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Academy Week 1 > Probable Cause, Exclusionary Rule, Ethics and Misconduct > Flashcards

Probable Cause, Exclusionary Rule, Ethics and Misconduct Flashcards

1
Q

Definition of Probable Cause

A

a reasonable belief grounded on facts… must contain specific items associated with a crime… MUST BE SHOWN BEFORE AN ARREST WARRANT OR SEARCH WARRANT MAY BE ISSUED

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2
Q

In order to issue a search/arrest warrant, a magistrate must interpret an officer’s statement of probable cause in a _______ and ________ manner

A

Common sense and Realistic

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3
Q

Brinegar vs. US

A

Probabilities are not technical… they are factual and practical considerations of everyday life on which reasonable, prudent men act. THE STANDARD OF PROOF IS ACCORDINGLY CORRELATIVE TO WHAT MUST BE PROVED (THIS IS OFTEN SAID TO BE THE DEFINITION OF PROBABLY CAUSE).

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4
Q

District of Columbia vs. Wesby

A

DC Metro Police arrest 21 partiers in what was supposed to be a vacant home. Probable cause was brought into question afterwards.

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5
Q

When considering magistrate’s duty, what concept is basic to the concept of probable cause and its application to the legal system?

A

A judicial officer must make an independent judgment as to whether the 4th Amendment standard has been met.

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6
Q

For an arrest, there must be probable cause that…

A
  • an offense has been committed

- the person to be arrested committed it

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7
Q

For a search, there must be probable cause that…

A
  • An offense has been committed
  • Certain items are connected to this criminal activity
  • the items will presently be found in the place to be searched

(an affidavit containing facts to satisfy the probable cause requirement must be filed before a search warrant can be issued.)

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8
Q

U.S. vs. Ventresca

A

officers intruding on the privacy of citizens are well-advised to seek a disinterested determination of probable cause from an impartial magistrate because in “doubtful or marginal cases, a search under warrant may be sustainable where without one it would fail”… BASICALLY, GET A WARRANT JUST TO BE SAFE… THE OFFICER IS RESPONSIBLE FOR COLLECTING FACTS, AND THE MAGISTRATE MUST ASSESS THOSE FACTS’ SIGNIFICANCE IN THE EYES OF THE LAW.

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9
Q

State vs. Smith

A

mere conclusory statements which give a magistrate no basis to make a judgment regarding probably cause are insufficient to support the issuance of a search warrant… AFFIDAVIT MUST CONTAIN SUFFICIENT UNDERLYING FACTS AND INFO UPON WHICH A MAGISTRATE MAY MAKE A DETERMINATION OF PROBABLE CAUSE.

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10
Q

State vs. Weston

A

The existence of probable cause cannot be determined by simply counting the number of days between the occurrence of facts and the issue of a warrant

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11
Q

How does South Carolina require probable cause facts to be presented to a magistrate?

A

clear, concise, WRITTEN WRITTEN WRITTEN form

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12
Q

State vs. McKnight

A

The Constitution and the state of SC require search warrants to be supported by oath or affirmation… STATE LEGISLATURE ALSO STATED THAT SEARCH WARRANTS MAY ONLY BE ISSUED UPON AN AFFIDAVIT SWORN TO BEFORE THE MAGISTRATE. SWORN ORAL TESTIMONY ALONE IS NOT ENOUGH.

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13
Q

Sources of facts:

A
  • firsthand
  • witnessed by officer
  • secondhand

ANY RELEVANT, LEGALLY OBTAINED EVIENCE MAY BE CONSIDERED ON THE ISSUE OF PROBABLE CAUSE EVEN THOUGH THE EVIDENCE MIGHT NOT BE COMPETENT PROOF AT TRIAL.

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14
Q

Personal Knowledge

A

facts an officer can testify as elements as probable cause… “I saw/heard/found”

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15
Q

Can a person’s assertion of their constitutional rights give an officer probable cause to believe that a crime has been committed/is being commited?

A

NO

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16
Q

Types of sources for Secondhand Information

A
  • identifiable source
  • good citizen informant (not a paid criminal informant)
  • anonymous tip (requires additional corroboration to establish probable cause)
  • confidential criminal informant (NOT NECESSARILY CONSIDERED TO BE TRUSTWORTHY)
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17
Q

State vs. Bellamy

A

The informant’s unreliability was compensated for by the strong showing of specificity, 1st-hand observations, and partial corroboration

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18
Q

Evaluating Informant information

A
  • Two Pronged Test

- Totality of the Circumstance

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19
Q

Two Pronged Test… AGUILAR VS. TEXAS

A

determining if information info is sufficient to establish probable cause… underlying circumstances that show…

  1. how the source obtained the info in the case
  2. additional info to show source is a reliable-credible person
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20
Q

Totality of the Circumstances

A

ILLINOIS VS. GATES… totality of circumstances established, affording a magistrate broad discretion in determining probable cause.

MASSACHUSETTS VS. UPTON… confirmed totality of circumstances and rejected the separate requirement of the “two-pronged test”

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21
Q

What is the current test for the sufficiency of information?

A

Totality of Information Test or Totality of the Circumstances… source must have provided specific and detailed info that can be verified by independent law enforcement investigation… magistrate can use totality of information as their basis for the determination of probable cause

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22
Q

What is corroboration?

A

confirmation or support by additional evidence or authority… ABSOLUTELY NECESSARY…

  • officer’s own reports and observations can be used
  • “WEIGHT” OR PERSUASIVENESS OF INFO MUST BE CONSIDERED
  • detailed info implies personal knowledge as is very meaningful
  • greater weight is given to non-confidential info
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23
Q

Pretextual stops

A

vehicles stopped for traffic violation probable cause, but found to have illegal drugs in the vehicle… stop is still allowed under the 4th Amendment

24
Q

When might a court have to conduct a balancing test?

A

When a traffic stop is based on less than probable cause

25
Q

What is the exclusionary rule?

A

a judicially created remedy which results in the suppression of evidence that has been derived from an illegal search or seizure…. DEVELOPED THROUGH CASE LAW FROM

  1. Boyd vs. US
  2. Weeks vs. US
  3. Mapp vs. Ohio

Rule is designed to deter unlawful police conduct and protect the integrity of the justice system

26
Q

What is evidence acquired through an illegal search or seizure called?

A

Tainted evidence… such evidence must be suppressed

1. Dunaway vs. New York… evidence requires a legal probable cause arrest

27
Q

What is the “fruit of the poisonous tree”?

A

evidence gained by illegal police conduct… ID evidence that may be suppressed in court

28
Q

Types of Evidence that may be suppressed?

A
  1. Physical evidence (contraband, instrumentalities)
  2. Identification evidence (fingerprints, handwriting, mug shots, blood tests, hair samples)
  3. Verbal evidence (confessions/admissions, testimony of witnesses)
29
Q

What court case relates to the suppression of fingerprint ID?

A

Davis vs. Mississippi… police detained and fingerprinted 24 young, black men WITHOUT PROBABLE CAUSE

30
Q

What case relates to the suppression of confessions/admissions?

A

Brown vs. Illinois… after an illegal arrest that lead to testimony, the supreme court ruled that Miranda Rights are null and void if the original arrest was conducted without probable cause

31
Q

What is the primary thrust of the exclusionary rule?

A

to render inadmissible in criminal proceedings, evidence that was illegally seized… can apply to:

  1. grand jury proceedings
  2. civil proceedings
  3. parole and probation revocation
  4. sentencing
32
Q

Government Defenses against allegations of “tainted evidence”

A
  1. Independent Source (essential aspect is the existence of evidence that was not illegally seized and that provides an independent source for the discovery of evidence that is being challenged… SEGURA VS. US)
  2. Inevitable Discovery (permits the prosecution to demonstrate that evidence acquired by exploitation of an illegal search would have eventually been obtained by legal means… NIX VS. WILLIAMS)
  3. Attenuation (despite the illegality in obtaining evidence, such evidence may be admissible if the connection between the evidence and the illegal method is sufficiently remote or attenuated. Evidence obtained after an unlawful arrest can be introduced if the connection between the police misconduct and the confession or other evidence has become so attenuated as to dissipate the taint… NEW YORK VS. HARRIS)
33
Q

Discuss the three factors of a “totality of circumstances test”

A
  1. close time frame between illegality and challenged evidence (temporal proximity)
  2. presence of intervening circumstances
  3. purpose and flagrancy of official misconduct
34
Q

Discuss the Good Faith Exception

A

in 1984, the Supreme Court adopted an exception to the exclusionary rule… it was held that the exclusionary rule should be modified so as not to bar the use of evidence obtained by officers acting in reasonable reliance on a search warrant thereafter found to be UNSUPPORTED by probable cause, or found to be technically deficient on its face.

35
Q

When considering the Good Faith Exemption, how may an officer’s reliance on a search warrant be found unreasonable?

A
  1. The issuing judge was misled by information in an affidavit that the affiant knew or should have known was false
  2. The issuing judge wholly abandoned his judicial role and acted instead as an “adjunct law enforcement officer”
  3. The affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable
  4. the affidavit was so “facially deficient” (failing to particularize the place to be searched or the things to be seized) that it could not be reasonably presumed to be valid.
36
Q

Terms commonly associated with law enforcement certification misconducts

A
  1. Ethics
  2. Law Enforcement officer
  3. Telecommunications officer
  4. law enforcement certification misconduct
  5. rationalization
  6. contested case hearing
  7. law enforcement training council (LETC)
37
Q

What officers usually get into trouble?

A

Most commonly, 7-year officers get into ethical dilemmas… they feel victimized by those in authority over them.

38
Q

The Continuum of Compromise

A
  1. acts of omission
  2. acts of commission - administrative
  3. acts of commission - criminal
39
Q

Common ways law enforcement rationalize unethical conduct

A
  1. denial of a victim/denial of an injury
  2. victim of circumstance
  3. higher cause
  4. blame the victim
40
Q

Consequences of unethical behavior

A
  1. criminal charges
  2. civil litigation (lawsuit)
  3. negative effect on the relationship between law enforcement and the community
  4. discipline/demotion/loss of certification
  5. divorce and other domestic problems due to stress
  6. public humiliation
41
Q

More officers commit suicide than die in the line of duty… what is a huge cause of suicide for officers?

A

failure to deal with unethical acts they were involved with

42
Q

Ethics and social media

A

Chris Hsiung: Social media has inspired a “digital renaissance”

  1. agency use of social media
  2. personal social media pressure
  3. social media mining (when opponents of law enforcement glean information from officers’ profiles to cast them in a bad light)

LIVERMAN VS. CITY OF PETERSBURG… CITY LIMITED WHAT OFFICERS COULD POST ONLINE… two officers sued for their 1st amendment rights being violated (they won)

GRUTZMACHER VS. HOWARD COUNTY… PARAMEDIC BATTALION CHIEF FIRED… sued for violation of 1st Amendment rights (lost because his posts hurt the agency’s relationship with public)

43
Q

Substance abuse and impaired driving in SC Law Enforcement

A
  1. substance abuse (1 out of 4 officers abuses alcohol)

2. impaired driving (conviction for DUI is a disqualifier for certification for 5 year)

44
Q

SC Laws governing officer misconduct

A
  • Academy
  • Council (LETC)
  • Misconduct (conviction/guilty plea/plea of no contest/admission of guilt to a felony or anything you did that violates academy policy)
  • REPORTS MUST BE MADE TO ACADEMY BY SHERIFF/CHIEF EXECUTIVE OFFICER WITHIN 15 DAYS OF AGENCY ACTION RESULTING FROM INVESTIGATION… failure to report will result in a civil penalty
  • the accused may request a contested case hearing within 3 years of receipt of the allegation of misconduct/service of allegation… hearing must then take place within 60 days, unless a continuance is requested
45
Q

Oppositions to the hearing officer’s recommendations to the LETC…

A
  • either party (if they oppose) can file a motion of opposition within 15 days of receiving the recommendation
  • the other party can file a response to the motion of opposition, but it must be done WITHIN 10 DAYS
46
Q

After reviewing motions of opposition, when will the LETC issue a final decision on a misconduct case?

A

any time other than at a quarterly or special meeting

47
Q

Can allegations of misconduct be filed with the LETC after an officer has been fired from their agency?

A

Yes, but only within 30 days of the termination, unless extenuating circumstances exist

48
Q

Can someone with misconduct charges against them operate as an LEO or dispatcher?

A

Not until the LETC announces a decision allowing that person to keep their certification (standard, probationary, restricted, or with public reprimand)… or until an appellate court issues a ruling that the LETC shall issue the officer his certification and the LETC has not appealed that ruling

49
Q

how soon must the academy be notified of an officer’s change of address?

A

within 30 days

50
Q

how soon must the investigation into an allegation of misconduct be completed?

A

within 90 days from the date of a request for a hearing by the accused officer unless they request leave from the hearing officer for a specified period

51
Q

how soon must findings of excessive force use be reported to the academy? Are such allegations/findings subject to the FOIA?

A

within 30 days of the finding… and NO

52
Q

how soon must records of a misconduct allegation be expunged if an officer is found not guilty?

A

within 30 days of the ruling

53
Q

What does a pardon from the academy mean?

A

Restoration of all civil rights lost as a result of a conviction, including:

  1. registering to vote
  2. voting
  3. serving on a jury
  4. holding public office
  5. testifying without having the fact of their conviction introduced for impeachment purposes
  6. not have their testimony excluded in a legal proceeding if convicted of perjury
  7. be licensed for any occupation requiring a license
54
Q

is a pardon necessarily sufficient for the restoration of a former officer’s certification?

A

not necessarily… the facts underlying the pardoned conviction must be considered… HOWEVER, AN EXPUNGEMENT WOULD BE MORE LIKELY TO RESULT IN A RESTORED CERTIFICATION

55
Q

Suspension of certification due to criminal charges

A
  • certifications will be suspended until criminal charges are resolved
  • academy shall notify officer and agency via registered mail that their certification has been suspended
  • after charges are resolved (if the officer still works for their agency), the agency must inform the academy of the verdict of the criminal justice proceedings
56
Q

Crimes of Moral Turpitude

A

ANYTHING THAT VIOLATES ADMINISTRATIVE OR JUDICIAL CASE LAW!!!

Anything done contrary to justice, honesty, modesty, or good morals… an act of baseness, vileness, or depravity contrary to the customary rule of right and duty between man and man.

SOMETHING INTENTIONAL THAT IS WILLFULLY IMMORAL, I.E. MURDER, RAPE, BLACKMAIL, FRAUD, LARCENY, INTENT TO HARM PERSONS OR THINGS, AUTO THEFT, CRIMINAL SEXUAL CONDUCT, HIT AND RUN, MAKING ILLEGAL ALCOHOL, POSSESSION OF COCAINE, RECEIVING STOLEN GOODS

Academy Week 1 (7 decks)

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