criminal procedure

Card Set Information

criminal procedure
2011-02-11 14:27:38

chapters 7-8
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  1. a seizure accomplished by taking the person into custody with the use of hands or firearms or by merely touching the individual without the use of force.
    actual seizure
  2. the taking of a person into custody agaist her will for criminal prosecution
  3. a writ issued by a magistrate, justice, or other competent authourty, addressed to a sheriff, constable, or other officer, requiring him or her to arrest the person it names and bring the person before the magistrate or court to answer, or to be examined, concerning some offense that he or she is charged with having committed."
    arrest warrent
  4. a writ from the bench used to arrest and bring nonappearing defendants before the court.
    bench warrent
  5. literally you take, a warrant issued by a judge, requiring an officer to take a named defendant into custody.
  6. an order issued by a court or law enforcemnt officer commanding the person to whom the citation is issued to appear in court at a specified time to answer certain charges.
  7. a seizure accomplished without any physical touching, grabbing, holding, or use of force- occurs when the individual peacefully submits to the officers will and control
    consturctive seizure
  8. force that when used would lead a reasonable officer objectively to conclude that it poses a high risk of death or serious injury to its human target.
    deadly force
  9. emergency circumstances that make obtaining a warrant impracticle, useless, dangerous, or unnecessary and that justify warrantless arrests or entries into homes or premisies.
    exigent circumstances
  10. a policy that authoriezes peace officers from one state, through a uniform act adopted by most states, to enter another state in fresh pursuit to arrest a suspect for a felony committed in the first state.
    hot pursuit exception
  11. a warrant in which only the name john doe appears, bc the real name of the suspect is not known to the police. it is valid only if it contains a description of the accused by which he or she can be identified with reasonable certainty.
    john doe warrant
  12. a magistarate (issuing a warrant) who is not unalterabley aligned with the police or the prosecutors position in the case.
    neutral and detached magistrate
  13. force that when used is not likely to result in serious bodily injury or death
    nondeadly force
  14. entry made by the police into places or areas other thatn where an arrest or seizure is taking place for purposes of personal protection.
    protective sweep
  15. force that is meant to punish rather than merely to bring the situation under control
    punitive force
  16. the kind of force that a purdent and cautious person would use if exposed to similar circumstances; it is limited to the amount of force that is necessary to achieve valid and proper results.
    reasonable force
  17. searches conducted by government inspectors to determine whether there are violations of government rules and regulations.
    administrative searches
  18. a warrant obtained based on probable cause and an expectation that seizable items will be found at a certain place at a certain time.
    anticipatory search warrant
  19. the principle that a search is valid if consent was given by a person whom the police reasonably believed to have authority to give such consent, even if that person turns out not to have such authority.
    apparent authourty principle
  20. the area from which an arrested person might be able to obtain a weapon or destroy evidence
    area of immediate control
  21. the rule that after an arrest the police may search the areas within a suspects immediate control, meaning the area from which the suspect might be able to obtain a weapon or destroy evidace
    chimel rule
  22. a search made at the same time as, or very close in time and place to, the arrest.
    contemproaneous search
  23. literally means in place of parents- the concept is cited by the court as a reason high schools should be given certain search and seizure powers over students during school hours.
    in loco parentis
  24. searches wihout announcement, authourized by state statutes, particularly in drug cases.
    no knock searches
  25. more than bare suspicion- when the facts and circumstances with in the officers knowledge is trustworthy
    probable cause
  26. the degree of privacy that entitles a person by constitutional right to be protected from government intrustion in private or public places.
    reasonable expectation of privacy
  27. the right to be let alone by others, including the government and its law enforcement agents.
    right to privacy
  28. the exploration or examination of an individuals home, premises,or person to discover things or items that may be used by the government as evidence in a criminal prosectution.
  29. a written order issued by a magistrate, direction a peace officer to search for property connected with a crime and bring it before the court.
    search warrant
  30. the exercise of dominion or control by the government ober a perosn or thing because of a violation of the law
  31. an exception to the requirements of a warrant and probable cause under the fourth amendment-it allows warrantless searches and searches on less than probable cause in cases where thaer are needs to be ment other than those of law enforcement, such as the supervidion of hight schoool students, probationers and parolees.
    special needs beyond law enforcement exceptions.