CJS 204 Exam 3 Study Guide

Articulable facts

actions described, in clear distinct statements

attenuation doctrine

evidence obtained as a result of a previous illegality may be admissible at trial if it is so far removed, through time and space, from the original violation that any “taint” has dissipated

bright-line approach

determining the reasonableness of an action according to a specific rule that applies to all cases

case by case method

determining the reasonableness of an action by considering the totality of circumstances in each case

consent decree

a court-enforced agreement, with oversight provided by a federal judge and a court- appointed monitor who reports the organization’s compliance quarterly

continuum of contacts

the almost limitless variations of contacts between the public and the police illustrating how justification for police action increases as their reasons for thinking criminal activity is afoot build

conventional Fourth Amendment approach

viewing the reasonableness clause and the warrant clause as intertwined and firmly connected

exclusionary rule

viewing the reasonableness clause and the warrant clause as intertwined and firmly connected

frisk

a pat down of a person for weapons

fruit of the poisonous tree doctrine

evidence obtained as a result of a previous illegality (a constitutionally invalid search or activity) must be excluded from trial

furtive conduct

questionable, suspicious, or secretive behavior

good faith

officers are unaware that they are acting in violation of a suspect’s constitutional rights

harmless error

an exception to the exclusionary rule involving the admissibility of involuntary confessions and referring to instances in which the preponderance of evidence suggests the defendant’s guilt and the “tainted” or illegal evidence is not critical to proving the case against the defendant

inevitable discovery doctrine

exception to exclusionary rule deeming evidence admissible even if seized in violation of the Fourth Amendment when it can be shown that the evidence would have inevitably been discovered through lawful means

litigious

a tendency toward suing; a belief that most controversies or injurious acts, no matter how minor, should be settled in court

magistrate

a judge

memorandum of agreement

not judicially enforced but does have an appointed monitor who makes quarterly reports

nightcap(ped) warrant

issued when officers wish to execute a warrant at night because that is when the suspected illicit activity is primarily occurring

no-knock warrant

issued when officers want to make an unannounced entrance because they are afraid evidence might be destroyed or officer safety requires it

probable cause

exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed; stronger than reasonable suspicion but less than the quantum of evidence required for conviction

reasonable

sensible, rational, justifiable (SRJ)

reasonableness Fourth Amendment approach

the reasonableness clause and the warrant clause are interpreted as separate issues

reasonable suspicion

more than an experienced officer’s hunch or intuition, and more than mere whim, caprice, or idle curiosity; it is a rational inference taken from specific and articulable facts, and viewed objectively using the totality of the circumstances

search

an examination of a person, place, or vehicle for contraband or evidence of a crime

seizure

an examination of a person, place, or vehicle for contraband or evidence of a crime

stop

a brief detention of a person, short of an arrest, based on specific and articulable facts for the purpose of investigating suspicious activity

Terry stop

an officer with articulable reasonable suspicion may conduct a brief investigatory stop, including a pat down for weapons, if the officer has reason to suspect the person is armed and dangerous

totality of circumstances

the principle on which a number of legal assessments are made; is not a mathematical formula for achieving a certain number of factors but rather a sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers, including probable cause, used to assess whether the sum total would lead a reasonable person to believe what the officers concluded

arrest

the taking of a person into custody, in the manner authorized by law, to present that person before a magistrate to answer for committing a crime

citizens arrest

the detention by a nongovernment agent of one accused of an illegal act

de facto arrest

a situation in which the police take someone in for questioning in a manner that is, in reality, an arrest, but without the requisite probable cause

fresh pursuit

officers leaving their jurisdiction to chase a suspect that are already chasing

hot pursuit

officers are allowed to forcibly enter protected areas without warrants when they usually require one if they are in pursuit of a suspect

force

intentional contact, causing injury or pain, or action that restricts one’s freedom of movement; includes threats of force

functional equivalent

essentially the same or serving the same purpose

pretext stop

stopping a vehicle to search for evidence of a crime under the guise of a traffic stop

proportional

level of force used in a given situation was reasonable in that it closely matched the necessity for action based on what was happening

administrative warrant

allows civil inspections of private property to determine compliance with government rules, regulations, and city ordinances such as fire or building codes; may also be obtained so government agents can conduct routine inspections when occupants refuse their entry

contemporaneous

a concept that holds a search can be incident to an arrest only if it occurs at the same time as the arrest and is confined to the immediate vicinity of the arrest

contraband

anything that is illegal for people to own or have in their possession, for example illegal drugs, or illegal weapons

curtilage

the portion of property generally associated with the common use of land

exigent circumstances

emergency situations

mosaic theory

a legal concept in which law enforcement activity is evaluated by the courts as an aggregated whole when deciding if a search occurred

plain feel

items felt during a lawful stop and frisk may be retrieved if the officer reasonably believes the items are contraband and can instantly recognize them as such

plain touch

same as plain feel

plain view

items felt during a lawful stop and frisk may be retrieved if the officer reasonably believes the items are contraband and can instantly recognize them as such

protective sweep

a limited search made in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene

qualified immunity

exemption of a public official from civil liability for actions performed during the course of their job unless they violated a “clearly established” constitutional or statutory right of which a reasonable person would have known

reasonable expectation of privacy

a situation in which (1) a person has exhibited an actual (subjective) expectation of privacy and (2) that expectation is one that society is prepared to recognize as reasonable

remoteness

regarding the unreasonableness and unlawfulness of searches of seized luggage or other personal belongings not immediately associated with the arrestee’s body or under their immediate control

third-party doctrine

there is no reasonable expectation of privacy in information conveyed to third parties

voluntariness test

a determination as to whether one willingly and knowingly relinquished their constitutional rights; considers the totality of circumstances to determine whether consent was given freely and truly voluntarily

waiver test

citizens may waive their rights, but only if they do so voluntarily, knowingly, and intentionally

wingspan

the area within a person’s reach or immediate control