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A warrant issued, bassed on probable cause that evidence (not currently at the place described) will likely be there when the warrant is executed. |
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Act of physically taking a person into custody for the purpose of charging them with a crime. |
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The first ten ammendment; considered especially important for the protection from abuses of police power. |
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Concept that provides for a suspicionless search, when the public safety is an issue. |
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Digital Criminal Forensics |
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The seizure, acquisition, analysis, reporting, and safe guarding of data/evidence from digital devices. |
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Electronic Communications Privacy Act (ECPA) |
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1986 law passed by congress, establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications. |
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information and data of investigative value that are stored in or transmitted by an electronic device. |
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A warrantless search, justified on the basis of some immediate and overridding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence. |
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The removal of evidence if it is seized unconstitutionally. |
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Fleeting Targets Exception |
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An exception to the exclusionary rule that permits a warrantless search on a motorized vehicle due to the fact that it could easily leave law enforcement juristiction. |
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Fruit of the Poisonous Tree Doctorine |
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Principal that excludes from introduction at trial, any evidence later developed as a result of an illegal search and seizure. |
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Exception to the exclusionary rule; Police officers who seize evidence on the basis of good faith (believing they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application of a search warrant) the evidence may still be used in court. |
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Illegally seized evidence |
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Evidence that is not constitutionally seized. |
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Tactic of police interviewers that fall short of physical abuse, but that nonetheless pressure suspects to divulge information |
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The direct questioning of suspects to gather information |
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produce substancial changes in both the understanding of the requirements of due process and and the practical day to day operations of the justice system. |
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evidence of revelence to a criminal investigation that is not readily seen by the unaided eye. |
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the dual principals of custody and interrogation, both of which are necessary before an advisement of rights is aquired |
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Before questioning begins, poloice must read the miranda rights to the due criminal suspects. |
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The plain visibility of objects that an officer would want to seize during a search...assuming the officer is allowed to be in the area that he sees the object. |
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A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a crime. |
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Psychological Manipulation |
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Manipulative actions by the police interviewers, designed to pressure suspects to divulge information, that are based on subtle forms of intimidation and control. |
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The level of suspicion that would justify a police officer in making further inquiry or in conducting further investigation. |
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Search Incident to an Arrest |
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A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer. |
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A search that occurs in the suspect's absence and without his or her prior knowledge. Also known as a delayed notification search. |
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A search performed without a warrant and without suspicion. Permissible only if based on an overridding concern for public safety. |
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Obtaining from a lower court, the records of its proceedings in a particular case. |
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