4th Amendment and Courtroom Evidence Flashcards

These vocabulary flashcards cover key terms and concepts related to the 4th Amendment, courtroom evidence, federal court procedures, officer liability, and self-incrimination.

Fourth Amendment

Protects against unreasonable searches and seizures.

Probable Cause

A reasonable basis for believing that a crime may have been committed.

Miranda Rights

Rights that must be read to suspects upon arrest, ensuring they are aware of their rights to silence and an attorney.

Custodial Interrogation

Questioning by law enforcement officers after a person has been deprived of freedom in a significant way.

Exigent Circumstances

Situations where law enforcement can act without a warrant due to urgent situations.

Search Warrant

A legal document authorizing police to search a specific place for specific items.

Self-Incrimination

The act of exposing oneself to criminal prosecution.

Consent Search

A search conducted by law enforcement after obtaining permission from the individual.

Plain View Doctrine

Allows police to seize evidence without a warrant if it is clearly visible.

Show-up Identification

A procedure where a suspect is shown to a witness shortly after a crime.

Terry Stop

A brief detention of a person by police on reasonable suspicion of involvement in criminal activity.

Exclusionary Rule

The legal principle that prohibits the use of illegally obtained evidence in a criminal trial.

Affidavit

A written statement confirmed by oath or affirmation for use as evidence.

Witness Testimony

Information provided by a person who has observed an event or crime.

Impeachment of Witness

To challenge the credibility of a witness.

Hearsay

Testimony in court that is not based on a witness's direct knowledge.

Chain of Custody

The process of maintaining and documenting evidence.

Motion to Suppress

A request to exclude certain evidence from being introduced.

Arrest Warrant

A document issued by a judge authorizing the arrest of a person.

Seizure

The act of taking possession of evidence by law enforcement.

Witness Intimidation

Influencing a witness to not testify or to alter their testimony.

Interrogation

A formal or systematic questioning by law enforcement.

Exculpatory Evidence

Evidence that may prove a defendant's innocence.

Subpoena

A document ordering a person to attend court as a witness.

Custodial Interrogation

Questioning that occurs after a person is taken into custody.

Curtilage

The area immediately surrounding a dwelling, where privacy is expected.

Fifth Amendment

Protects individuals from self-incrimination and double jeopardy.

Due Process

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Qualified Immunity

A legal doctrine shielding government officials from liability for civil damages.

Civil Rights Violation

When an individual's rights are infringed upon by government actors.

Detention

A brief holding of a person to investigate potential involvement in a crime.

Bivens Action

Civil suit against federal agents for constitutional violations.

Federal Tort Claims Act (FTCA)

Allows individuals to sue the federal government for negligence.

Field Interview

An informal questioning of a suspect in a public space.

Statutory Law

Written laws passed by legislative bodies.

Federal Bureau of Investigation (FBI)

A federal agency responsible for investigating and enforcing federal laws.

Intoxicants

Substances that cause changes in the physiological or psychological state of a person.

Undercover Operation

An investigation where law enforcement officers disguise themselves to catch criminals.

Racial Profiling

Targeting individuals for suspicion of a crime based on their race.

Immunity

Protection from legal liability.

Substance Abuse

The harmful or hazardous use of psychoactive substances.

Collateral Estoppel

A legal principle that prevents a party from re-litigating an issue that has already been judged.

Accused

A person formally charged with a crime.

Amicus Curiae

A person or group that is not a party to a case but offers information or advice.

Voluntariness of Confession

The requirement that a confession must be made freely and without coercion.

Waiver of Rights

The voluntary relinquishment of a known right.

Indictment

A formal charge or accusation of a serious crime.

Exclusionary Doctrine

The principle that evidence collected or analyzed in violation of the defendant's constitutional rights is inadmissible.

Constitutional Rights

Fundamental rights afforded to all citizens under the Constitution.

Surveillance

The close observation of a person or group, especially for criminal purposes.

Plain Touch Doctrine

Allows police to seize contraband detected by touch during a lawful stop.

Undercover Operation

A law enforcement action conducted by officers masquerading as criminal participants.

Search and Seizure

A procedure used by law enforcement to search a person's property and seize evidence.

Intervening Circumstances

Events that can break the causal connection between an illegal arrest and a confession.

Voluntary Surrender

When a suspect turns themselves in to law enforcement.

Warrantless Search

A search conducted without a warrant, which may be lawful under certain exceptions.

Judicial Review

The process by which courts interpret the law and determine the constitutionality of legislative and executive actions.

Detention Hearing

A court proceeding to determine if a criminal defendant should remain in custody.

Legal Principle

A foundational concept on which the law is based.

Acquittal

A judgment that a person is not guilty of the crime with which they have been charged.

Precedent

A legal case that establishes a principle or rule that is followed by other courts.

Affirmative Defense

A defense that seeks to justify or excuse the defendant's conduct.

Joint Venture

A partnership in which two or more entities collaborate to achieve a common goal.

Assault

An intentional act that creates an apprehension of harmful or offensive contact.

Incriminating Evidence

Evidence that can lead to a person's conviction.

Impeachment

The process of calling into question the integrity or credibility of a witness.

Public Safety Exception

An exception allowing law enforcement to question a suspect without Miranda warnings in order to protect others.

Constitutional Violation

An infraction of rights protected by the Constitution.

Aggravating Circumstances

Factors that increase the severity or culpability of a criminal act.

Bench Trial

A trial in which a judge hears and decides the case without a jury.

Double Jeopardy

Being tried for the same crime twice, which is prohibited by the Fifth Amendment.

Sentencing Guidelines

Rules governing the lengths of sentences for different crimes.

Informed Consent

Permission granted with full understanding of potential risks.

Traid Contractor

An individual who has a relationship with the government to provide goods and services.

Non-Testimonial Evidence

Physical evidence that does not involve verbal testimony, such as fingerprints or DNA.

Search Incident to Arrest

A legal search that allows law enforcement to search a person and the immediate surroundings upon arrest.

Fifth Amendment Right to Counsel

The right of a person to have a lawyer present during interrogations after invoking the right.

Initial Appearance

The first court appearance of a defendant after an arrest.

Open-Fields Doctrine

Allows police to search open fields without a warrant.

Search and Seizure Laws

Legal provisions governing the search and taking of property.

Federal Rules of Criminal Procedure

Rules that govern the conduct of all criminal proceedings in federal courts.

Criminal Procedure

The body of law governing the way criminal proceedings are conducted.

Exemption from Liability

Legal stipulation that protects individuals from legal responsibility in specific instances.

Lawful Entry

Entering a property without violating the law, often with a warrant.

Affirmative Defense

A type of defense which, if proven, negates liability even if the prosecution's claims are true.