Exam 3 Flashcards
Can use however much reasonable appears necessary
non-deadly force
Only to prevent or end a dangerous felony involving risk to human life
Deadly force
Police encouraged or had defendant commit crime though they would not have done it themselves
Entrapment
Defendants predisposition to commit the crime.
The question goes to the?
Subjective Standard
Jury
Focus is on law enforcement officers activity.
Question goes to?
Objective Standard
Judge
All evidence illegally obtained directly or indirectly must be excluded.
Exclusionary rule
Weeks v. US, Silver Platter Problem, and Mapp v. Ohio are all examples of what
Exclusionary rule
Arguments for the exclusionary rule are what
Judicial integrity and deterrent
Arguments against the exclusionary rule are what
States rights and “large cost”
What four places does the exclusionary rule not apply
Before trial proceedings, After trial, Civil cases, Admin agency hearings
Would have discovered the evidence regardless of the illegal conduct
Inevitable Discovery
Got evidence from an independent, untainted source not connected to the illegal activity
Independent Source
How many exceptions/limits to the exclusionary rule are there
9
Ill gotten evidence cannot be used to determine guilt or innocence but can be used to impeach the defendants credibility
Impeachment exception
If state provides defendant with a hearing of an unreasonable search and seizure claim they cannot raise exclusionary questions again according to what
Post-Conviction Federal Habeas Corpus Proceeding
If person acting independently of police direction, violates a persons fourth or fifth amendments rights, the court will not exclude the private party’s evidence
Private Party Searches
Exclusionary rule does not apply where police act on an objectively reasonable belief that their conduct is not violating a defendants rights
Good faith exception
Us v. Leon is a case about
Good faith Exception
Search does not violate the constitution but only violates the internal working rules of an agency
Agency Rule/ State law exception
Fourth amendment provides that no warrant, search, or arrest shall be issued unless there is a what
Probable Cause
What are the two prongs in the Aguilar/Spinelli test
Credibility/Reliability prong and Basis of knowledge prong
Totality of the circumstances test is what test
Gates Test
all searches and seizures should be reasonable
Reasonableness clause
Explains how to get a valid warrant
Requirements Clause
Taking a person into custody against his or her will
Arrest
Any government intrusion upon a persons reasonable and justifiable expectation of privacy
Search
An exercise of control by the government over a person or thing
Seizure
What are the elements of a formal arrest
officer intends to arrest, comes from real or presumed authority, actual or constructive seizure of the person, and communication by the officer that the person is under arrest
What can turn a detention into an arrest
Length of seizure, intensity of the intrusion, movement of the suspect, and location of the seizure
Police have the authority to detain a person briefly for questioning even without probably cause to believe that the person committed a crime
Stop and Frisk
What are the three valid factors of a stop and frisk
Observe unusual conduct, leading to a reasonable suspicion that criminal activity may be a foot, and the officers ability to point to specific and articulable facts to justify that suspicion
Less than probable cause, but more than mere/vague suspicion
Reasonable suspicion
An investigatory stop must be temporary and no longer than necessary to satisfy or dispel suspicions
Scope and Duration
May pat down a persons outer clothing for weapons, provided the officer has a reasonable suspicion that the person is armed and dangerous
Frisk
Written order, based on probably cause, issued by a magistrate telling officers to arrest a particular person
Arrest warrant
Written order telling the person to appear in court at a stated day and time
Summons
In MN, the person must be brought before the magistrate within how many hours?
36 hours
Routine searches by government agents at an international border or its equivalent
Border searches
Can stop vehicles and question occupants if the officer has reasonable suspicion that said vehicle contains an illegal immigrant
Roving Patrols
Can stop vehicles and question occupants with a reasonable suspicion
Permanent checkpoints
Government inspectors must have a warrant to search private residences and commercial buildings
Administrative Searches
Before beginning any search, police must have probably cause to believe that auto contains fruits, instrumentalities, or evidence of a crime or contraband
Probably cause requirement
What are the four key questions raised by Miranda
Were the warnings given? Is the defendant in custody? Were the defendants statements made in response to interrogation? Can the confession be used for impeachment purposes
Getting an inmate to do their questioning for them
Jailhouse informers
