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Policing > Exam 3.1 > Flashcards

Exam 3.1 Flashcards

1
Q

What is criminal law?

A

Body of law established to maintain peace and order, protecting society from harmful acts by other people

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2
Q

What is civil law?

A

Body of law that defines and decides the right of individuals to protect themselves and their property

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3
Q

What is the Bill of Rights?

A

First 10 amendments in the Constitution

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4
Q

What is the First Amendment?

A
  • Religion
  • Free speech
  • Peaceful assembly
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5
Q

What is the Second Amendment?

A

Right to bear arms

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6
Q

What is the Fourth Amendment?

A

No unreasonable searches/seizures without a warrant

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7
Q

What are police searches and seizure?

Fourth Amendment

A

Police invade privacy of an individual to seek evidence, confiscating item(s) or detaining suspect
* Weapon
* Crime
* Contraband

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8
Q

What is the definition of search?

Fourth Amendment

A

Occurs when there is an infringement on the expectation of privacy that society has considered reasonable

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9
Q

What is the definition of seizure?

Fourth Amendment

A

(Property) Occurs when there is a meaningful interference with one’s possessions/property

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10
Q

What is probable cause?

Fourth Amendment

A
  • Exists when facts/circumstances within an officer’s knowledge are sufficient enough to warrant the belief that someone has committed or is committing a crime
  • Conclusion based on reasonably trustworthy information
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11
Q

What is reasonableness?

Fourth Amendment

A

What a “reasonable person” in similar circumstances, with similar information, might conclude

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12
Q

What is reasonable suspicion?

Fourth Amendment

A

When objective facts and logical conclusions are used as the reason for stopping and frisking someone

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13
Q

What is a warrant?

Fourth Amendment

A
  • Written order issued by a judicial authority
  • Authorizes police to take specific actions
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14
Q

What is the Plain View Doctrine?

Fourth Amendment

A

Allows an officer to seize an object if an incriminating object is seen in plain view
* Must be during legitimate stop

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15
Q

What is the Totality of Circumstances?

Fourth Amendment

A

Requires an officer to have a specified and objective basis for the suspicion that a person is/has been involved in criminal activity

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16
Q

When does an arrest occur?

Fourth Amendment

A
  • Detained by authorized individual with intention of making an arrest
  • Person being arrested understands the intention of detainment is for the purpose of being arrested
17
Q

What is consent search?

Fourth Amendment

A

A search of someone’s person, belongings, vehicle, or home, in which the individual voluntarily waives his/her Fourth Amendment protection against unreasonable searches

18
Q

What is the Fifth Amendment?

A
  • Privilege against self-incrimination
  • Right to jury trial
  • Protection against double jeopardy
19
Q

What is the Fourteenth Amendment?

A
  • Right to due process
  • Requirement that evidence of a crime must be presented in court, as long as it was obtained according to the rules
  • Equal civil/legal rights to all U.S. natives (big step for African Americans)
20
Q

What is the definition of due process in the Fourteenth Amendment?

A

No state can deprive any person of life, liberty, or property without due process of law

21
Q

Why is the Fourteenth Amendment problematic for the police?

A

Police can operate more easily under a crime control model than a due process model

22
Q

What is the Equal Protection clause?

Fourteenth Amendment

A
  • Applies equal protection clause to the police
  • Prevents both federal government and states from denying the law’s protection to any group of people based on race, religion, gender, etc.
23
Q

What is the crime control model?

A
  • Allows individuals who are known to be guilty of a crime to be arrested
  • Swift, strict punishment for crimes
  • Uniform approaches to reducing/preventing crime
24
Q

What is the due process model?

Fourteenth Amendment

A
  • Requires evidence of guilt in order for someone to be punished for a crime
  • Evidence must be presented in court and obtained rightfully
  • Enforces equal treatment of all persons accused of crime
  • Imposes various restraints on police actions
25
Q

What is the Exlusionary Rule?

Fourth Amendment

A
  • Judicially-imposed
  • Requirement that any evidence obtained through violations of constitutional rights must be excluded in criminal prosecution
  • Designed to prevent police misconduct
  • Applies to both police officers and those acting as their agents
  • Wrong done by police must involve constitutional questions for the exclusionary rule to apply
26
Q

What is the Fruit of the Poisonous Tree Doctrine?

Fourth Amendment

A
  • Exclusionary Rule
  • Term for evidence found unintentionally as a result of a constiutional violation
27
Q

What is the Good-Faith Doctrine?

Fourth Amendment

A
  • Exclusionary Rule exception
  • Evidence may be included in court proceedings when an officer (in good faith) obtained a warrant, conducted a search, and seized evidence, but the warrant later becomes invalidated
28
Q

What is the Inevitable Discovery Doctrine?

Fourth Amendment

A
  • Exclusionary Rule exception
  • Allows illegally obtained evidence to be included in court proceedings if the evidence would have been discovered lawfully anyway
29
Q

What is the Independent Source Doctrine?

Fourth Amendment

A
  • Exclusionary Rule exception
  • Allows illegally obtained evidence to be included in court proceedings if the evidence was obtained through an independent source, rather than having been tainted by failures in following procedures or police misconduct
30
Q

What are exigent circumstances?

A

Emergency circumstances that pose imminent danger, for example:
* Police are in hot pursuit of a fleeing felon
* There is a danger of imminent destruction of evidence
* A suspect is escaping
* There is imminent danger to officer or others

Policing (12 decks)

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