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These flashcards cover key terms and concepts related to the Fourth Amendment, Fourth Amendment implications, federal court procedures, self-incrimination, officer liability, and courtroom evidence.
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Fourth Amendment
Protects against unreasonable searches and seizures, requiring any warrant to be judicially sanctioned and supported by probable cause.
Probable Cause
A reasonable basis for believing that a crime may have been committed, required for obtaining search and arrest warrants.
Miranda Rights
Rights informed to a suspect in custody, including the right to remain silent and the right to an attorney.
Terry Stop
A brief detention for questioning, justified by reasonable suspicion of criminal activity.
Exigent Circumstances
Situations that do not permit police to obtain a warrant prior to conducting a search or making an arrest.
Consent Search
A search conducted with the permission of the individual whose property is being searched, not requiring a warrant.
Self-Incrimination
The act of exposing oneself to prosecution by making statements or providing evidence; protected by the Fifth Amendment.
Plain View Doctrine
Allows law enforcement to seize evidence without a warrant if it is clearly visible.
Qualified Immunity
A legal doctrine that protects government officials from being held personally liable for constitutional violations under certain circumstances.
Show-Up Identification
A one-on-one identification procedure where a witness is shown a single suspect shortly after a crime has occurred; must be conducted carefully to avoid suggestiveness.
Bivens Action
A lawsuit against federal officials for violating constitutional rights; named after the Supreme Court case Bivens v. Six Unknown Named Agents.
Fifth Amendment
Part of the Bill of Rights that protects individuals from being compelled to testify against themselves in criminal cases.
Subpoena Duces Tecum
A court order requiring a person to produce documents or records.
Indictment
A formal charge or accusation of a serious crime, issued by a grand jury.
Information
A written accusation of a crime filed by a prosecutor without a grand jury indictment.
Arraignment
A court proceeding in which a defendant is formally charged, and enters a plea.
Protective Sweep
A quick and limited search of a premises to protect the safety of law enforcement officers.
Exclusionary Rule
A law that prohibits the use of illegally obtained evidence in a criminal trial.
Chain of Custody
The process of maintaining and documenting the handling of evidence to ensure its integrity.
Pretextual Stop
A traffic stop made under false pretenses but justified by the actual commission of a traffic violation.
Custodial Interrogation
Questioning by law enforcement after a person has been taken into custody; requires Miranda warnings.
Hearsay
Information received from others that cannot be adequately substantiated; often not admissible in court.
Public Record Exception
A hearsay exception that allows for the admission of public records as evidence.
Voluntariness
A legal standard determining if a confession or statement was made freely without coercion.
Witness Immunity
Legal protection that allows a witness to testify without fearing that their testimony will be used against them.