Chapter 4 and 5

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Chapter 4 and 5
2011-01-28 13:49:35
exclusionary rule

The exclusionary rule/stop and frisk and stationhouse detention
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  1. The exclusion in court of evidence illegally obtained; the rule of evidence providing that any evidance obtaind by the government in violation of the 4th ammendments guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to establish the defendants guilt.
    Exclusionary Ruld
  2. The doctrine holding that once the primary evidence (the tree) is shown to have been unlawfully obtained any secondary evidence (the fruit) derived from it is also inadmissible.
    fruit of the poisonous tree doctrine
  3. Exceptions to the exclusionary rule holding that evidence obtained by the police is admissible in court even if there was an error or mistake as long as the error or mistake was not committed by the police or, if committed by the police, was honest and responsible
    good faith exceptions
  4. An error made during a trial that does not result in the reversal of a conviction on appeal.
    harmless error ruls
  5. An exception to the exclusionary rule holding that evidence obtained is admissible, despite its initial illegality, if the police can prove that it was obtained from an independent source that is not connected to the illegal search or seizure.
    independent source exception
  6. An exception to the fruit of the poisonous tree doctrine holding that the evidence is admissible, despite its initial illegality, if the police can prove that they would inevitably have discovered the evidence by lawful means regardless of their illegal action.
    inevitable discovery exception
  7. court can eliminate it at any time and congress can modify it at any time.
    judge made rule
  8. an exception to the fruit of the poisonous tree doctrine, applicable when the defendants subsequent voluntary act dissipates the taint of the initial illegality. A defendants intervening act of free will is sufficient to break the causal chain between the tainted evidence and illegal police conduct, so that the evidence becomes admissible.
    purged taint exception
  9. a doctrine applied in fed courts from 1914 to 1960, under which evidence of a federal crime that had been illegally obtained by state officers was admissible in federal courts, although it would not have been admissible if it had been obtained by federal officers
    silver platter doctrine
  10. The issue of whether a party in a case is the proper party of raise a legal issue
  11. a set of identifiers developed by law enforcment agencies indicating the types of individuals who are likely to transport drugs.
    drug courier profile
  12. a search conducted by law enforcement officers with no definite seizable contraband or items in mind in hopes of finding some usable evidence.
    fishing expedition
  13. the pat down of a person outer clothing after a stop to see if he or she has a weapon or something that feels like a weapon, which can be seized by the officer.its done for protection of the officer and others
  14. the doctrine that if an officer touches or feels something that is immediately recognizable as seizable, the object can be seized as long as such knowledge amounts to probable cause.
    plain touch doctrine
  15. stopping a person solely on the basis of racial or ethnic identity.
    racial profiling
  16. that "quantum of knowledge" sufficient to induce an ordinarily prudent and cautious man under similar circumstances to believe criminal activity is at hand, it must be based on specific and articulable facts. a degree of proof that is less than probable cause but more than suspicion.
    reasonable suspicion
  17. a form of detention, usually in a police facility, that is short of arrest but greater than the on the street detention of stop and frisk. it is used in many jurisdictions for obtaining fingerprints or photograpths, ordering police lineups administering ploygrapgh examinations, or securing other identification or nontestimonial evidence.
    stationhouse detention
  18. the brief detention of a person when the police officer has reasonable suspicion, in light of his or her experience, that criminal activity is about to take place