Chapter 6: Police and Law

Criminal Justice in America Tenth Edition by George F. Cole, Christopher E. Smith, and Christina DeJong

Search

Government officials’ examination of and hun for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy

Reasonable Expectation of Privacy

The objective standard developed by courts for determining whether a government intrusion into an individual’s person or property constitutes a search because it interferes with the individual’s interests that are normally protected from government examination

Plain View Doctrine

Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

Seizures

Situations in which police officers use their authority to deprive people of their liberty or property and that must not be “unreasonable” according to the Fourth Amendment

Stop

Government official’s interference with an individual’s freedom of movement for a duration that typically lasts less than one hour and only rarely extends for as long as several hours

Reasonable Suspicion

A police officer’s belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy

Tennessee v. Garner (1985)

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others

Probable Cause

Reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime

Affidavit

Written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant

Illinois v. Gates (1983)

US Supreme Court decision that established the flexible “totality of circumstances” test for determining the existence of the probable cause needed for a obtaining a search warrant

Totality of Circumstances

Flexible test established by the Supreme Court for identifying whether probable cause exists that permits the judge to determine if the available evidence is both sufficient and reliable enough to issue a warrant

Terry v. Ohio (1968)

Supreme Court decision endorsing police officer’s authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity

Stop-and-Frisk

Limited search approved by the Supreme Court in Terry v. Ohio, which permits police officers to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activity

Chimel v. California (1969)

Supreme Court decision hat endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested

Exigent Circumstances

When there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

United States v. Drayton (2002)

Judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search

Inventory Search

Permissible warrantless search of a vehicle that has been “impounded” - meaning that it is in police custody - so that police can make a record of the items contained in the vehicle

Miranda v. Arizona (1966)

US Supreme Court decision declaring that suspects in custody must be informed of their rights to remain silent and to be represented during questioning

“Public Safety” Exception

Exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, if public safety would be jeopardized by their taking the time to supply the warnings

Exclusionary Rule

The principle that illegally obtained evidence must be excluded from trial

Wolf v. Colorado (1949)

Supreme Court decision in which the Fourth Amendment was applied against searches by state and local police officers, but the exclusionary rule was not imposed as the remedy for violations of the Fourth Amendment by these officials

Mapp v. Ohio (1961)

Supreme Court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials

Weeks v. United States (1914)

Supreme Court decision applying the exclusionary rule as the remedy for improper searches by federal law enforcement officials

“Good faith” Exception

exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission

United States v. Leon (1984)

Supreme Court decision announcing the “good faith” exception to the exclusionary rule

“Inevitable Discovery” Rule

Supreme Court ruling that improperly obtained evidence can be used if it would inevitably have been discovered by the police

Nix v. Williams (1984)

Legal decision in which the Supreme Court created the “inevitable discovery” exception to the exclusionary rule