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AmendmentsSupreme
Court Cases
Arrest Searches Laws
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Vocabulary
The prying into hidden places
What is a search?
Freedom from unreasonable searches and
seizures
What is the 4th amendment?
Right to a public and speedy trial
What is the 6th amendment?
Requires probable cause, oath of affirmation,
description of places to be searched and items to be seized
What is a search warrant?
You have the right to remain silent. Anything you say
can and will be used against you in a
court of law.
What is the Miranda Warning?
The Supreme Court case that developed the “Exclusionary
Rule”
What is Mapp v. Ohio?
Supreme Court case that gives
officers the right to “frisk”
What is Terry v. Ohio?
Supreme Court case that says detentions can only last as long
as reasonably necessary
What is Florida v. Royer?
Supreme Court case that ruled defendants have the right to be represented by an attorney in felony
cases
What is Gideon v. Wainwright?
Supreme Court case that says
contraband in plain view is subject to
search and seizure
What is Coolidge v. New Hampshire?
Actual, corporeal and forcible
detention
What is constructive
custody?
A crime has occurred and a
person is associated with it
What is probable cause?
Flight
Contraband or weapons in plain view
Admission of confession
Unreasonable explanation
Criminal record
What are probable cause building
blocks?
Intent
Authority
Custody (Seizure or Detention)
Understanding of Subject
What are the elements of arrest?
Scan of an area while serving a
search warrant. Items can be seized and charges filed.
What is a protective sweep?
All warrants must be based on this
element
What is probable cause?
Control exercised over anotherCertain limits
Subject to “general authority”
What is restraint?
When a person has been actually placed
under restraint or taken into custody
What is Arrest?
Careful pat of outer clothing because of
suspicion of a weapon
What is a frisk?
Offense within view
Felony offense and no time to get a warrant
Breach of the peace
What is a warrantless arrest?
Protects against double jeopardy
and self-incrimination
What is the 5th amendment?
Level of proof required for an
administrator to search at school
What is reasonable suspicion?
Fruits of a crime
Tools of a crime
Contraband
Mere Evidence
What are categories of
evidence?
Suspect fits the description
Suspect is present in crime area
Suspect is running away
What is a justified stop?
Natural and detached magistrate
Oath of affirmation
Probable cause
Particularity
What are elements of a search warrant?
Right to Due Process
What is the 14th amendment?
Right to counsel, notice of accusations
and to confront witnesses
What is the 6th amendment?
Asks for new trial
Conviction overturned
Hung jury
State and Federal trial
What are the exceptions to
Double Jeopardy?
PersonsVehiclesPlaces
Open FieldsAnything with consentAbandoned Property
InventoryPlain View
What is an exception to a
search warrant?
Arrest must be lawful
Search area within immediate control
Contemporaneous with arrest
Not destroy evidence
What is search incident to arrest?
Make your wager
Supreme Court case that ruled that there is no strict time line fora trial; there is no constitutional requirement to give a defendant a
trial within a specified time
Barker v. Wingo