Module 2 Flashcards

Question

Police Liability

Answer 1

-Criminal Charges ~State and Federal -Civil Lawsuits ~State and Federal *Negligence *Intentional Torts *Constitutional Torts -But Qualified immunity

Answer 2

-Lawsuits ~Changes in the law and policies -EX: ~Deadly Force Suits *Tasers as non-lethal option ~Mentally ill cases *CIT units/training

Answer 3

-Broken Leg -Skull Fractures -Permanent Brain Damage -Facial injuries -Body Bruises -Chest Burn from Stun Gun -Won a 3.8 Million Lawsuit -Two of the four officers got 30 months -Died from Accidental Drowning in 2012

Answer 4

-State Criminal Charges ~Homicide (Chauvin) ~Aiding and Abetting 2nd Degree Murder Federal Criminal Charger Federal Civil Charges -27 Million for the Floyd family ~Federal Civil Rights Claims

Answer 5

-No-knock Warrant -No Body Cameras -Boyfriend/Taylor asks who's there. -Boyfriend fires at the officer in self-defense -Officers return fire in self-defense -Hankinson fires through closed blinds ~Recless for shooting through blinds -Sued 12 million to Taylor Family ~Louisville PD *Banned no-knock *Bodycams **Search warrants *Civilian Review Board -Brett Hankison Wanton Endangerment trial ~State Charges: Not Guilty March 2022

Answer 6

Breanna Taylor Bill

Answer 7

-Investigative Powers ~Stop ~Frisk ~Order You Out of the Car ~Interrogate ~Detain -Arrest power ~Use of Force ~Search ~Seize and Restrain

Answer 8

-Search ~Actions by LAW ENFORCEMENT that intrude on a person's REASONABLE EXPECTATION OF PRIVACY -Seizure ~A police officer depriving a person of their liberty and/or property -Reasonable Suspicion (first level of suspicion (lower level)) ~Under the circumstances, would a REASONABLE OFFICER believe that a person has been, is, or is about to be engaged in criminal activity? *Basis for stop and frisk (pat down) **Terry v. Ohio -Probable Cause (Second level of suspicion (Higher level)) ~Reasonable grounds, based on the TOTALITY OF THE CIRCUMSTANCES, for the belief of guilt *Basis for search and arrest

Answer 9

-Search Warrants ~Court order that a police officer search a specified place for persons or property *Why Court order? **The Executive branch goes to the Judicial branch

Answer 10

-An entity of two or more people who cooperate to achieve one of more objectives

Answer 11

-The chief law enforcement officer of a county, typically elected and frequently operating the jail as well as law enforcement functions

Answer 12

-In England, favored noblemen who were forerunners of modern-day U.S. criminal justice functionaries; largely disappeared in the U.S. by the 1970

Answer 13

-An early English court officer; today one (usually a physician) in the U.S. whose duty is to determine cause of death

Answer 14

-A minor justice official who oversees lesser criminal trials; one of the early English judicial functionaries

Answer 15

-From the 1840s-1930s, the period of when police were tied closely to politics and politicians, dependant on them for being hired and promoted, and for assignments- all of which raised the potential for corruption

Answer 16

-From the 1930s-1980s, when police sought to extricate themselves from the shackles of politicians, and leading to the crimefighter era arrests, citations, response times, and so on; held a greater emphasis being placed on numbers

Answer 17

-Beginning in about 1980, a time when the police retrained to work with the community to solve problems by looking at their underlying causes and developing tailored responses to them

Answer 18

-Federal organizations that, for example, are charged with protecting the homeland (DHS); investigating crimes (FBI) and enforcing particular laws, such as those pertaining to drugs (DEA) or alcohol/tobacco/firearms/explosives (ATF); and guarding the courts and transporting prisoners (USMS)

Answer 19

-The only international crime-fighting organization; it collects intelligence information, issues alerts, and assists in capturing world criminals, and it had nearly 200 member countries

