Police Procedure: Burden of Proof, Arrest, Miranda, Searches

probable cause

When the police have specific facts to believe that a particular person has committed a specific crime. The burden of proof needed for arrest and search warrants

Reasonable Suspicion

When the police have enough evidence to suspect that someone has committed or is about to commit some sort of crime. Burden of proof needed to "stop and frisk" (terry stop)

Miranda warnings

Warnings that police must read to suspects prior to questioning that advises them of their rights.

When are Miranda warnings required?

when two elements are present—custody AND interrogation; "custodial interrogation"

Custodial Interrogation

The questioning of a suspect after that person has been taken into custody (not free to leave). This is when Miranda warnings are required.

What amendment guarantees your right to remain silent?

5th Amendment

Requirements for a search warrant

1) Signed by a judge

2) Based on probable cause

3) Describes what is to be searched and seized

Warrantless Searches

Searches made by police that do not require a search warrant. Plain View, Consent, Vehicles, Officer safety, Hot pursuit, trash, open fields

What amendment protects citizens from unreasonable searches and seizures?

4th amendment

Exclusionary Rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

suppression hearing

Occurs when the defense files a motion to suppress (exclude) certain testimony or evidence from the trial, alleging that the officer's actions were improper and violated their client's rights