Law Enforcement Terms Quiz

Study Flashcards Play Quiz

Questions and Answers

What is the process by which an authority figure empowers another with their own authority?

Deputization

What type of evidence is based on the testimony of a witness who saw, heard, or touched the subject at issue?

Direct evidence

What is the purpose of the discovery process in a legal case?

To obtain evidence for the defense and object to its use

What is the term for fundamental fairness as defined by the Bill of Rights and the law?

Due process Signup and view all the answers

What is the term for a threat of bodily or other harm?

Duress Signup and view all the answers

What is the term for evidence presented in a written form?

Documentary evidence Signup and view all the answers

What is the term for a situation where a person is taken into custody without proper authority?

False arrest Signup and view all the answers

What is the purpose of the Exclusionary Rule?

To prevent illegal evidence from being used in trial Signup and view all the answers

What is the term for a search that is considered reasonable and based upon the showing of probable cause?

Fourth Amendment search Signup and view all the answers

What is the purpose of the First Amendment?

To protect the right to free speech Signup and view all the answers

What is the term for an individual with recognized specialized knowledge authorized by the court to offer opinions as evidence?

Expert witness Signup and view all the answers

What is the term for the first time that a suspect makes an appearance before a judge?

First judicial appearance Signup and view all the answers

What is the term for a pat down of the outer garments for weapons?

Frisk Signup and view all the answers

What is the term for continuous pursuit of a suspect in a crime with no unnecessary delay or period of non-pursuit before capture?

Fresh pursuit Signup and view all the answers

What is the term for a serious crime, as opposed to a lesser crime (misdemeanor)?

Felony Signup and view all the answers

What is the term for the amendment to the U.S. Constitution that guarantees equal protection of the law to all U.S. citizens?

Fourteenth Amendment Signup and view all the answers

What is the purpose of the Fruit of the Poisonous Tree Doctrine?

To exclude evidence derived from illegally obtained evidence from a trial Signup and view all the answers

What is the functional equivalent of an interrogation?

A statement made with the clear knowledge that it is likely to elicit incriminating statements Signup and view all the answers

Under what circumstances can improperly obtained evidence be used in court?

If the officers reasonably believed they were acting on proper legal authority Signup and view all the answers

What is the purpose of a grand jury?

To determine if probable cause of an offense exists Signup and view all the answers

What is a guilty verdict?

A declaration of culpability in the commission of a crime Signup and view all the answers

What is the purpose of a writ of Habeas Corpus?

To bring a person held by non-judicial authority before a judge Signup and view all the answers

What is the Hearsay Rule?

A rule that states hearsay is generally inadmissible Signup and view all the answers

What is the purpose of impeachment of a witness?

To bring into question the credibility of a witness Signup and view all the answers

What is the independent source rule?

An exception to the Exclusionary Rule that states evidence identified through an illegal search or interrogation can still be used if it is actually located by a source totally unrelated to the illegal one Signup and view all the answers

What is indirect evidence?

Evidence that tends to establish an issue, but requires the building of a chain of evidence Signup and view all the answers

What is a mobile vehicle?

A automobile, truck, motorcycle, travel trailer, etc. that can be easily moved Signup and view all the answers

What is the purpose of a motion for discovery?

To request all pertinent information from the prosecution Signup and view all the answers

What is a motion to suppress?

A formal request to eliminate certain evidence from the trial Signup and view all the answers

What is the Motor Vehicle Exception?

An exception to the Fourth Amendment that allows searches of motor vehicles without a warrant Signup and view all the answers

What is negligence?

The failure to do some act which a reasonable person would do in the same circumstances Signup and view all the answers

What is a nolo contendere?

A plea of no contest Signup and view all the answers

What is an one-on-one confrontation?

A type of eyewitness identification method where the suspect is presented alone to the witness Signup and view all the answers

What is an open field?

Any area of public or private land where the owner has no legitimate expectation of privacy Signup and view all the answers

What is pedigree?

Basic information regarding a person's identity Signup and view all the answers

What is a petit jury?

A trial jury consisting of six to twelve citizens Signup and view all the answers

What is the primary role of a prosecuting attorney?

To bring charges against the suspected criminal and present the case against that person Signup and view all the answers

What is the term for a limited search for accomplices who may be hiding for an ambush?

Protective sweep Signup and view all the answers

What is the term for an area which is protected by the Fourth Amendment against unjustified intrusions by law enforcement?

Protected area Signup and view all the answers

What is the term for money awarded to the injured party in a civil suit to punish the person who committed the tort?

Punitive damages Signup and view all the answers

What is the term for following or chasing in order to stop and take into custody?

Pursuit Signup and view all the answers

What is the term for immunity from civil suit granted to police officers whose actions were reasonable and not in violation of clearly defined principles of Constitutional Law?

Qualified immunity Signup and view all the answers

What is the primary condition for an officer to seize evidence or contraband under the plain feel doctrine?

The officer has reasonable suspicion to frisk the subject. Signup and view all the answers

What is the term for a judge's initial review of a case to determine if there is probable cause to proceed to trial?

Preliminary hearing Signup and view all the answers

What is the standard of evidence required to convict a defendant of a crime?

Proof beyond a reasonable doubt Signup and view all the answers

What is the term for a private loss or injury that leads to a civil suit?

Plaintiff Signup and view all the answers

What is the term for an opinion reached before hearing all the evidence?

