KEY TERMS Ch 7 Cengage: The Fourth Amendment

articulable facts

actions described in clear, distinct statements

attenuation doctrine

evidence obtained as a result of a previous illegality may be admissible at trial if it is so far removed, through time and space, from the original violation that any “taint” has dissipated

bright-line approach

determining the reasonableness of an action according to a specific rule that applies to all cases

case-by-case method

determining the reasonableness of an action by considering the totality of circumstances in each case

consent decree

a court-enforced agreement, with oversight provided by a federal judge and a court-appointed monitor who reports the organization’s compliance quarterly

continuum of contacts

the almost limitless variations of contacts between the public and the police illustrating how justification for police action increases as their reasons for thinking criminal activity is afoot build

conventional Fourth Amendment approach

viewing the Reasonableness Clause and the Warrant Clause as intertwined and firmly connected

exclusionary rule

judgemade case law promulgated by the Supreme Court to deter police or government misconduct

frisk

a reasonable, limited patdown search for weapons for the protection of a government agent and others

fruit of the poisonous tree doctrine

evidence obtained as a result of a previous illegality (a constitutionally invalid search or activity) must be excluded from trial

furtive conduct

questionable, suspicious, or secretive behavior

good faith

officers are unaware that they are acting in violation of a suspect’s constitutional rights

harmless error

an exception to the exclusionary rule involving the admissibility of involuntary confessions and referring to instances in which the preponderance of evidence suggests the defendant’s guilt and the “tainted” or illegal evidence is not critical to proving the case against the defendant

inevitable discovery doctrine

exception to exclusionary rule deeming evidence admissible even if seized in violation of the Fourth Amendment when it can be shown that the evidence would have inevitably been discovered through lawful means

litigious

a tendency toward suing; a belief that most controversies or injurious acts, no matter how minor, should be settled in court

magistrate

a judge

memorandum of agreement (MOA)

not judicially enforced but does have an appointed monitor who makes quarterly reports

nightcap(ped) warrant

issued when officers wish to execute a warrant at night because that is when the suspected illicit activity is primarily occurring

no-knock warrant

issued when officers want to make an unannounced entrance because they are afraid evidence might be destroyed or officer safety requires it

probable cause

exists when facts and circumstances are sufficient in themselves to warrant a person of reasonable caution to believe that an offense has been or is being committed; stronger than reasonable suspicion but less than the quantum of evidence required for conviction

reasonable

sensible, rational, and justifiable

reasonableness Fourth Amendment approach

the Reasonableness Clause and the Warrant Clause are interpreted as separate issues

reasonable suspicion

more than an experienced officer’s hunch or intuition, and more than mere whim, caprice, or idle curiosity; it is a rational inference taken from specific and articulable facts, and viewed objectively using the totality of the circumstances

search

an examination of a person, place, or vehicle for contraband or evidence of a crime

seizure

a taking by law enforcement or other government agent of contraband, evidence of a crime, or even a person into custody

stop

a brief detention of a person, short of an arrest, based on specific and articulable facts for the purpose of investigating suspicious activity

Terry stop

an officer with articulable reasonable suspicion may conduct a brief investigatory stop, including a pat down for weapons if the officer has reason to suspect the person is armed and dangerous

totality of circumstances

the principle on which a number of legal assessments are made; is not a mathematical formula for achieving a certain number of factors but rather a sum total of layers of information and the synthesis of what the police have heard, what they know, and what they observe as trained officers, including probable cause, used to assess whether the sum total would lead a reasonable person to believe what the officers concluded