on less evidence than probable cause but more than mere hunch

Smith v. Ohio

Individuals have the right to protect their personal items from unwarranted police inspection.

California v. Hodari D.

Juvenile was chased by a cop and tossed away a small rock which proved to be crack cocaine. The kid claimed he was the victim of an unlawful seizure. Court ruled that the juvenile was untouched when he got rid of the evidence and therefore there was no se

Carroll v U.S.

police may stop and search a vehicle without a warrant if there is probable cause to believe that the vehicle is carrying individuals or articles that offend the law, and the vehicle is now or is about to be moved

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 jurisdictio

Compelling Interest

A legal concept that provides a basis for supicionless 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 v. Railway Labor Executives' Associatio

Suspicionless Searches

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.

Florida v. Bostick

randomized consent searches of individuals who are on public transportation is acceptable, even though such searches carry some degree of implied coercion and are not truly voluntary; the governing test is whether a reasonable person feels free to decline

U.S. v. Drayton

Police officers are not required to inform passengers that police searches are not mandatory.

Kyllo v U.S.

-thermal vision to check for signs of grow operation, and high electricity bill, then obtain warrant and seized 1000 plants
-moved to dismiss evidence on ground that thermal vision constituted a warrentless search,
SC-is this a search that is protected by

Alabama v. White

Anonymous tip about a chick driving a car to a motel with cocaine... Court upheld the police actions under a totality of circumstances approach.

U.S. Department. of Justice v. Landano

U.S supreme court required that an informants identity be revealed through request made under the federal Freedom of Information Act.

Interrogation

The information-gathering activity of police officers that involves the direct questioning of suspects.

Brown v. Mississippi

1936; held that the use of a confession extorted from the accused by brutality and violence is a denial of the 14th Amendment's guarantee of Due Process.

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 that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control.

Arizona v. Fulminante

the erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial; in some cases, an involuntary confession can be taken and legally admitted as evidence; the totality of the circumstances is to be considered (

Escobedo v. Illinois

1964--Ruled that a defendant must be allowed access to a lawyer before questioning by police.

Minnick v. Mississippi

Once counsel has been requested, the interrogator must cease and cannot resume until counsel is present. Whether he has already consulted with his attorney, as in this case, or not is irrelevant.

Miranda Warnings

warnings that must be read to suspects prior to questioning. Suspects must be advised that they have the rights of silence and counsel.

Dickerson v. U.S.

(2000) Congress cannot pass law contradicting Court ruling. Cited judicial review, dissent called ruling "Pyramid of judicial arrogance".

U.S. v. Patane

June 28th 2004 the Supreme Court that a mere failure to give Miranda Warnings does not violate a suspect's constutional rights or even the Miranda Rule

Illinois v. Perkins

Undercover agent placed in a jail cellblock -- conviction was upheld, no miranda warnings are neccesary because it was not a coercive atmosphere it is instead strategic deception which is valid.

Nix v. Williams

inevitable discovery exemption, evidence that was illegallyseized may be used in court if it can be shown that it would have inevitably been discovered

Miranda Triggers

The dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required.

Brecht v. Abrahamson

1993 rules a suspect silence will not be used against him

Electronic Communication Privacy Act (ECPA)

Unlawful to intercept messages in transmission or access stored information on electronic communication services

Sneak Peak Searches

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 investigative 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, acquistion, analysis, reporting, and safegaurding of date from digital devices that may contain information of evidentiary value to the trier of fact in criminal events.