Ch.5 Policing: Legal Aspects Flashcards
Evidence illegally seized by the police cannot be used in trial
Exclusionary rule
What’s the purpose behind the exclusionary rule
- 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
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
Frisk
Facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed
Probable cause
What to conclusions must be justified by substantial and trustworthy evidence for probable cause to arrest the person
- Violation of the law has been committed
- The person to be arrested committed the violation
For probable cause to search a particular promises to exist to conclusions must be supported by substantial and transfer the evidence
Specific items to be searched for are connected with criminal activity
These items will be found in the place to be searched
Four conditions must apply in order to be in exigent circumstance
- 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
What are the five searches without warrants
- Search’s incident to a lawful arrest
- searches with voluntary consent
- Plain view searches
- Automobile searches
- Open fields and abandoned property
What are three general requirements to allow a seizure under Plainview
- 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
Land and ancillary buildings that are associated with the dwelling
Curtilage
Both state and federal courts a confession maybe introduced against the person who made it only if the confession was…
- Voluntary
- In conformity with the Miranda of ruling
What is the main purpose of the Miranda warning
Give prime suspects fair notice of their basic constitutional rights
What are the four Maranda warnings?
- 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
What are the two required elements for Maranda warnings
Custodial and interrogation if you take away one of the other then someone doesn’t have to give them the Maranda warnings
Briefed attention due to suspicion
Terry stop
To protect citizens against abuses of power
Bill of Rights
Accelerated the process of guaranteeing individual rights are face of criminal persecution
Chief Justice Earl Warren
System is designed to ensure that no individual or agency can become powerful enough to usurp the rights and freedoms guaranteed under the constitution
Checks and balances
Most requirements pertaining to what three major areas of due process
Evidence an investigation (search and seizure) arrest and interrogation
Produce substantial changes in both understanding of requirements of due process and in the practical day-to-day operations of the justice system
Landmark cases
If you by a judicial officer to perform a specified act and affording the officer protection from damages if he or she performs it
Warrant
Result of police search was conducted without proper word ordered and properly conducted interrogations
Illegally seized evidence
The court orders the record of lower court case to be prepared for review
Writ of certiorari
Legal principle that excludes from introduction at the trial any evidence later developed as a result of an illegal search and seizure
Fruit of the poisonous tree doctrine
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
Good faith exception
What are the three for threats that provide justification for emergency warrantless action
- Life
- escape
- removal or destruction of evidence
Those conducted without a warrant when special needs arise
Emergency searches
Gives one Forssman officers the right to search a vehicle without a warrant
Fleeting targets exception
