CJ 6620 - Current Trends in the Criminal Law (Chapt. 3) - (ESSENTIAL 4th AMENDMENT DOCTRINES)

Telephonic Warrant

Allowed by the Fed. Rules of Criminal Procedure and laws of some states, that allow magistrate to receive affidavit from an officer by telephone means.

Reasonable Suspicion

Allows LEOs to temporarily stop a person in order to ask questions to either dispel suspicion or gather P/C to arrest.

Two-pronged Test

Applied by magistrate on whether or not to issue warrant where info has been supplied by secret informant. Requires that affidavit indicate basis of informant's knowledge and basis for accepting informant's veracity.

Curtilage

Area around a house protected by 4th Amndmnt. Includes area under the eaves of the main housel within fenced-in area around house; and various small structures near main house, such as garbage, shed or smokehouse.

Expectation of Privacy

Basis for determining the existence of 4th Amendmnt rights under Katz v. U.S. (1967).

Knock and Announce" Rule

Common law rule that before an officer opens or breaks into door of a premises to execute a search warrant, officer must announce presence of police and demand entry. Declared under Wilson v. Arkansas (1995).

Plain Feel Rule

Concept that evidence seized in plain view includes evidence lawfully felt by police and this is immediately apparent as contraband.

Plain View

Contraband located in public place or private place where an officer has a right to be present may be seized w/o warrant.

Plurality Opinion

Decision of Supreme Court that occurs when there are concurring opinions but fewere than five justives agree on reason for a rule. DO NOT have same authority as majority opinions, and are more easily subject to being overruled.

Beeper

Electronic device that emits signal indicating its location.

No-knock Warrant

Explicitly authorizes police officers to enter premises w/o knocking and announcing their presence, based on P/C to believe that occupants are likely to immediately destroy contraband or pose threat of deadly violence to officers executing.

Exigency

Generally, an emergency requiring immediate action; something that is pressing or urgent. In 4th Amndmnt law, an exigency is an emergency that gives rise to an exception to the warrant requirement.

Magistrate

Inferior judicial officer; any judge; or any public civil officer w/ executive or judicial authority.

Undercover Agent

LEO who lies about his/her identity in order to pose as victim or criminal for purposes of an LEO investigation.

Controlled Delivery

Law enforcement technique by which contraband is intercepted and then delivered to suspected criminal party under police surveillance.

Enhancement Device

Mechanism used to enhance natural senses of a LEO to detect contraband.

Constituionally Protected Area

Obsolete test to determine if the 4th Amndmnt applies to protect a person whose privacy has been invaded by gov. officers; replaced by the "expectation of privacy" doctrine announced in "Katz v. U.S. (1986).

Ex Parte

On one side only. A judicial hearing that occurs at the request of one party in the absence of the other party.

Media ride-along

Practice to invite civilian to accompany officers during the execution of warrants.

Industrial Curtilage

Privacy protection of the curtilage rule under search and seizure law applies not only to private homes but also to commerical property.

Open Fields

Private land not protected against police trespass under 4th Amndmnt.

Neutral and Detached Magistrate

Rationale for 4th Amndmnt search warrants that a judicial officers is less partisan than a police officer in deciding whether probable cause exists on the basis of institutional role and traditions of the judicial officer.

Consent Search

Search made by police officer after a person has given consent to search.

Anticipatory Warrant

Search warrant authorized by the Federal Rules of Criminal Procedure that may be issued on probable cause that evidence will be located in a particular place on the date of execution.

Probable Cause

Standard to determine whether sufficient evidence exists that allow a prudent person to conclude that other facts exist; also standard for the validity of an arrest, lawful search and holding of a person for trial.

Secret Informant

Supplies evidence of P/C to obtain a search warrant but whose identity is not divulged to the magistrate in order to maintain security of an investigation.

Inventory and Return

Sworn document prepared by LEOs who have been issued and have executed a search warrant, indicating the execution of warrant and itemizing the items seized.

"Sneak and Peek" Warrant

Under USA Patriot Act, Judge issuing search warrant may allow delay in notifyign owner of prmises that warrant was executed if court finds that immediate notification may endanger person's life or safety, or cause suspect to flee from prosecution, tamper w/ evidence or intimidate witnesses.

Thermal Warrant

Used by LEOs to detect whether an unusually high amount of heat is emanating from a premises, suggesting commerical cultivation of marijuana indoors.