Chapter 8 Vocabulary & Outline

Chapter Eight "Criminal Procedure & The Police" Vocabulary
1. frisk - a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made.
2. search- an explanatory inspection of a person or property based on probable cause of law violation.
3. seizure - confiscation of property oocuring when there is some meaningful interference with the individuals possession of property.
4. reasonable suspicion - a situation in which a police officer has good reason to believe that criminal activity may be occuring; this permits a brief investigative inquiry of the suspect.
5. exclusionary rule - a legal principle that holds that illegally seized evidence must be excluded from use in trials.
6. good faith exception - a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
7. Fifth Amendment - the amendment to the Constitution that includes protection against self-incrimination
8. Miranda warning - a five-point warning derived from the case of Miranda v. Arizona. It's purpose is to provide fair notice to crime suspects of thier basic constitutional rights.
9. public safety exception - police may omit the Miranda warning prior to quiestioning a suspect when public safety is jeoparized.

Outline
What if the Role of Police in Criminal Procedure?
`A frisk is a pattting down of an individuals outer clothing on the basis of a reasonable suspicion, whereas a search is an explanatory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
`The exclusionary rule holds that illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police conduct a sezrch on the basis of a warrant that is later found to be defective.
`Searches may be conducted without a awarrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involove evidence in plain view, automobile and thiedr contents, or open fields and abandoned property.

The Fifth Amendment
`The Fifth Amendment provides for grand juries, protection against double jeopardy, and protection from self-incrimination. It has had its greatest impact on interrogations and confessions obtained by the police.
`To ensure protection against self-incrimination, suspects taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to have an attorney present during questioning.
`The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.


Impacts of Procedural Law on Law Enforcement
`Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement, reflecting continuing conflict in the balance to be struck among the interests of the government, the public interest, and the rights of private citizens.
`The importance of confessions to police work is limited because most suspects are taken into cutody based on other evidence.