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A sworn, written statement of the information known to an officer that serves as the basis for the issuance of an arrest warrant or a search warrant.
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terms list
Affidavit
A sworn, written statement of the information known to an officer that serves as the basis for the issuance of an arrest warrant or a search warrant.
Arrest
Any interference with a person which, if not privileged, would constitute false imprisonment.
Arrest Warrant
A judicial order commanding that a particular person be arrested and brought before a court to answer a criminal charge.
Charging
The act of formally asserting that a particular person is to be prosecuted for a crime.
Detention or Investigative Detention
Temporary and limited interference with the freedom of a person for investigative purposes.
Due Process
Fairness through judicial proceedings.
Due Process Clause
The title of clauses appearing in both the 5th and 14th amendments of the Constitution of the U.S.
Exigent Circumstances
An exception to the requirement that law enforcement officers have a search warrant; occurs when there is a compelling need for official action and there is no time to get a warrant.
Fruits of the Poisonous Tree Doctrine
Evidence obtained from an unreasonable search and seizure cannot be used as the basis for learning about or collecting new admissible evidence not known about before.
Procedural Criminal Law
That branch of criminal law that defines what can and cannot be done with, or to, people. It deals with processess of the arrest, search and seizure, interrogations, confessions, admissibility of evidence, and testifying in court.
Probable Cause
More than a suspicion but less than actual knowledge. 51% sure, more likely than not.
Search
The process of looking for evidence of a crime.
Search and Seizure
The process of looking for evidence of a crime and taking that evidence into the custody of a law enforcement agency.
Search Warrant
Written authorization by a judge allowing law enforcement officers to look for specified items of evidence of a crime in a specified place.
Stop and Frisk
A limited pat down of the outer clothing of a person encountered by law enforcement officer when the person is acting suspiciously, and the officer, concerned about safety, seeks to determine if the person has a weapon.
Stop and Identify
Stop and identify" statutes are laws in the United States that require persons detained under certain circumstances to identify themselves to a police officer. In Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), the Supreme Court of the United States held that such laws did not violate the Fourth Amendment prohibition on unreasonable searches and seizures or the Fifth Amendment privilege against self-incrimination. The Court understood the Nevada statute to mean that a detained person could satisfy the Nevada law by simply stating his name.
Substantive Criminal Law
The elements that describe and define a crime.
Unreasonable Search and Seizure
Search of an individual or his/her premises (inc. a car) and/or seizure of evidence found in a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a crime is present. Such a search and/or seizure is unconstitutional under the 4th Amendment (applied to the states by the 14th Amendment), and evidence obtained thereby may not be introduced in court.
Is a "John/Jane Doe" arrest warrant valid under any circumstance? Explain.
Yes. In cases that have DNA evidence, prosecutors are getting indictments against "John or Jane Does" based on their DNA profiles.
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