Chapter 6: Searches for Evidence pt. 1

Vocabulary flashcards based on Chapter 6 regarding searches for evidence and their legal implications.

Search Warrant

A legal document authorizing police to search a specified place and seize evidence.

Warrantless Search

A search conducted without a search warrant; typically justified by consent, exigency, or incident to arrest.

Probable Cause

A reasonable belief that a person has committed a crime or that evidence of a crime exists in a certain location.

4th Amendment

Part of the U.S. Constitution that protects against unreasonable searches and seizures.

Particularity

The requirement that warrants must specify the exact place to be searched and the items to be seized.

Knock-and-Announce Rule

The legal requirement for police to announce their presence and purpose before entering a home to execute a warrant.

Exigent Circumstances

Situations that justify warrantless searches because waiting for a warrant would threaten public safety or lead to the destruction of evidence.

Balance of Interests

The consideration of the need for a search against the privacy rights being invaded.

Chimel v. California

A Supreme Court case establishing limits on warrantless searches incident to arrest.

Search Incident to Arrest

Searching a person without probable cause or a warrant after lawful arrest, primarily for officer safety.

Grabbable Area

The area within a person's immediate control during an arrest where evidence may be found.

Arizona v. Gant

A Supreme Court decision narrowing the scope of searches incident to arrest related to vehicle searches.

Pretext Arrests

Arrests made under the guise of a minor offense to search for evidence of a more serious crime.

Whren v. U.S.

A Supreme Court case affirming that police can conduct a search if they have probable cause, regardless of their subjective intent.

Consent Search

A search conducted by law enforcement with the voluntary agreement of the person involved.

Motor Vehicle Searches

Searches conducted in vehicles, typically with different rules than searches of homes.

Failing to Respond

Requirement for officers to wait a reasonable amount of time before entering after a knock-and-announce procedure.

Knock & Announce Exceptions

Circumstances under which police may enter without waiting for a response, such as preventing violence or destruction of evidence.

Totality of the Circumstances

A legal standard used to determine the reasonableness of a search by considering all relevant factors.

Affidavit

A written statement confirmed by oath or affirmation for use as evidence.

Search Warrant Application

The formal request submitted to a court to obtain a search warrant, outlining the probable cause.

Evidence Seizure

The act of taking possession of items believed to be connected to a crime during a search.

Reasonable Time

A period deemed appropriate for police to wait after announcing their presence before entering.

Vehicle Impoundment

The act of taking a vehicle into custody, usually associated with searches incident to arrest.

Licensing Violations

Minor offenses that can lead to pretext arrests and searches.

Judicial Review

The process by which a court examines the legality of a search warrant and the associated probable cause.

Precedent (Case Law)

Law established by the outcome of former court cases which informs the current understanding of legal principles.

Law Enforcement Officers

Officials empowered to enforce laws, make arrests, and conduct searches under warrant requirements.

Legal Standards

Criteria established by law for evaluating the legality of searches and seizures.

Affidavit Requirements

Conditions that must be met in a written statement under oath to support a search warrant application.

Search Review Process

The legal procedure for assessing whether a search warrant was validly executed.

Electronic Surveillance

Monitoring communications or conversations through electronic means, often requiring a specific warrant.

Public Safety

The welfare and protection of the general public, often cited in justifying searches without warrants.

Self-Incrimination

The act of exposing oneself to prosecution by providing evidence or information.

Written Inventory

A detailed list of items seized during the execution of a search warrant.