4th Amendment and Law Enforcement Practices

This set of flashcards covers key legal concepts, procedures, and principles related to the 4th Amendment and the practices of law enforcement, based on provided lecture notes.

4th Amendment

Protects against unreasonable searches and seizures by the government.

Reasonable Suspicion

A standard used in criminal procedure that is lower than probable cause, allowing for brief stops and detentions.

Probable Cause

A reasonable belief that a crime has been committed, necessary for obtaining a warrant or making an arrest.

Warrant Clause

The part of the Fourth Amendment requiring search warrants to be judicially sanctioned and supported by probable cause.

Exclusionary Rule

A legal rule that prevents illegally obtained evidence from being used in court.

Terry Stop

A brief detention for questioning by law enforcement, based on reasonable suspicion.

Plain View Doctrine

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

Consent Search

A search conducted with the agreement of the person being searched, which eliminates the need for a warrant.

Search Incident to Arrest

A legal search of a person following an arrest, typically for weapons and evidence implicitly connected to the arrest.

Carroll Doctrine

A legal principle that allows the search of a vehicle without a warrant if there is probable cause to believe it contains evidence.

Exigent Circumstances

Situations that allow law enforcement to enter a premises without a warrant due to an emergency situation.

Criminal Complaint

The formal accusation made against an individual alleging that they committed a crime.

Search Warrant

A legal document authorizing a police officer to enter and search a property.

Inventory Search

A search conducted by police to catalog the items found in a vehicle or on a person, usually conducted after an arrest.

Aguilar Test

A two-pronged test used to evaluate the reliability of informant information for obtaining a warrant.

Good Faith Exception

A legal doctrine allowing evidence collected in violation of a person's rights to be admissible in court if the obtaining officer acted in good faith.

Inevitable Discovery Rule

An exception to the exclusionary rule stating that evidence obtained illegally can still be used in court if it would have been discovered legally.

Fruits of the Poisonous Tree Doctrine

A legal metaphor used to describe evidence obtained from illegal searches and seizures that cannot be used in court.”},{

Pre-Assault Indicators

Warning signs or behaviors that suggest a person may become violent.

Recognition Primed Decision-Making

A cognitive process where decision-making occurs based on one’s experience and training.

Self-Regulation Techniques

Methods used to manage stress and maintain performance during high-stress situations.

Adaptive Stress

Stress that can enhance performance, enabling individuals to function better under pressure.

Tactical Breathing

A self-regulation technique involving deep, controlled breathing to reduce stress.

Micro Goals

Small, attainable goals that help to break down larger objectives into manageable parts.

Tunnel Vision

A narrowed focus that can occur in high-stress situations, limiting perception of surroundings.

C.C.C Control, Challenge, Commitment

Strategies used to manage chronic stress.

Dynamic Fitness

The condition of being capable of altering response and maintaining efficacy under stress.

Functional Fitness

The ability to perform daily activities effectively and efficiently.

Reasonable Suspicion

A belief based on articubal facts and knowledge that does not stem from an individual’s specific action.

Curtilage

The area immediately surrounding a dwelling, protected under the Fourth Amendment.

Public View

Anyone can observe activities in this area without any exceptions.

Confidential Informant

An informant who provides information to law enforcement under conditions of anonymity.

Judicial Authorization

Approval by a judge for actions undertaken by law enforcement, such as searches or arrests.

Misdemeanor

A criminal offense punishable by one year or less in jail.

Felony

A serious crime punishable by imprisonment for more than one year.

Hot Pursuit

The immediate pursuit of a suspect by law enforcement, allowing entry without a warrant.

Grand Jury Subpoena

A legal order to appear before a grand jury and provide evidence or documents.

Search Warrant Necessity

The legal requirement for a warrant in most searches unless an exception applies.

Compliance with Subpoena

Obligation to provide requested documents or testimony upon receiving a subpoena.

Burden of Proof

The obligation to prove one's assertion or argument in a legal proceeding.

Nexus

The connection between firearms offenses and interstate commerce.

Weapon Registration Requirement

The obligation to register certain types of firearms under federal law.

Assault Definition

The illegal act of threatening or inflicting physical harm on another person.

Analysis of Witness Statements

Critical evaluation of what witnesses say to determine credibility.

Search Under Exigency

A situation that permits officers to search without a warrant due to emergent circumstances.

Factors for Exigent Circumstances

Compelling reasons that justify a warrantless search or seizure.

Basic Crime Photography

Standard practices in photographing crime scenes for legal documentation.

Violent Crime Indicators

Warnings signs that suggest a potentially dangerous or violent situation.

Digital Evidence Development

The process of collecting and analyzing electronic data as forensic evidence.

Lawful Entry Conditions

Legal prerequisites that justify entering a person's dwelling without consent.

Circumstantial Evidence

Indirect evidence that suggests a fact is true but does not directly prove it.

Standard of Proof

The degree to which a party must prove a case in a legal proceeding.

Evidence Chain of Custody

Documentation that tracks the handling of evidence throughout the legal process.

Indictment

Formal accusation of a crime made by a grand jury.

Operational Flexibility

The ability of law enforcement agents to adapt their procedures during operations.

Informed Consent

Permission granted with full knowledge of the consequences, often relevant in legal searches.

Judicial Oversight

The role of the courts in monitoring legal compliance by law enforcement.

Surveillance Procedures

Methods and tactics used to observe and gather information discreetly.

Legal Liability

Responsibility held by officers or the department for unlawful actions.

Incident Report Documentation

Official record of events and actions taken by law enforcement during an incident.