Prejudice Signup and view all the answers

Under the plain view doctrine, what is the requirement for seizing evidence or contraband?

The officer has legal access to the item. Signup and view all the answers

What is the purpose of a plea bargain?

To allow a defendant to plead guilty to a lesser charge. Signup and view all the answers

What is the term for a special advantage or permission granted to an individual or group?

Privilege Signup and view all the answers

What is the term for the amount of information needed to decide in favor of a party in a civil suit?

Preponderance of evidence Signup and view all the answers

What is the term for a piece of land and the house and other buildings on it?

Premises Signup and view all the answers

What is the main purpose of an interrogation?

To establish the guilt of the person being questioned Signup and view all the answers

What is the purpose of a knock and announce procedure?

To announce the authority and purpose of the search Signup and view all the answers

What is the difference between a lay person and an expert witness?

A lay person can only testify to things observed and sensed Signup and view all the answers

What is the purpose of a lineup?

To determine if the suspect was involved in the criminal activity Signup and view all the answers

What is the main difference between a misdemeanor and a felony?

A misdemeanor is punishable by a fine and/or less than a year in jail Signup and view all the answers

What is the purpose of an inventory?

To make a systematic listing of items found in a location Signup and view all the answers

What is the purpose of a justification?

To legally allow or require a certain action Signup and view all the answers

What is the inevitable discovery rule?

An exception to the Exclusionary Rule Signup and view all the answers

What is the purpose of a Miranda warning?

To inform the suspect of their rights Signup and view all the answers

What is the main difference between reasonable suspicion and probable cause?

Reasonable suspicion is a lower standard than probable cause Signup and view all the answers

Study Notes

Deputization

Deputization: the process of empowering someone with one's own authority (e.g., a police officer asking a citizen to assist in an official capacity)

Direct Evidence and Examination

Direct evidence: evidence that, if believed, proves a fact by itself (e.g., eyewitness testimony)
Direct examination: the first questioning of a witness by the attorney who called them, consisting of direct (not leading) questions

Discovery Process

Discovery process: a three-step process where the defense attorney obtains evidence from the prosecution to prepare a defense and object to inadmissible items
Steps: motion for discovery, motion to suppress, and suppression hearing

Due Process and Excessive Force

Due process: fundamental fairness as defined by the Bill of Rights and the law
Excessive force: force beyond what is reasonably necessary to accomplish a legal end

Expert Witnesses and Eyewitness Identification

Expert witness: an individual with specialized knowledge authorized to offer opinions as evidence
Eyewitness identification: one of four generally accepted methods for providing positive identification of a suspect (e.g., lineup, photo spread, one-on-one confrontation)

False Arrest and Imprisonment

False arrest: taking someone into custody without proper authority (intentional or unintentional)
False imprisonment: holding someone in a place of confinement without proper authority

Fifth and Fourteenth Amendments

Fifth Amendment: guarantees that a suspected criminal will not be compelled to give evidence against themselves
Fourteenth Amendment: guarantees equal protection of the law to all U.S. citizens, regardless of the state in which they live

Fresh Pursuit and Frisk

Fresh pursuit (hot pursuit): continuous pursuit of a suspect with no unnecessary delay or period of non-pursuit before capture
Frisk: a pat-down of outer garments for weapons, justified by reasonable suspicion of criminal activity and concern for officer safety

Good Faith Exception and Grand Jury

Good faith exception: an exception to the Exclusionary Rule, allowing improperly obtained evidence if officers acted in good faith and reasonably believed they had authority
Grand jury: a body of citizens that determines if probable cause exists and issues an indictment if it does### Privileged Communications
Certain communications between parties in a relationship (husband-wife, attorney-client, priest-penitent, doctor-patient) are protected by law and inadmissible in court unless the interested party waives the privilege.

Probable Cause

Probable cause refers to facts and circumstances that would lead a reasonable person to believe a crime has been committed and the suspect was criminally involved.
Probable cause for arrest requires two minimum facts: 1) a crime was committed, and 2) the suspect was criminally involved.
Probable cause for search requires four minimum facts: 1) a crime was committed, 2) particular pieces of evidence are involved, 3) the evidence is located at a specific location, and 4) the evidence is present at the time of the search.

Legal Concepts

Proof beyond a reasonable doubt is the amount of evidence needed to convict a person of a crime, eliminating all reasonable objections to the prosecution's case.
A prosecuting attorney is responsible for bringing charges against a suspected criminal and presenting the case against them on behalf of the government.

Search and Seizure

A protected area is an area shielded by the Fourth Amendment against unjustified intrusions by law enforcement.
A protective sweep is a limited search for accomplices who may be hiding for an ambush, allowed if officers have a legal right to be in the area and limit their search to hiding areas.
A public area is an unrestricted area to which the public has access, not considered part of a curtilage, with no expectation of privacy except in areas like public restrooms and phone booths.

Civil Law

Punitive damages are awarded to punish the person who committed a tort, beyond compensatory damages, in cases where the accused's actions were egregious and an example needs to be made.

Law Enforcement

Pursuit refers to following or chasing to stop and take into custody.
A quasi-public area is an area normally considered part of a curtilage but freely accessible to the public, such as walks from the street to the front door, front porches, and pathways across curtilage with no restricted access.
Qualified immunity is granted to police officers whose actions were reasonable and did not violate clearly defined Constitutional Law principles, protecting them from civil suits.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.