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10 Cards in this Set
- Front
- Back
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LEGAL ARREST
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Take and hold a suspected criminal with legal authority (Probable Cause) or by Valid warrant for suspects arrest as by a Law Enforcement. "Miranda Rights" shall be recited to suspect. |
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EXCLUSIONARY RULE
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Principle based on Federal Constitutional Law that illegally seized evidence by LEO violating suspects right (freedom of unreasonable searches) and Seizures cannot be used against the suspect in a criminal prosecution. |
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LEGAL SEARCH WARRANTS
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Judge upon examination and proofs submitted (if pc exists) shall issue a search warrant. Warrant is signed by Judge ordering officer to search property (described in warrant) or the person named in the warrant; for the property and anyone person or persons arrested in connection with the property being seized before a Judge.
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CUSTODIAL INTEROGGATORIES
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Whomever is in care, custody or control over information/documents requested by another party to allow that party to "scope" and see or make copies of discovery.
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"TERRY" STOPS
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Permits LEO to stop, detain, and frisk persons who are suspected of criminal activity w/o first obtaining their consent, even to the officer may lack a warrant to conduct a search or probable cause to make an arrest. (Terry v Ohio)
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BELTON RULE
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Permits LEO to make an immediate search of the passenger of a vehicle incident to the arrest of an occupant or recent occupant. Applies when LEO does not initiate contact with the occupant until AFTER the occupant has voluntarily exited the vehicle and walked away from it.
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SEIZURE
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Taking by legal process of force (object or person) Example: Seizure of evidence found at a scene of a crime. |
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REASONABLE SUSPICION
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Gives a LEO the legal authority to stop someone and question them. Difference between reasonable suspicion and probable cause is pc appears a crime has HAS happened and reasonable suspicion appears a crime MAY have happened.
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ILLINOIS V. WARLOW
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Sudden flight in a high crime area does not create sudden suspicion justifying "Terry" stop because flight may simply be an exercise of the right to "go on ones way" Officers must learn facts rising to the level of PC and individual must be allowed to go his own way. Standing in high crime area alone not enough to support reasonable suspicion.
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SEARCH INCIDENT TO A LAWFUL ARREST
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AKA (SITA) or Chimel Rule (Chimel v California) legal principle that allows police to perform a warrantless search of an arrested person, and area within the arrestees immediate control, in the interest of officer safety, the prevention of escape and the destruction of evidence. Officer may search the area within the immediate reach of the person.
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