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Criminal Justice Process: The Investigation
Mrs. Gurzler
Arrest Vocab
• Arrest – takes place when a person suspected of a crime is taken into custody.
• Arrest warrant – a court order commanding that the person named in it be taken into custody.
• Probable cause to arrest means having a reasonable belief that a specific person has committed a crime. No exact formula.
• Drug courier profile – used to provide a basis to stop and question a person or to help establish probable cause for arrest. Some argue this is unfair.
Arrest Vocab Continued…
• Corroborate – Police are required to confirm tips from citizens
• Reasonable suspicion – based on even less evidence than probable cause.
• Stop and frisk – if an officer thinks that a person is armed and dangerous, they may pat down the person’s outer clothing
Search and Seizure
• Exclusionary rule – If the court finds the search was unreasonable, then evidence found in the search cannot be used at the trial against the defendant.
• Search warrant – a court order, issued by a judge
• Before a judge issues a warrant, a police officer must file an affidavit – a sworn statement of facts and circumstances that provides the probable cause to believe that a search is justified.
Interrogations and Confessions
• Interrogate – after an arrest is made, the police question the accused
• Self-incrimination – a suspect has the right to remain silent and cannot be forced to testify against himself or herself.– The government bears the burden of proof.– 5th Amendment – “I Plead the Fifth”– Police officers have to read them to you when
you are arrested.