Criminal Procedure Lecture Review

Flashcards covering key vocabulary and concepts from the Criminal Procedure lecture notes, including probable cause, warrant requirements, special exceptions, and police conduct rules.

Probable cause

Whether the facts and circumstances before the officer are such to warrant a man of prudence and caution in believing that an offense has been committed; it is more than a bare suspicion but less than evidence that would justify conviction.

Old Agular Spineli Test

A rigid application for evaluating anonymous tips that required two specific conditions: veracity/reliability and basis of knowledge.

Veracity/reliability (Agular Spineli Test)

One of the two requirements of the Old Agular Spineli Test; it assesses whether the information source is trustworthy.

Basis of knowledge (Agular Spineli Test)

One of the two requirements of the Old Agular Spineli Test; it assesses where the informant obtained their information.

Police arrest (Probable Cause)

Police can make arrests based on probable cause without an arrest warrant, and then determine if probable cause existed.

Automobile exception

Allows an officer to search a car if they have probable cause to believe evidence of a crime or contraband is inside it.

Totality of the circumstances test (Warrant)

If there is probable cause that evidence of a crime or contraband will be found in a particular place, a warrant can be obtained.

Dog reliability (for search)

A dog is considered reliable for indicating contraband if it has passed its training program and is certified.

Whren Test (automobile stop)

Stopping an automobile is considered reasonable when police have probable cause to believe that a traffic violation has been committed.

Reasonable suspicion

A combination of an officer's understanding of the facts and their understanding of the relevant law.

Shadwick v. City of Tampa

Authorized municipal court clerks to issue arrest warrants for violations of municipal ordinances, provided they are capable of determining probable cause and are neutral and detached.

Neutral and detached magistrate

A requirement for warrant issuance; the person must be capable of determining if probable cause exists and be separate from law enforcement activities.

Particularity Requirement (Warrants)

A warrant must specifically detail the place to be searched and the items to be seized.

Anticipatory warrant

A warrant issued before contraband or evidence of a crime will be present at a particular location, only becoming effective once a 'triggering condition' occurs.

Two-part standard for anticipatory warrants

Requires probable cause (fair probability) that a triggering condition will occur, and probable cause (fair probability) that contraband or evidence of a crime will be found in a particular place once the condition occurs.

Summers ruling (detention during search)

If police are searching a residence pursuant to a search warrant, occupants present at the time can be detained to prevent flight, harm to officers or destruction of evidence, and to facilitate the orderly completion of the search.

Bailey ruling (detention limits)

Once a person is beyond the immediate vicinity of the home that is being searched, the special search-related law enforcement interests that justify their detention disappear.

Knock and announce rule

Officers must knock and announce their presence and wait a reasonable amount of time before forcibly entering a premises.

Exceptions to Knock and announce rule

Officers are excused from the rule if they have reasonable suspicion that announcing their presence would be dangerous or futile, or would allow for the destruction of evidence.

Consequences of violating Knock and announce rule

There are generally no consequences for officers who violate this rule; evidence is not suppressed even if the rule is breached.

Unreasonable police actions

Actions such as prolonged or unnecessary periods of detention, or unnecessary excessive force restraints that cause unnecessary pain during an unreasonable period of time.