Term
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Definition
| The area on the person or in a place that may be searched under the rationale of Terry v Ohio and as progeny. A frisk following a lawful stop allows an officer to pat down the outer garments of a subject with whom the officer is dealing in an effort to ascertain whether the subject is armed and may extend to any area of outer clothing under which weapons may reasonably be hidden |
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Term
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Definition
| In a situation where the facts suggest that the officer has an obligation to make some investigation of conduct that could be criminal he conducts this. |
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Term
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Definition
| A rejected theory, related to the stop and frisk doctrine, that would allow police officers to stop anyone who seemed out of place, or who seemed remotely suspicious, and that would allow a police officer to force a subject to give a positive identification. No person who is merely abroad in the night or day can be required to carry identification. |
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Term
| Terry standard for a stop and frisk |
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Definition
| Wherever and whenever an officer observes unusual conduct that, in light of the officer’s experiences, leads him or her to reasonable conclude, based upon articulated facts, that criminal activity might be afoot, the officer is permitted to lawfully stop the person and make an inquiry. |
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Term
| Time limitations on detention |
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Definition
| A person cannot be held in custody in the absence of a judicial or grand jury determination of probable cause for longer than forty-eight hours, but the remedy for a person who has been held longer without judicial intervention is not automatic release. |
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Term
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Definition
| Where an individual takes immediate steps to place distance between the individual and a police officer upon observing the officer’s presence and some additional factor is present. Nervous, evasive behavior in a high-crime area, couple with flight upon sight of officer, may be sufficient to meet the reasonable-basis-to-suspect standard for a stop and frisk under Terry v. Ohio. |
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Term
| Weapons frisk of automobile |
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Definition
| A cursory and limited search of the interior of a motor vehicle, permitted when a person is stopped under a stop and frisk standard, that permits the officer to ascertain whether weapons are close proximity that could be used to frustrate the purpose of the brief stop. The officer must possess a reasonable belief based on specific and articulable facts that warrant an officer in believing that the subject may be dangerous and that the subject could gain immediate control of weapons. |
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Term
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Definition
| Judicial principle that permits a warrantless search of a moving or readily movable motor vehicle for which probable cause exists; an exception to the 4th amendment warrant requirement that permits searches of readily movable |
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Term
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Definition
| A search conducted by a governmental agent following the granting of permission by the individual holding dominion and control over the object or premises, a search justified where the occupant of the premises freely and voluntarily relinquished his or her Fourth Amendment rights and permitted a search. Voluntariness of consent is measured by the totality of the circumstances. |
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Term
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Definition
| A process tat uses a themal imaging device which detects heat escaping from homes or other structures to produce a picture that assists law enforcement agents in determining whether a building is being used to grow marijuana. The use of this technology to uncover details of the interiors of private homes implicates the 4th amendment and generally constitutes an illegal search when conducted without a warrant. |
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Term
| Inventory search: motor vehicle |
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Definition
| A lawful search not requiring probable cause that police may conduct following a receipt of a vehicle as evidence or for safekeeping. The purpose is to protect police from false claims of loss of personal items and to protect the owner from theft of personal property while the property remains in police custody if a police agency has and follows a written policy regulating these searches, criminal evidence produced by the search will be admissible in court. |
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Term
| Inventory search: possessions |
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Definition
| Police may without a warrant and without probable cause conduct a search of personal property that comes into police custody or possession following an arrest. The purpose is to protect poice from false claims of loss or personal items and to protect the owner from theft of personal property, also this evidence is admissible in court. |
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Term
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Definition
| the reach of an arrestee incident an arrest where he or she can grab a weapon or destroy evidence. |
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Term
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Definition
| A corollary of the plain view doctrine that permits instantaneous seizure of the object whose criminal nature becomes immediately apparent to a law enforcement officer who senses the seizable material during a lawful par-down or frisk of a person. |
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Term
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Definition
| The type and extent of a search of a home that can be considered reasonable based on the size and type of property that it is the object of a home search. Searching officers may search for an object in any home location where the object of the search could reasonably be hidden. |
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Term
| Scope of search: automobile |
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Definition
| The type and extent of a search that may be conducted of a motor vehicle when due consideration has bee given to the object of the search. Officers may search anywhere inside a motor vehicle. Including any containers, that could reasonably be the location of seizable property. |
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Term
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Definition
| a Search incident to an arrest to make sure he or she is not carrying a weapon or contraband. |
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Term
| Search incident to an arrest |
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Definition
| A specialized type of search that requires only a lawful arrest of a person as its justification: a search that permits inquiry into areas under immediate “dominion and control” of athe arrestee, such as a purse of backpack and personal effects, but does not generally include a search of an entire house or automobile. |
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Term
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Definition
| The picture produced when police subject a building to a scan with an infrafed detector to measure the differences in the ehat signature offered by particular parts of the building. Yhe imaging machin converts infrafred radiation into an image based on the relative warmth or coolness of the surface of the building. |
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Term
| Vehicle forfeiture search |
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Definition
| A warrantless search having no limitations on its scope that does not require probable cause and that is conducted by law enforcement agents following the acquiring of custody of a vehicle that is subject to forfeiture under the laws of the jurisdiction. No person possesses an expectation of privacy under the 4th amendment in the motor vehicle that is owned by a government or that is subject to forfeiture. |
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Term
| Warrant exception for vehicles |
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Definition
