Criminal Evidence and Search and Seizure Concepts

These flashcards cover key terms and concepts related to criminal evidence, particularly focusing on search and seizure, legal justifications, and types of warrants.

Search

An examination of an individual's person, property, or other area in which they have a reasonable expectation of privacy by law enforcement.

Seizure

A government action that meaningfully interferes with an individual's possessory interests in that property.

Actual possession

Individuals have actual possession of property if they are physically holding or grasping it.

Constructive possession

Individuals have constructive possession of property if they possess it, but are not physically touching it.

Probable cause

The standard of justification necessary to affect the arrest of an individual or induces belief in a reasonable officer that the accused probably committed a crime.

Reasonable suspicion

A standard that is less than probable cause but sufficient to authorize an investigative detention.

Administrative justification

Searches justified by administrative rationales that weigh the interests of public safety against individual privacy rights.

Expectation of privacy

Protection against government-sponsored searches, seizures, and unlawful entry into areas deemed private without probable cause.

Warrant

A legal directive issued by magistrates authorizing law enforcement officers to conduct arrests, seizures, or searches.

Four corners rule

Legal requirement preventing judges from seeking probable cause beyond the information contained within the supporting affidavit.

Staleness

The timeliness of the probable cause or the period between the precipitating factor and the execution of the warrant.

Particularity

Requirement that mandates specificity of place, time, and actual items to be searched or seized.

Vicinage

Individuals retain the right to be charged and tried in the geographic location of original jurisdiction.

Anticipatory search warrants

Legal documentation that gives search authority before evidence has arrived.

Sneak-and-peek warrants

Legal authorization for law enforcement to gain surreptitious entry into premises suspected of containing evidence.

No-knock warrants

Authorization allowing law enforcement to enter premises without notifying occupants, used in cases where there is a risk of harm.

Nighttime search warrants

Legal authorization allowing law enforcement to enter premises at night.

Warrantless searches

Searches that can occur under certain conditions like field interrogations, consent, or exigent circumstances.