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a specific form of power that is seen as legitimate by those subject to it |
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the greater the intrusion into the liberty of an indiviual citizen, the greater the degree of proof required to justify that intrusion |
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preponderance of the evidence |
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the standard for determining legal liability in civil trials, requiring a certainity of mor ethan 50% of the defendant's guilt |
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reasonable doubt standard |
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the standard of proof necessary for a conviction in criminal trials; the highest possible standard |
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technique used by police to "pat down" a person suspected of being armed or in posession of insturments of crime |
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reliable evidence that a person has been or is about to commit a crime |
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when a person is physically detained by an agent of the state and is not free to leave |
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factes that are reliable and generate a reasonable belief that a person has committed, is committing or is about to commit a crime |
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an arrest made without first seeking a warrant, based on probable cause and permissable under specified circumstances |
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a written order, based on probable cause issued by a judge or magistrate, commanding that the person nammed on thw warrant be arrested by the police. |
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judicial affirmation of probable cause |
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judicial reviwe and agreement with the facts establishing probable cause for an arrest or search |
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any governmental intrusion upon a person's reasonable expectation of privacy |
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an order issued by a judge and signed by a police officer, indicating where the search will take place and what is expected to be found in the search |
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a search based on reasonable suspicion, made without first seeking a warrant and permissable under specified circumstances |
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searches incident to a lawful arrest |
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searches of persons immediately after an arrest, sepcifically for the purpose of seizing weapons or evidence |
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warrantless search conducted when the party to the search provides voluntary abd inteligent consent to law enforcement |
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all persons entering the US citizens and non citizens may have their luggage and persons searched by law enforcement without probable cause |
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the rule that any evidence police can see or hear in plain view, when they are where they have the legal right to be, is admissibke in court even without probable cause or a warrant |
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explicit questioning or actions by law enforcement that may elicit an incriminating statement from a suspect. |
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warnings that explain the rights of an arrestee which police are required to recite at the time of arrest before interrogstion begins |
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the constitutional prohibition of the use of illegally obtained evidence in court |
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fruit of a poisonous tree doctrine |
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evidence obtained through other ilegally obtained evidence is inadmissable because is is tainted by the ilellaglity of the initial search arrest or confession |
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Definition
exception to the exclusionary rule in which evidence obtained by police acting in good faith with a search warrant is ultimately found to be invalid |
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the use of a group characteristic such as race, gender or ethnicity as part of the evidence constituting reasonable suspicion that a crime has occurred |
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