Answer 20

-A state agency responsible for highway patrol and other duties as delineated in the state's statutes; some states require their police to investigate crimes against persons and property

Answer 21

-A state agency that is responsible for investigating crimes involving state statutes; they may also be called in to assist police agencies in serious criminal matters, and often publish state crime reports

Answer 22

-Specially trained units for particular investigative needs, such as those for violations of alcoholic beverage laws, fish and game laws, organized crime, and so on

Answer 23

-A police force that enforces laws and maintains peace within a specified city or municipality

Answer 24

-A unit of county government with a sheriff (normally elected) and deputies whose duties vary but typically include policing unincorporated areas, maintaining county jails, providing security to courts in the county, and serving warrants and court papers

Answer 25

-A diagram of the vertical and horizontal parts of an organization, showing its chain of command, lines of communication, division of labor, and so on

Answer 26

-Vertical and horizontal power relations within an organization, showing how one position relates to other

Answer 27

-All nonpublic officers, including guards, watchmen, private detectives, and investigators; have limited powers and only the same arrest powers as regular citizens

Answer 28

-In-house security services whose personnel are hired. trained, and supervised by the company or organization

Answer 29

-A for-profit firm or individuals hired by an individual or company to provide security services

Answer 30

-Where police and corrections personnel are trained in the basic functions, laws, and skills required for their positions

Answer 31

-In policing, the notion that an officer can "sense" or feel when something in not right, as in the way a person acts, talks, and so on

Answer 32

-One who is to oversee and evaluate the new police officer's performance as he or she transitions from the training academy to patrolling the streets

Answer 33

-The function of the police in contemporary society

Answer 34

-James Q. Wilson argued that there are three styles of policing: watchman, legalistic, and service

Answer 35

-Enforce the law, perform welfare tasks, prevent crime, and protect the innocent

Answer 36

-In the early 1970s, a study of the effects of different types of patrolling on crime- patrolling as usual in one area, saturated patrol in another, and very limited patrol in a third area; the results showed no significant differences

Answer 37

-A proactive management philosophy that involves police-community collaboration and a four-step process (scanning, analyzing, response, and assessment) to focus police activities and thus enable officers to respond more effectively to crime and disorder with arrests or other appropriate actions

Answer 38

-The study of causes of crimes, deaths, and crime scenes

Answer 39

-The interdisciplinary study of physical evidence related to crime; drawing on mathematics, physics, chemistry, biology, anthropology, and many other scientific fields

Answer 40

-Any location where a crime occurred and that may contain forensic evidence relating to and supporting a criminal investigation

Answer 41

-A police officer who is assigned to investigate reported crimes, including gathering evidence, completing case reports, testifying in court, and so on

Answer 42

-Deoxyribonucleic acid, which is found in all cells; used in forensic to match evidence (hair, semen) left at a crime scene with a particular perpetrator

Answer 43

-No warrants shall issue except upon PROBABLE CAUSE ~NOT beyond a reasonable doubt *More than a hunch ~Test *Do you believe the cop?

Answer 44

-Presumed constitutional as long as ~Cop doesn't lie ~Search is according to the warrant -There are no limits to having multiple warrants

Answer 45

-Mapp vs. Ohio (1961) ~US Supreme Court extends the Exclusionary Rule to the States

Answer 46

-Search Incident to a Lawful Arrest ~Chimel v. California (1969) *Arm's Lenght Rule ~New York v. Belton (1981) *Contemporaneous search of passenger compartments and containers ~Riley v. California (2014) *Cell phones at arrest? -Stop and Frisk ~Terry v. Ohio (1968) *Reasonable Suspicion -Exigent Circumstance ~Threat to Public Safety ~Threat to evidence ~Hot Pursuits *Lange v. California (2021) **Warrantless entry into the home is not okay for fleeing misdemeanor suspect -Consent Search ~No probable cause *No warrant ~Cop is asking for what??? *To give up the 4th Amendment Rights ~Issues *Voluntary *Authority -"Plain View" Doctrine ~Legally in a position to view -Abandoned Property ~Why? *Anyone can open a trashcan lid and look into the trashcan **Cigarette butts, public trashcans, etc. ~No reasonable expectations of privacy in public places -Electronic Surveillance ~Wiretapping ~Bugs ~Thermal imaging ~Pole camera ~Cell Phone Tracking ~GPS devices *All need a warrants -The Carroll Doctrine ~Warrantless searches okay w/ probable cause *Either them pulling people over or assisting with car troubles

