CRJ 210 Final Exam Chaps 10-13 Flashcards

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1
Q

The 4th Amendment

A

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

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2
Q

Application to Fourth Amendment

A

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

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3
Q

Seizure: 4th Amendment

A

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

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4
Q

Application Fourth Amendment cases

A

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

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5
Q

Katz v. United States

A

-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

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6
Q

California v. Greenwood

A

-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

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7
Q

Seizure of tangible property

A

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

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8
Q

Seizure of a person

A

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

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9
Q

Search Warrant Requirement

A

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

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10
Q

Arrest Warrant Requirements

A

Neutral and detached magistrate
Probable cause
Particularity
-john doe warrants

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11
Q

JUstifications for Search and Seizure

A

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

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12
Q

Probable Cause

A

-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,

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13
Q

Reasonable Suspicion

A

-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

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14
Q

Administrative Justification

A

-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

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15
Q

Searches and Seizures Without Warrants

A

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

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16
Q

Searches Incident to Arrest

A

-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

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17
Q

Searches Based on Exigent Circumstances

A

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

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18
Q

Automobile And Plain-View Searches

A

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

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19
Q

Consent Searches

A

-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

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20
Q

Surreptitious Sampling

A

-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

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21
Q

The 5th Amendment

A

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

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22
Q

Confessions and Interrogations

A

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

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23
Q

Confession and Interrogation Terms

A

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

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24
Q

Burdens of Proof (least to most)

A

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

25
Q

Civil Liability

A

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

26
Q

Accountability

A

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

27
Q

Injunctive Relief

A

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

28
Q

Section 1983 Liability

A

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

29
Q

State Tort Liability

A

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

30
Q

State Tort Liability: Intentional Torts

A

-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

31
Q

State Tort Liability: Negligence Tort

A

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

32
Q

State Tort Liability Defenses

A

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

33
Q

Civilian Oversight: Civilian Review

A

-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

34
Q

Civilian Oversight: Civilian Input

A

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

35
Q

Civilian Oversight: Civilian Monitor

A

-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

36
Q

External Accountability: Agency Accreditation

A

-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

37
Q

Internal Accountability of LEA

A

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

38
Q

Police Deviance: Police Crime

A

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

39
Q

Police Deviance: Occupational Deviance

A

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

40
Q

Police Deviance: Police Corruption

A

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

41
Q

Police Deviance: Abuse of Authority

A

-Excessive force
-Violating constitutional rights
-Psychologically abusing citizen

42
Q

Types of Police Corruption

A

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

43
Q

Other Forms of Deviance

A

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

44
Q

LAPD: CRASH

A

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

45
Q

Explaining Police Deviance

A

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

46
Q

How Common is Police Deviance

A

-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

47
Q

Efforts to Control Police Misconduct: The Wickersham Commission

A

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

48
Q

Efforts to Control Police Misconduct: The Knapp Commission

A

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

49
Q

Controlling Police Deviance

A

-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

50
Q

Use of Force

A
  • 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
51
Q

Levels of Force Most to Least

A

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

52
Q

Application of Force

A

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

53
Q

Tennesse vs. Garner

A

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

54
Q

Legal standards for deadly force: present dangerousness

A

An armed suspect who can inflict serious physical harm

55
Q

Legal standards for deadly force: Past dangerousness

A

-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

56
Q

Legal standards for deadly force: federal policy

A

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

57
Q

Legal Standards For Deadly Force

A

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

58
Q

Suicide by Cop

A

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

59
Q
A