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