Arrest, Search, and Seizure - Vocabulary Flashcards (Draper, Beck, Gerstein)

Vocabulary flashcards covering core concepts from Draper, Beck, and Gerstein, including probable cause, warrantless arrests, search incidents, and the 48-hour determination rule.

Probable Cause

Facts and circumstances known to officers that would lead a reasonable person to believe a crime has been or is being committed; can be based on trustworthy informant information if specific and corroborated.

Informant Reliability

Credibility and track record of an informant; reliable informants providing detailed, corroborated information can support probable cause.

Draper v. United States

A 1959 Supreme Court decision holding that an arrest based on detailed, reliable informant information can establish probable cause for arrest and a search incident to arrest without a warrant.

Hereford

The paid informant in Draper whose detailed description of Draper supported probable cause.

Search Incident to Arrest

A search of the arrestee and immediate surroundings conducted to protect officer safety and prevent destruction of evidence, permissible when the arrest is lawful.

Arrest Without a Warrant

An arrest made without a warrant when probable cause exists; permissible under certain conditions but still subject to the Fourth Amendment’s reasonableness standard.

Fourth Amendment

Constitutional protection against unreasonable searches and seizures; governs when arrests and searches may occur and often requires warrants.

Beck v. Ohio

A 1964 Supreme Court holding that an arrest and subsequent search without sufficient probable cause or a warrant violate the Fourth Amendment.

Lack of Probable Cause (Beck reasoning)

Insufficient specific and articulable facts to justify an arrest; general information or vague descriptions are not enough.

Gerstein v. Pugh

A 1975 Supreme Court decision holding that the Fourth Amendment requires a prompt judicial determination of probable cause before extended pretrial detention after an arrest without a warrant; no right to an adversary hearing at arraignment.

Prompt Judicial Determination

A timely, court-based review of probable cause to justify detention after an arrest without a warrant.

48-Hour Rule

The rule that probable cause must be determined within 48 hours of arrest; review can be of a PC affidavit without a formal hearing, and courts must be available on weekends/holidays.

42 U.S.C. § 1983

Civil rights statute enabling suits against state actors (e.g., sheriffs, municipalities) for violations of constitutional rights, such as unlawful detention.

Adversary Hearing

A hearing where the prosecution and defense present opposing arguments on the merits; not required for the initial probable cause determination in Gerstein.

Extended Pretrial Detention

Detention of a suspect for an extended period without timely judicial review of probable cause, which Gerstein aims to prevent.