CRJ 210 Final Exam Chaps 10-13

Question 1

The 4th Amendment

Answer 1

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause and particularly describing the place to be searched, and the persons or things to be seized

Question 2

Application to Fourth Amendment

Answer 2

Searches: Activities performed in order to find evidence to be used in a criminal prosecution
2 elements have to be met in order to constitute a search within the meaning of the 4th amendment:
-the search is a product of government action
-the government’s action infringes on the individual’s reasonable expectation of privacy

Question 3

Seizure: 4th Amendment

Answer 3

Seizure:
Property can be seized
-search often results in the seizure of evidence
People can be seized
-when a police officer intentionally restrains a person’s liberty in a way a reasonable person believes they’re not free to leave
-an arrest is considered a seizure

Question 4

Application Fourth Amendment cases

Answer 4

Weeks vs. U.S.
-the court held that the seizure of items from Week’s residence directly violated his constitutional rights
Mapp vs. Ohio
-the court decided that evidence obtained illegally may not be used against someone in a court of law by the 4th amendment

Question 5

Katz v. United States

Answer 5

-FBI agents placed a listening device outside a phone booth in which Katz was having a conversation
-4th Amendment: protects people, not persons
-the presence or absence of a physical intrusion into any given enclosure is not important

Question 6

California v. Greenwood

Answer 6

-Search or seizure occurs only when there has been an infringement on an expectation of privacy that society is willing to accept as reasonable
-public places not protected
-trash on public streets

Question 7

Seizure of tangible property

Answer 7

occurs when there is some meaningful interference with an individual’s possessory interest in that property

Question 8

Seizure of a person

Answer 8

-when a person is restrained by an officer believing they don’t have the liberty to leave
US vs. Mendenhall- free to leave doctrine

Question 9

Search Warrant Requirement

Answer 9

Neutral and detached magistrate
Probable cause
-Items to be seized are connected to criminal activity
-Items to be seized are at or in the location to be searched
Particularity
-place to be searched and items to be seized

Question 10

Arrest Warrant Requirements

Answer 10

Neutral and detached magistrate
Probable cause
Particularity
-john doe warrants

Question 11

JUstifications for Search and Seizure

Answer 11

Probable cause: searches and seizures
Reasonable suspicion: stop-and-frisk activities
Administrative justification: administrative searches

Question 12

Probable Cause

Answer 12

-A set of facts and circumstances that would lead a reasonably prudent person to believe that a crime has been committed and a particular person has committed that crime
-Below absolute certainty and proof beyond a reasonable doubt
-Above a hunch or reasonable suspicion
-flight from the scene, admission, incriminating evidence, obvious attempt to hide something,

Question 13

Reasonable Suspicion

Answer 13

-A belief, that criminal activity is taking place or that criminal activity has recently occurred
-Below probable cause but above a hunch
Terry v. Ohio- Stop and frisk doctrine

Question 14

Administrative Justification

Answer 14

-Searches in circumstances other than criminal investigations
-public safety concerns outweigh individual privacy concerns
-sobriety check points
-balance between protecting individuals’ privacy interests and protecting public safety

Question 15

Searches and Seizures Without Warrants

Answer 15

-Searches incident to arrest
-Searches based on exigent circumstances
-Automobile searches
-Plain-view searches
-Consent searches

Question 16

Searches Incident to Arrest

Answer 16

-Search made at the time or shortly following an arrest
-Done out of a concern for the safety of the arresting officer and others
-Prevent concealment or destruction of evidence on the arrestee’s person
Chimel v. California: arm-span rule
Maryland v. Buie: protective sweep

Question 17

Searches Based on Exigent Circumstances

Answer 17

-Hot pursuit
-The likelihood of a suspect’s escaping or presenting a danger to others
-Evanescent evidence (footprints in snow)

Question 18

Automobile And Plain-View Searches

Answer 18

Carroll v. US
-probable cause to believe that the vehicle contains evidence of a crime
-Securing a warrant is impractical
Plain-view
-the police are lawfully in the area where evidence is located

Question 19

Consent Searches

Answer 19

-Cannot result from duress or coercion, expressed or implied
Florida v. Jimeno
-exclusionary rule of evidence
-the person giving consent must have the authority to do so

Question 20

Surreptitious Sampling

Answer 20

-Collecting DNA evidence without a person’s knowledge is legal when the item is discarded or otherwise ‘abandoned’
-No Reasonable Expectation of Privacy
-Police can’t trespass to gain access to trash
CODIS- combined DNA Index System

