FLASHCARDS — CHAPTER 8 (Bill of Rights, Policing, Searches, Miranda)

What is the Bill of Rights?

The first ten amendments to the U.S. Constitution; especially important in processing criminal defendants; based on landmark, precedent-setting decisions.

What did the Warren Court emphasize?

Individual rights, and required strict procedural requirements for police under Chief Justice Warren (1953–1969)

What is the purpose of the Miranda Warning?

To inform suspects of their 5th Amendment right against self-incrimination and 6th Amendment right to attorney before questioning.

When do Miranda rights apply?

Only when a suspect is in custody AND interrogation.

What indicates custody?

Arrest, handcuffs, or any detention that becomes a de facto arrest.

What does the Fourth Amendment protect?

Protection from unreasonable searches and seizures; warrants require probable cause and particularity.

What cases established the exclusionary rule?

Weeks v. U.S. (1914) and Mapp v. Ohio (1961).

Fruit of the Poisonous Tree: What is it?

Evidence obtained from an illegal search is inadmissible. Case: Silverthorne Lumber Co. v. U.S. (1920).

Search Incident to Arrest: What case defined limits of this?

Chimel v. California (1969) — search limited to the area within suspect’s immediate control.

What does Stop and Frisk require?

Reasonable suspicion (not probable cause). Based on Terry v. Ohio (1963).

What can establish reasonable suspicion?

“Furtive movements,” behavior suggesting involvement in a crime.

Can race be the sole basis for a stop?

No, but it can be considered with other factors.

What is the good-faith exception?

Evidence collected with a warrant believed to be valid can still be used. Includes: plain view, clerical errors, exigent circumstances.

What is excessive force?

Force beyond what is needed to compel compliance.
Case: Tennessee v. Garner (1985) — deadly force only if officer or others are in imminent danger.

What are grass eaters vs meat eaters?

Grass eaters passively accept bribes; meat eaters actively seek corruption.