Ch.5 Policing: Legal Aspects Flashcards

1
Q

Evidence illegally seized by the police cannot be used in trial

A

Exclusionary rule

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2
Q

What’s the purpose behind the exclusionary rule

A
  • Exclusion of evidence obtained in violation of the defendants constitutional rights will act as a deterrent to police misconduct
  • Integrity of the potential system requires that the courts not be made partly to lawless invasions of the constitutional rights of citizens
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3
Q

Heading down to the outer clothing of the suspect based upon reasonable suspicion designed to protect a police officer from attack with a weapon while questioning the suspect

A

Frisk

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4
Q

Facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed

A

Probable cause

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5
Q

What to conclusions must be justified by substantial and trustworthy evidence for probable cause to arrest the person

A
  • Violation of the law has been committed

- The person to be arrested committed the violation

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6
Q

For probable cause to search a particular promises to exist to conclusions must be supported by substantial and transfer the evidence

A

Specific items to be searched for are connected with criminal activity
These items will be found in the place to be searched

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7
Q

Four conditions must apply in order to be in exigent circumstance

A
  • Probable cause at the time and wanted to conceal evidence on a person at the time
  • Emergency threat of distraction or evidence existed at the time
  • Officer had no prior opportunity to obtain a warrant authorizing the search
  • Action was no greater than necessary to eliminate threat of distraction of evidence
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8
Q

What are the five searches without warrants

A
  • Search’s incident to a lawful arrest
  • searches with voluntary consent
  • Plain view searches
  • Automobile searches
  • Open fields and abandoned property
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9
Q

What are three general requirements to allow a seizure under Plainview

A
  • The officer must be legally on the premises or at the place from which the item is plainly viewed
  • Incriminating nature of the items these must be immediately apparent
  • Officer must have a waffle right of access to the object itself
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10
Q

Land and ancillary buildings that are associated with the dwelling

A

Curtilage

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11
Q

Both state and federal courts a confession maybe introduced against the person who made it only if the confession was…

A
  • Voluntary

- In conformity with the Miranda of ruling

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12
Q

What is the main purpose of the Miranda warning

A

Give prime suspects fair notice of their basic constitutional rights

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13
Q

What are the four Maranda warnings?

A
  • The right to remain silent
  • Anything you say can and will be used against you in a court of law
  • You have the right to the presence of an attorney
  • If you cannot afford attorney one will be appointed for you prior to questioning if you desire
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14
Q

What are the two required elements for Maranda warnings

A

Custodial and interrogation if you take away one of the other then someone doesn’t have to give them the Maranda warnings

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15
Q

Briefed attention due to suspicion

A

Terry stop

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16
Q

To protect citizens against abuses of power

A

Bill of Rights

17
Q

Accelerated the process of guaranteeing individual rights are face of criminal persecution

A

Chief Justice Earl Warren

18
Q

System is designed to ensure that no individual or agency can become powerful enough to usurp the rights and freedoms guaranteed under the constitution

A

Checks and balances

19
Q

Most requirements pertaining to what three major areas of due process

A

Evidence an investigation (search and seizure) arrest and interrogation

20
Q

Produce substantial changes in both understanding of requirements of due process and in the practical day-to-day operations of the justice system

A

Landmark cases

21
Q

If you by a judicial officer to perform a specified act and affording the officer protection from damages if he or she performs it

A

Warrant

22
Q

Result of police search was conducted without proper word ordered and properly conducted interrogations

A

Illegally seized evidence

23
Q

The court orders the record of lower court case to be prepared for review

A

Writ of certiorari

24
Q

Legal principle that excludes from introduction at the trial any evidence later developed as a result of an illegal search and seizure

A

Fruit of the poisonous tree doctrine

25
Q

Modify the exclusionary rule to allow evidence that officers had sees and reasonable good faith to be used in court even though the search was later ruled illegal

A

Good faith exception

26
Q

What are the three for threats that provide justification for emergency warrantless action

A
  • Life
  • escape
  • removal or destruction of evidence
27
Q

Those conducted without a warrant when special needs arise

A

Emergency searches

28
Q

Gives one Forssman officers the right to search a vehicle without a warrant

A

Fleeting targets exception