Question 21

The 5th Amendment

Answer 21

-The government cannot compel an individual to provide incriminating information about themself
-Right to remain silent

Question 22

Confessions and Interrogations

Answer 22

Miranda v. Arizona- Custodial Interrogations
New York vs. Quarles- public safety exception
Rhode Island v. Innis- words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect

Question 23

Confession and Interrogation Terms

Answer 23

Confession- when someone states they are guilty of a criminal offense
Interrogation- formal questioning
Admission-not a confession of guilt but admits only some facts
Inculpatory Statement- evidence that shows a person’s involvement in an act, or evidence that can establish guilt
Exculpatory Statement-evidence tending to excuse, justify, or absolve the alleged fault or guilt of a defendant

Question 24

Burdens of Proof (least to most)

Answer 24

Mere suspicion
Preponderance of evidence
Probable cause
Clear and convincing evidence
Beyond a reasonable doubt

Question 25

Civil Liability

Answer 25

Potential responsiblity for payment of damages or other court enforcement in a lawsuit, as distinguished from criminal liability, which means open to punishment for a crime

Question 26

Accountability

Answer 26

Having to answer for one's conduct. Both police organizations and individual police officers are accountable to the public, elected officials, and the courts for how well they control crime and maintain order while remaining in compliance with the law

Question 27

Injunctive Relief

Answer 27

The plaintiff wants the court to bring the injurious offensive action to a halt Civil liability Two main mechanisms exist for lawsuits against police officers -Section 1983 Liability -State Tort Liability

Question 28

Section 1983 Liability

Answer 28

Provides a remedy in federal court for the deprivation of any rights secured by the Constitution and laws Two requirements for a successful lawsuit -The defendant must have acted under color of law -A federal or constitutional rights violation must have occurred Constitutional violation -Culpability: the plaintiff has to prove that the defendant intended the violation to occur

Question 29

State Tort Liability

Answer 29

Negligent acts or misconduct by the police that results in minor injuries

Question 30

State Tort Liability: Intentional Torts

Answer 30

-Actions that are highly likely to cause injury or damage -Must show that the defendant officer knowingly engaged in the behavior -Wrongful death, assault, and battery, false arrest, and imprisonment

Question 31

State Tort Liability: Negligence Tort

Answer 31

The mental state of the defendant officer is not at issue Need to demonstrate the presence of: -A legal duty between the officer and the plaintiff -A breach of that duty -Proximate causation between the officer's actions and the alleged harm -Actual damage or injury

Question 32

State Tort Liability Defenses

Answer 32

Public-duty Doctrine -Police protection is owed to the general public, not to individuals -Exception- the special relationship has been created Contributory negligence -Plaintiff or other person was negligent -High-speed pursuit; third person runs a red light and is struck by an officer Comparative Negligence -Looks at who is too lame and assigns liability accordingly -Assigns percentages Assumption of risk -If a plaintiff voluntarily engaged in dangerous activity that led to their injury, then the police officer should not be held liable (high-speed pursuit) Sudden peril -Emergency defense for situations in which officers are required to make split-second decisions

Question 33

Civilian Oversight: Civilian Review

Answer 33

-A group of citizens investigates complaints against the police, adjudicates the complaints, and recommends punishment -Individuals may not have police expertise or the capacity for investigation and understanding the issues involved

Question 34

Civilian Oversight: Civilian Input

Answer 34

-Reception and investigation of complaints in the hands of civilians -Next steps are taken by the police department

Question 35

Civilian Oversight: Civilian Monitor

Answer 35

-Complaints are received by the police department, and the process, from beginning to end, is monitored by the external unit -Civilians monitor but do not make decisions

Question 36

External Accountability: Agency Accreditation

Answer 36

-Certification for having met all applicable requirements put in place by an accrediting body CALEA- The Commission on Accreditation for Law Enforcement Agencies (439 standards of professionalism) NYS Accreditation- 110 standards of professionalism Benefits -Maintenance of high standards, less likely to be sued, and more likely to receive grant funds

Question 37

Internal Accountability of LEA

Answer 37

Code of Ethics -A statement of principles concerning the behavior of those who subscribe to the code -Part of the effort to promote police professionals in the 1930s Internal Affairs Unit -Also known as Professional Standards Unit -Receives complaints filed in various manners -Investigates misconduct

Question 38

Police Deviance: Police Crime

Answer 38

-Officer uses official police powers to engage in criminal conduct -Entering private property with no legitimate reason, unjustifiable homicide, etc.

