Midterm Review CJ 433
Popular in Evidence Search & Seizure
Popular in Criminal Justice
This 3 page Study Guide was uploaded by Chelsey Smith on Thursday September 29, 2016. The Study Guide belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 38 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/29/16
Evidence, Search, and Seizure Midterm Study Guide This material includes questions that have a high probability of being tested th 4 Amendment- Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate. th 5 Amendment- Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy. 6 Amendment- Protects the right to a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel. th 8 Amendment- Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment. 14 Amendment- Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues. Levels of Justification for a Seizure Probably cause- variable sources Reasonable suspicion based on totality of circumstances Administrative- the initial mission cannot be to discover evidence Elements of a Search Neutral and detached magistrate Set forth probable cause Must conform to particularity requirement Exceptions to Warrant Requirements- occurs when it’s impractical to secure a search warrant Hot pursuit Likelihood of escape and danger to others Evanescent evidence- disappears quickly Plain View Doctrine- exception to the warrant requirements allows officers to seize items which they observe and immediately recognize as evidence or contraband Must have lawful access to objects Search Incidents to Arrest Arm span rule developed so that a search must be limited to the immediate control of arrestee and is used to discover a concealed weapon or disposable evidence Probable cause must precede the search Actual v Constructive Possession Actual- ownership, control Constructive- exercise dominion or control of (ex: all individuals in car are charged for drug contraband) When does a search occur? Whether presumed search is governmental- not a private enterprise If the person does not have a reasonable expectation of privacy Search warrants can have time restraints placed on them per the judge signing Stop v Arrest Stop- only requires reasonable suspicion Arrest- requires probable cause- actually detained and not free to leave Factors that distinguish stop v arrest 1. Duration of stop- not free to leave 2. Degree of intrusion- patting down v pulling out pockets Testimonial Evidence- words of a witness on the stand- government cannot require testimonial evidence Real Evidence- physical evidence, demonstrative evidence involves summaries or displays and diagrams not collected at the scene Direct Evidence- connects individual to crime- no inference or reasoning required to arrive at the conclusion drawn from evidence Circumstantial Evidence- loosely connects individual to a crime- requires an inference to be made between the evidence and the conclusion drawn from it- indirectly proves a fact What could invalidate a confession? If the statement was taken in violation of the amendments, under duress, threat, or trickery M’Naughten Test- tests the inability to distinguish right from wrong and is commonly used to declare someone insane Exclusionary Rule th Remedy for 4 amendment violations and is a good deterrent to law enforcement to uphold the constitution Exceptions to Exclusionary Rule Good faith exception Inevitable discovery Affirmative Defenses Alibies, self-defense, defense of others, consent, execution of public duties, duress, intoxication, mistake of law/fact, infancy, insanity, necessity
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