| Where probable cause to search a motor vehicle exists the general rule allows an immediate warrantless search of the vehicle whose scope is regulated by the nature of the objects of the search |
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Term
| Warrant requirement for home |
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Definition
| Police may neither warrantlessly search a place of residence not warrantlessly arrest a resident inside a home. The home possesses the highest expectation of privacy under the 4th amendment and generally requires a warrant or some exception for law enforcement officials to breach its privacy. |
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Term
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Definition
| The written and sworn statement offered by a law enforcement official to a judicial official that describes the facts and circumstances that the official believes constitutes probable cause sufficient for the judicial official to issue a search warrant. |
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Term
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Definition
| Where the facts and circumstances known to a person of reasonable caution would permit him or her to conclude that seizable property would be found in a particular place or that a particular person has committed a particular crime. |
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Term
| Specificity requirement for a warrant |
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Definition
| In addition to a description of why probable cause exists, the affidavit must particularly describe the place, person, or property to be searched or the object to be seized. |
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Term
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Definition
| Under this, people are prohibited from intentionally intercepting, using, or disclosing any wire or other communications unless the intercept is done according to the requirements of the federal law. ….it contains its own version of the exclusionary rule, as there wire or oral communications have been intercepted in violation of the law, the evidence cannot be admitted in any trial, hearing, or other proceeding, including any court, grand jury, or other legislative or regulatory body in the United States, a sate, or a political subdivision of a state. |
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Term
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Definition
| The test to determine whether an informant has sufficient standing to permit the facts offered by the informant to equal probable cause for a search or arrest; under Aguilar v. Texas (1964), the informant’s story must contain sufficient facts that would equal probable cause, and there had to be sufficient reason to believe that the informant was telling the truth. The requirements of the two-pronged were overruled by the Supreme Court in Illinois v. Gates in 1983. |
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Term
| Totality of Circumstances Test |
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Definition
| A test used to determine whether an informant has met the requirements necessary for a judge or police officer to be able to find probable cause for an arrest or search. (Stemmed from Illinois v. Gates in 1983). Also, a test used to determine whether a person has given a valid consent to search the person or an area controlled by the person that involves an analysis of the person’s age and education, coerciveness of the circumstances, knowledge of the right to refuse consent, and other factors. (see schneckloth v. bustamonte). |
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Term
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Definition
| One who swears to an affidavit. …the officer present at hearing that is presenting the sworn affidavit and lobbying for the warrant from the judge/magistrate |
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Term
| Rule 41 of the Federal Rules of Criminal Procedure |
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Definition
| “A magistrate judge may issue a warrant based on information communicated by telephone or other appropriate means, including facsimile transmission”. The judge must place the applicant under oath, make an accurate record of the conversation with a proper recording device, and file the transcript with the court clerk. |
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Term
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Definition
| Fourth Amendment requirement that law enforcement officials notify occupants f real property that police are outside and have the legal authority of a warrant to enter. The necessity of notice is not absolute, and notice need not be given when the announcement would clearly expose police officers to unreasonable levels of risk or where officers reasonably believe that evidence might be destroyed. (Atwater v. city of lago vista, and Wilson v. Arkansas). |
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Term
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Definition
| The rationale sufficient to search for an object may exist only for a short time, since some illegal activity depends upon movement of the object. When the probable cause becomes stale, the search for the object becomes unreasonable under the Fourth Amendment. Example: Drug dealers must move their product and sell it as part of the normal course of business, so that probable cause for a search at a particular time for a particular place my not exist several days later. Probable cause for arrest does not typically become stale, since the information pointing to a particular perpetrator does not often change with the passage of time. |
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Term
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Definition
| A set of characteristics developed from past encounters with drug dealers and traffickers that may be used to identify persons who are not known to be involved in the drug trade, but who may be drug carriers based on their possession of the stereotypical characteristics. The profile may include demeanor, age, travel origin or destination, time of arrival at transportation facility, lack of luggage or use of expensive luggage, and other factors. When properly applied, law enforcement agents may use the profile to briefly stop and inquire about a person’s travel plans and ask other routine questions |
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Term
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Definition
| A limited search of the outer garments of a detainee to discern whether the individual possesses a weapon or weapons that could be used to harm the officer or surrounding persons. (terry v. ohio)…the frisk permits a police officer to determine whether a person poses a danger to the officer or to other citizens by discerning whether the individual is armed with some sort of weapon. |
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Term
| Limitations on scope of frisk |
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Definition
| In Minnesota v. Dickerson, the court expanded the scope of a terry stop and frisk by permitting the officer to reach inside the clothing of a detainee if the officer reasonably believed, by the feel of the object, it constituted a seizable material. (Plain feel doctrine). But, if nothing found, they must be let go. |
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Term
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Definition
| A corollary of the plain view doctrine that permits instantaneous seizure of the object whose criminal nature becomes immediately apparent to a law enforcement officer who senses the seizable material during a lawful pat-down or frisk of a person. (Minnesota v. Dickerson) |
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Term
| Reasonable Basis to Suspect |
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Definition
| The standard of proof necessary for a police officer to initiate a brief stop of a person where there exists some question as to whether the individual is involved in criminal activity. If the suspicion extends to a fear that the subject may be armed and dangerous, a pat-down of the subject’s outer garments is permissible. This standard will allow a brief motor vehicle stop where there is articulable reason to suspect that criminality may be present. (terry v. ohio, and Alabama v. white) |
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Term
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Definition
| Virtually the same as probable cause in some contexts; may be used in the context of a Terry V. Ohio-type search in which terminology may be phrases as “reasonable basis to suspect criminal activity,” which would permit a police officer to initiate a brief detention, discussion, and perhaps a pat-down of a suspect. (terry v. ohio) |
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