policing: legal aspects (chp 7)

Question 1

Chief Justice Earl Warren

Answer 1

accelerated the process of guaranteeing individual rights in the face of criminal prosecutions.

Question 2

Warren Court rulings

Answer 2

bound the police to strict procedural requirements in the areas of investigation, arrest, and interrogation. (all about individual rights)

Question 3

 Due Process Requirements

Answer 3

the 5th, 6th, and 14th Amendments to the Constitution require due process

Question 4

Most due process requirements of relevance to the police pertain to three major areas

Answer 4

Evidence and Investigation- (search and seizure)
Arrest
Interrogation

Question 5

the 4th amendment

Answer 5

The 4th amendment declares that people must be secure in their homes and in their persons against unreasonable searches and seizures. (guarantees protection from searches without a warrant)

Question 6

Weeks v U.S.

Answer 6

established the exclusionary rule at federal level, holding that evidence that is illegally obtained cannot be used in a criminal trial (information)

Question 7

silver-throne lumber co. v US

Answer 7

fruit of the poisonous tree doctrine; says that just as illegally obtained evidence cant be sued in trial, neither can evidence that derives from illegal search or seizure; (tangible items)

Question 8

Mapp v Ohio

Answer 8

applied the exclusionary rule to criminal prosecutions at the state level

Question 9

Chimel V California

Answer 9

police are only allowed to search a person and the area of their immediate control

Question 10

probable cause

Answer 10

reasonable grounds (for making a search, pressing a charge, etc.)

Question 11

U.S. v Leon

Answer 11

allowed evidence tha tofficers had seized in “reasonable good faith” to be used in court

Question 12

Harris v U.S.

Answer 12

objects that fall into plain view of the office they are allowed to use it as evidence

Question 13

US v Irizarry

Answer 13

police can’t move items to find evidence that isn’t in plain view

Question 14

Arizona v Hicks

Answer 14

held that the Fourth Amendment requires the police to have probable cause to seize items in plain view

Question 15

plain view doctrine

Answer 15

an exception to the warrant requirement which allows officers to seize items which they observe and immediately recognize as evidence or contraband

Question 16

Stop and frisk

Answer 16

is a practice of the New York City Police Department in which police officers stop and question a pedestrian, then frisk them for weapons and other contraband

Question 17

arrest

Answer 17

the act of taking an adult or juvenile into physical custody by authority of law

Question 18

emergency search

Answer 18

a search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need. (public safety)

Question 19

U.S. v Mendenhall

Answer 19

set the arrest standard

Question 20

Terry v Ohio

Answer 20

held that the Fourth Amendment is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime

Question 21

Miranda v Arizona

Answer 21

defendant must be informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination before police questioning, and that the defendant not only understands these rights, but may voluntarily waive them

Question 22

data gathering can occur in what three ways?

Answer 22

physical evidence - cavity search
electronic evidence- phone conversations
latent evidence- relevant evidence but not visible to the plain eye

Question 23

fleeting-targets exceptions

Answer 23

an exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause and without a warrant

Question 24

warrant exeptions

Answer 24

searches incident to arrest
consent search
emergency searches