Chapter 5: Legal Issues with Policing Flashcards
3 Due Process Areas Most Relevant to Policing
- Search and Seizure (Evidence and Investigation)
- Arrest
- Interrogation
Exclusionary Rule
- Prevents (excludes) evidence that is unlawfully obtained from being admitted and used in a court of law
Mapp vs. Ohio (1961)
- Expanded the exclusionary rule to the state level
2 Purposes behind the Exclusionary Rule
- Exclusion of evidence obtained in violation of a defendant’s constitutional rights will act as a deterrent to police misconduct
- The integrity of the judicial system requires that the courts not be made party to lawless invasions of the constitutional rights of citizens
Good Faith Exception
- Holds that the exclusionary rule does not bar evidence that was obtained by police officers acting in good faith with objectively reasonable reliance on a search warrant issued by a proper magistrate but ultimately found to be unsupported by probable cause
Independent Source Exception
- Allows evidence to be admitted in court if knowledge of the evidence is gained from a separate, or independent source that is completely unrelated to the illegality at hand.
Inevitable Discovery Exception
- Allows evidence of illegally seized items that would have been discovered anyway
- Allows evidence to be admitted, even though it was seized in violation of the Constitution
Frisk
- Patting down of the outer clothing of a suspect based upon reasonable suspicion, designed to protect a police officer from attack with a weapon while questioning a suspect
- A frisk is limited to the outer clothing while a search is a full-blown investigation
Reasonable Suspicion
- Legal term that refers to a police officer’s suspicion that a person has recently committed a crime, in the process of committing a crime, or is soon going to commit a crime.
- This suspicion has to be justified based on the reasonable person standard. What would a reasonable person do in this situation?
Probable Cause to Arrest
- Two conclusions must be justified by substantial and trustworthy evidence.
1. That a violation of the law has been committed
2. That the person to be arrested has committed the violation
Probable Cause to Search
- Two conclusions must be justified by substantial and trustworthy evidence.
1. That the specific items to be searched for are connected with criminal activity
2. That these items will be found in the place to be searched
3 requirements to allow a seizure under Plain View
- Officer must be legally on the premises or at the place from which the item is plainly viewed.
- The incriminating nature of the item seized must be immediately apparent.
- Officer must have a lawful right of access to the object itself.
Police Interrogation and Confessions
- Confession can only be used if it was
1. Voluntary (not the product of coercion by police)
2. In conformity with the Miranda ruling
Two Elements Required for Miranda Warnings
- Custodial
- Interrogation
- These two elements have to be occurring in the same place at the same time. Remove one and there is no legal requirement for Miranda warnings.
Arrest
An arrest occurs whenever a law enforcement officer, under legal authority, restricts a person’s freedom of movement or freedom to leave.
Match the branch of government to its authorized duty
Legislative Branch - Makes the laws
Judicial Branch - Interprets the laws
Executive Branch - Enforces the laws
Match the name of the landmark case to its subject matter
Miranda vs Arizona - 5th Amendment and The right to remain silent
Mapp vs Ohio - 4th Amendment and Exclusionary Rule
Terry vs Ohio - 4th Amendment and Stop and Frisk
Gideon vs Wainwright - 6th Amendment and Right to an Attorney
Weeks vs United States - 4th Amendment and Search and Seizure
Who wrote the opinion in the case of Mapp vs Ohio?
Justice Clark
What doctrine was associated with the lower courts overturning the convictions in the Leon case?
Fruit of the Poisonous Tree
Exceptions to Search Warrants
ACEPIPES Automobiles Consent Evanescent Evidence Plain View Incident to Lawful Arrest Pursuit (Hot) Emergency Aid Stop and Frisk
What is an exception for requiring Miranda Warnings?
Public safety concern
What is custody?
- A Terry stop of a suspicious person is not considered a “custodial interrogation” that requires Miranda warnings
- When questioning becomes sustained and intense it is raised to the level of “custody”
What is interrogation?
- Miranda rule only applies where the confession comes as the result of questioning
- Interrogation means asking a suspects questions about the reason he/she is in custody
