Monday, October 12, 2009

Ch. 6 Vocabulary

Particularity: means that the warrant must make clear on its face who or what is to be searched or seized, so as to limit the discretion of the police officer.
Seizure: involves the exercise of dominion or control by the police over a person or item.
Detention: when a reasonable person, viewing the particular police conduct as a whole and within the setting of all the surrounding circumstances, would have concluded that the police in some way had restrained his/her liberty so that the person was not free to leave.
Effects: include papers, cars, and other like items. Items sought may include contraband, fruits of the crime, instruments of the crime such as weapons, burglar's tools, or the getaway car, or evidence of the crime.
Curtilage: the land and buildings immediately surrounding, and intimately associated with a dwelling.
Open Fields: refers to everything that is not defined as being within the curtilage.
De Minimis: "the least," or negligible, intrusion on individual liberty.
Miranda Warnings: warning given by police to arrested suspects, informing them of both the privilege against self-incrimination and the right to counsel. Evidence obtained by the police during a custodial interrogation of a suspect could not be used at trial unless the suspect first was informed of these rights.
Ex Parte Evidence: hearsay statements made outside of the courtroom.

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