Definitions
Welcome to the definition page. This page contains common terms and phrases that are found in court decisions and police reports.
Arrest-Is taking custody of another and thereby depriving him of his liberty by assertion of legal authority for the purpose of holding or detaining him to answer a criminal charge.
Arrest Warrant-A document from a judge, based on probable cause, ordering the arrest of a specific person for a specific crime or crimes.
Border Search-The inspection of persons, vehicles, vessels, ships, and cargo passing through the borders of the United States. The inspection is done to preserve the security of the country, locate contraband or stolen goods, and locate and seize items on which duty has not been paid. The searches can occur at the border or at its functional equivalent (i.e. an inland airport receiving international flights).
Consent-The voluntarily waiving of the Fourth Amendment right to require the government to obtain a search warrant.
Contemporaneous-Beginning, existing, or occurring during the same period of time.
Contraband-Any property the possession of which is a crime.
Curtilage-The area immediately surrounding a residence that "harbors the 'intimate activity associated with the sanctity of a man's home and the privacies of life.'"
De facto arrest-The subjecting of a person to arrest like treatment without probable cause by law enforcement for the purpose of obtaining a statement or evidence. Example: Rounding up a group of individuals that match the description of a suspect and compelling them against their will to submit to fingerprinting at the station.
Detention- The seizing of another and depriving him of his liberty based on "reasonable suspicion" of criminal activity for a limited period of time in order to dispel the suspicion or establish "probable cause" for arrest.
Due Process-Protection of the individual from arbitrary government action.
Eavesdropping-to secretly listen to the private conversation of others.
Excessive force-Force used by a law enforcement officer that goes beyond the minimum necessary force to control and/or apprehend a person.
Exigent circumstances-Emergency conditions. 'Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.'
Formication-a tactile hallucination in which there is a sensation of tiny insects crawling over the skin; most commonly seen in cocaine or methamphetamine intoxication. It is also called Magnan's sign or Meth bugs.
Frisk-A carefully limited search of the outer clothing to look for weapons.
Habeas corpus-A writ issued by a judge ordering law enforcement officials who have custody of a prisoner to bring the prisoner before the court to determine whether the prisoner is lawfully detained.
incident to arrest-a search that is conducted contemporaneous to the time of arrest.
Informant-A person who gives information to law enforcement about the criminal activity of others.
Interrogation-The formal and systematic questioning of a person to elicit incriminating statements of his/her criminal activity.
Interview-The questioning of a person to obtain statements or facts.
Investigative detention-The temporary seizure of a person based on reasonable suspicion for the purpose of either establishing or dispelling his/her involvement in criminal activity.
Less-than-lethal weapons-weapons used by law enforcement when properly utilized will not inflict serious or fatal injury. Typical less-than-lethal weapons include mace, pepper spray, kubaton, baton, taser, and bean bag shotgun
Pre-Text Stop- A vehicle stop for a traffic-related offense as a pretext for conducting investigations into other offenses.
Probable cause-facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed.
Protective Sweep-A quick and limited search of premises to protect the safety of the police officers or others on the scene.
Reasonable suspicion-those articulable facts on which a police officer concludes based on training and experience that a crime has or is about to occur.
Search warrant-an order from a judge, based on probable cause, for the police to search a specific place for specific items for the purpose of obtaining evidence of a crime or crimes.
Seizure-a government termination of freedom of movement or control over property through means intentionally applied.
Taser-brand name for an Electro-Muscular Disruption System. The Taser is a hand-held weapon that fires two barbs connected to wires. The Taser then uses an electrical pulse that travels through the wires and into the subject. The electric pulse temporarily disables the subject.
Unequivocal-Leaving no doubt.