Chapter 6: Searches pt 2

These flashcards cover key terms, cases, and concepts from the lecture on consent searches and the legal standards pertaining to warrants and police procedures.

Consent Searches

Searches conducted with the permission of the individual, avoiding the need for a warrant.

Voluntary Consent

Consent given freely without coercion or pressure, essential for legality in searches.

Totality of Circumstances

The complete factual context surrounding an event, used to evaluate consent validity.

Schneckloth v. Bustamonte

A pivotal case determining the standards for voluntary consent in searches.

Coercion

The practice of persuading someone to do something by using force or threats, invalidates consent.

Right to Refuse

The legal entitlement of individuals to decline consent for searches.

Burden of Proof

The obligation on the party that asserts a claim to provide evidence supporting its validity.

Matlock Test

A standard determining whether one individual can consent to a search on behalf of another.

Georgia v. Randolph

A case establishing that a physically present occupant's refusal to consent is decisive.

Scope of Consent

The extent to which a search can occur, based on what a reasonable person would interpret the consent to cover.

Emergency Searches

Searches conducted under exigent circumstances where waiting for a warrant could result in destruction of evidence.

Destruction of Evidence

The imminent risk of evidence being destroyed can justify a warrantless search.

Exigent Circumstances

Urgent situations that allow police to bypass the warrant requirement due to immediate threats.

Knowledge of Consent Rights

Awareness of one's legal rights regarding consenting to a search and refusing it.

Rodney Case

This case examined the limits of consent giving through the lens of a defendant’s understanding.

Consent Withdrawal

The process by which an individual retracts previously given permission for a search.

Physical Presence

Existence in a location together with the necessity of consent laws for searches.

U.S. v. Houghton

A case affirming that probable cause allows searches of items within vehicles.

FBI's Informing Policy

The practice where the FBI informs individuals of their right to refuse consent.

New Jersey Law on Consent

State statutes emphasizing the burden on law enforcement to prove consent was voluntary.

Consent Forms

Official documents used to record and formalize an individual's permission for a search.

Intelligence Level

The mental capability of an individual, impacting their understanding of consent.

Age/Maturity

Factors that can influence whether an individual's consent is considered voluntary.

Criminal Justice System Experience

Prior interactions someone has had with law enforcement, affecting their understanding of rights.

Objective Reasonableness

A legal standard wherein an action is deemed reasonable based on common sense judgment.

Cooperation,

The degree to which an individual assists or works with law enforcement during a search.

Florida v. Jimeno

A case that discussed the reasonableness of consent scope based on objective factors.

Illinois v. Rodriguez

A case that examined the validity of consent given by someone who lacked authority.

Detention Length

The duration of a person being held by authorities; impacts the legality of consent.

Interrogation Nature

The context and intensity of questioning, which can affect the voluntary nature of consent.

Knowledge of Rights

Awareness of an individual's legal rights during interactions with police.

Miranda Rights

The rights of individuals taken into custody to communicate their rights to consent.

Ceballos Case

Highlighted the discussion around the knowledge of the right to refuse consent.

Robinettes Case

Further clarifies the parameters set in the legal discussion of consent.

Community Danger

A legal rationale allowing searches when there is belief of immediate danger to public safety.

Rights to Privacy

The principle that individuals have a right to keep certain information and spaces private.