Answer 47

-DNA "search" at arrest? ~Maryland v. King (2013) *Is not a search, it's like fingerprinting -Blood test for DUI w/o warrant if the driver is unconscious? ~Mitchell v. Wisconsin (2019) *Yes, evidence dissipating, time to seek medical attention, safety at the scene, etc. -Chalking tires for parking tickets? ~Taylor v. City of Saginaw (MI) (2019) *Just like GPS, calling is a trespass onto a car to obtain info w/o probable cause or even individualized

Answer 48

-Interrogation ~Police seeking evidence, a confession *Police conduct must be constitutional -Unconstitutional conduct ~Possible exclusion -Brown v. Mississippi (1936) ~No Physically-coerced confessions *Coerced = involuntary = unconstitutional -Maranda v. Arizona (1966) ~SC: suspects must be informed about their rights before questioning

Answer 49

-Two legal triggers: ~Physical custody *Formal arrest or Not free to leave **Location **Number of officers present **Attitudes of officers and defendant **Stage of the investigation ~Interrogation *Any words or actions likely to elicit incriminating responses **"Christian burial Speech" ***Discussion between two officers in presence of the suspect ***Confronting suspect with evidence -Warning must continue during questioning -The DA has to bring it up if the defendant is not given Miranda rights or has not been given enough Miranda rights warnings

Answer 50

-New York v. Quarles ~Public Safety Exception

Answer 51

-Issues Today ~Use of physical or psychological force ~Threats or promises, misrepresentations ~Age, education, length of interrogation ~Understand the consequences of confess -Illinois and Oregon 2021 ~Phohibits lying to minors Dr. Saul Kassin John Jay College

Answer 52

-"Non-Testimonial Evidence" ~Showup = one-on-one ~Lineup = multiple suspects -Issues ~Right to counsel ~Due process, fairness -Foster v. California ~Fairness

Answer 53

-Constantly changing by virtue of acts by federal and state courts as well as their legislative bodies

Answer 54

-In the Bill of Rights, contains the protection against unreasonable searches and seizures and protects people's homes, property, and effects

Answer 55

-A document issued by a judge directing police to immediately arrest a person accused of a crime

Answer 56

-A document issued by a judge, based on probable cause, directing police to immediately search a person, premises, an automobile, or a building for the purpose of finding illegal contraband felt to be located therein and as stated in the warrant

Answer 57

-In the Fourth Amendment, the term refers to an officer's searching for and taking away evidence of a crime

Answer 58

A reasonable basis to belive that a crime has been, or is about to be committed by a particular person

Answer 59

-The rule providing that evidence obtained improperly cannot by used against the accused at trial

Answer 60

-Any written document in which the signer swears under oath that the statement in the document are true

Answer 61

-An instance in which quick, emergency action is required to save lives, protect against serious property damage, or prevent suspect escape or evidence destruction; in such case, officers can enter a structure without a search warrant

Answer 62

-Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity

Answer 63

-Also known as a "stop and frisk;" when a police officer briefly detains a person for questioning and then frisk the person if the officer reasonably believes he or she is carrying a weapon

Answer 64

-In the Bill of Rights, among other protections, guards against self-incrimination and double jeopardy

Answer 65

-A procedure in which police ask suspects to submit to viewing by witnesses to determine the guilty party, based on personal and physical characteristics; information obtained may be used later in court

Answer 66

-In the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections