Section 3 Flashcards

Question

Search and Seizures

Answer 1

-Supreme Court continuously reviews law -Questions: ~Did you or do you have an expectation of privacy? ~When does a seizure begin? ~At what point are you being searched? -Grey areas ~"Working the bus" ~Canine searches ~Warrants for blood tests

Answer 2

-Searches incidental to lawful arrest -Searches during field interrogation -Searches of automobiles under special conditions -Seizures of evidence in plain view ~Searches when consent is given

Answer 3

-US v. Robinson (1973) ~Legal arrest and in police custody = full and reasonable search -Chimel v. CA (1969) ~Searches limited to areas within arrestee's immediate control -Protective sweeps -Cell phones

Answer 4

-Terry v. Ohio (1968) ~Stop and frisk ~Racial profiling

Answer 5

-Carroll v. US (1925) ~Two Rules: *Probable cause *Urgent circumstances -Impounded vehicles -Traffic stops

Answer 6

-Viewed during a lawful stop, search, or entry ~ Don't have to ignore plain-view items ~Includes homes, cars, open fields, yards, etc. -Consent = waive 4th Amendment right ~Must be voluntary; cannot be "tricked" ~Home search consent

Answer 7

-No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; NOR SHALL BE COMPELLED IN ANY CRIMINAL CASE TO BE A WITNESS AGAINST HIMSELF, NOT BY DEPRIVED OF LIFE, LIBERTY, OR PROPERTY, WITHOUT DUE PROCESS OF LAW; not shall private property by taken for public use, without just compensation -Right against self-incrimination -"Pleading the Fifth" ~Indication of guilt? ~Basic right of democracy? -Cannot by compelled to answer any question(s) that can later be used to implicate or convict ones self

Answer 8

-Traditionally, U.S. Supreme Court excludes coerced confessions ~Untrustworthy or unreliable ~Quality of police work -Both physical and psychological pressure can be used ~Psychological examples *Notification of rights *Court Cases **Escobedo v. Illinois (1964) **Miranda v. Arizona (1966) -No notification of constitutional rights = inadmissible in court -"Guiding hand of counsel"

Answer 9

-Miranda v. Arizona (1966) ~Not informed of rights ~No counsel present -Miranda Warning ~"YOu have the right to remain silent. Anything you say can and will be used against you in a court of law. YOu have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?" -The Supreme Court requires that a person is told about: ~Right to silence ~Right to a lawyer (including a public defender) ~Ability to waive their Miranda rights ~What they tell investigators under questioning, even after their detention, can be used in court -Once under arrest, Miranda warning MUST be given before interrogation (felony or misdemeanor) ~Exception = brief traffic stop ~DUI -"Mirandized" Suspect ~Invoke right to counsel ~Timing ~Maryland v. Shatzer (2010)

Answer 10

-Admissible ~Voluntary statements ~Minor to serious crimes ~Written v. oral statements ~Miranda warning wording ~Confirming Miranda with questioning ~Silence does NOT invoke Miranda

Answer 11

-5th Amendment requires "fundamental fairness" -Police cannot encourage crime ~Homeless impersonation -Durgs ~Reno S.E.T -Government conduct and predisposition to crime -Police cannot "originate a criminal design, implant in an innocent's mind the disposition to commit a criminal act, and then induce commission of the crime"

Answer 12

-In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, AND TO HAVE ASSISTANCE OF COUNSEL FOR HIS DEFENSE -Right to Counsel ~Powell v. Alabama (1932) ~Gideon v. Wainwright (1963) *Arsinger v. Hamlin (1973) ~Escobedo v. Illinois (1964) *Miranda Rights

Answer 13

-Not only direct questioning -Remarks that appeal to suspect -Should only occur without attorney if right to counsel waived -Special circumstances

Answer 14

-Due Process ~Right to cross-examine evidence -Immigrants ~Right to know if pleading guilty will lead to deportation

Answer 15

-Substantive ~"What" -Procedural ~"How"

Answer 16

-Crime Control -Public Servant

Answer 17

-Public is enemy -War attitude -Militaristic -Problem: ~Police have little impact on crime -Not all public is criminal -Poor Community Relations -Utilitarian Forcus ~Problem = Can Justify Any Act and use of force -Born out of Professional Era

Answer 18

-Service is key -Focus on community -Police is a tool, not the end result -Police = more of a liaison to services -Still crime reduction, but not main focus -Less might, more right

Answer 19

-The IACP adopted the Law Enforcement Code of Ethics at the 64th Annual IACP Conference and Exposition. The Code of Ethics stands as a preface to the mission and commitment law enforcement agencies make to the public they serve

Answer 20

-As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception; the weak against oppression or intimidation; and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice. -I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in my thought and deed in both personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duties. -I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill-will, never employing unnecessary force or violence, and never accepting gratuities. -I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession -- law enforcement.

Answer 21

-Fairness -Service -Rule of Law -Personal Behavior

Answer 22

-Technology -Internal -External

Answer 23

-Internal Affairs ~"Division of a law enforcement agency that investigates incidents and possible suspicions of law-breaking and professional misconduct attributed to police officers." -Use of Force Policies ~National Institute of Justice (NIJ) *Differs agency to agency

Answer 24

-Civilian Review Boards ~"A municipal body composed of citizen representatives charged with the investigation of complaints by members of the public concerning misconduct by police officers" *NIJ Citizen Review of Police -Policy Makers ~Local government impacts policing

Answer 25

-Cameras ~Dashboard and Body Cameras ~Transparency -GPS ~Provides evidence of whereabouts