Question 39

Police Deviance: Occupational Deviance

Answer 39

-Using one's position for personal gain -Stealing from the evidence locker, helping a friend get a speeding ticket removed from their driving record

Question 40

Police Deviance: Police Corruption

Answer 40

-Misusing authority to receive material reward or gain -Cash or other tangible object -Skimming cash or drugs from a bust

Question 41

Police Deviance: Abuse of Authority

Answer 41

-Excessive force -Violating constitutional rights -Psychologically abusing citizen

Question 42

Types of Police Corruption

Answer 42

Straightforward- misconduct that provides a direct financial benefit Predatory- engage in criminal acts Combative- doing justice, arrests whatever the cost Perversion of justice- to enact revenge

Question 43

Other Forms of Deviance

Answer 43

Gratuities- free meal, grass eater, meat eater Sexual misconduct

Question 44

LAPD: CRASH

Answer 44

Community resources against street hoodlums 1997 stole the cocaine from the evidence locker huge scandal

Question 45

Explaining Police Deviance

Answer 45

The rotten apple theory -a few problematic officers -faults in the recruitment and hiring phase;s -limitations of psychological tests Environmental factors -organizational -economic, social, and political

Question 46

How Common is Police Deviance

Answer 46

-it is difficult to estimate the true prevalence of police deviance -One researcher surveyed officers in South City on: Sleeping on duty (40%) Using excessive force (39%) Having sex on duty (32%) Committing perjury Drinking on duty

Question 47

Efforts to Control Police Misconduct: The Wickersham Commission

Answer 47

Identify causes of crime and recommend public policy -Also studied police and prosecutorial procedures, probation, and parole -AKA National Commission on Law Observance and Enforcement

Question 48

Efforts to Control Police Misconduct: The Knapp Commission

Answer 48

Detective Frank Serpico -rumors of corruption in NYPD -Grass eaters and meat eaters Recommendations -commanders should be held accountable for their subordinates' actions -commanders should file periodic reports on key areas that would breed corruption undercover informants should be placed in all precincts

Question 49

Controlling Police Deviance

Answer 49

-Screen out applicants who are unfit for the job -Promotion of professional standards and police code of ethics -Internal Affairs Divison -Consent decrees: a voluntary agreement that the police department in question will cease the improprieties of which it is suspected

Question 50

Use of Force

Answer 50

- the use of physical restraint by a police officer when dealing with a member of the public -Authorized to use reasonable and necessary amount of force given the circumstances -May involve hitting, restraining, threatening with or using a baton, OC spray, or Taser

Question 51

Levels of Force Most to Least

Answer 51

7-Deadly force 6-Impact techniques 5-Pain compliance 4-Firm grips 3-Command Voice 2-Verbalization 1-Officer presence

Question 52

Application of Force

Answer 52

80% of the use of force incidents: weaponless tactics 50% of the use of force incidents: grabbing or holding the suspect The nature of contact -People whose contact was initiated by the police were much more likely to see force used -About 80% of the contacts involving the use of force were initiated by the police

Question 53

Tennesse vs. Garner

Answer 53

deadly force -historically deadly force could be applied to prevent a suspected felon from escaping -even when that person posed no immediate threat to the officer or to the public Until this case Court ruled that the use of deadly force to prevent the escape of an unarmed, non-dangerous fleeing suspect is an unreasonable seizure under the 4th amendment

Question 54

Legal standards for deadly force: present dangerousness

Answer 54

An armed suspect who can inflict serious physical harm

Question 55

Legal standards for deadly force: Past dangerousness

Answer 55

-A suspect can pose a serious threat based on past conduct or based on the nature of the crime in question -The serious offense that the suspect is alleged to have committed must have been committed in the recent past

Question 56

Legal standards for deadly force: federal policy

Answer 56

The use of deadly force in situations in which the lives of agents or others are in danger is restricted (imminent danger standard)

Question 57

Legal Standards For Deadly Force

Answer 57

-The severity of the crime -Whether the suspect is resisting or attempting to flee the scene -Whether the suspect poses a threat

Question 58

Suicide by Cop

Answer 58

Individuals who are determined to die engage in behavior that causes responding officers to resort to deadly force