Test 3, 150 CH 7 & 8 Flashcards
Which U.S. Supreme Court case was responsible for the creation of the exclusionary rule?
Weeks v. U.S.
purpose of a writ of certiorari
allows appellate courts to review the record of a lower court case
in what situation can an exigent circumstances search be conducted?
when there is clear danger of the destruction of evidence
According to the Supreme Court, the police may conduct a “stop and frisk” without a warrant based on ________ _________
reasonable suspision
When are the police required to read the Miranda warnings to a suspect?
before questioning the arrested suspect
How do new police officers enter the police subculture?
they are socialized into the subculture
Which of the following is the most serious type of corruption?
denial of civil rights
In most big city police departments, which branch is tasked with investigating charges of wrongdoing involving members of the department?
Internal Affairs Division
Agencies such as CALEA provide _________ to police departments that meet specified minimum professional standards
accreditation
Prior to the Supreme Court ruling in Tennessee v. Garner, the use of deadly force by the police was governed by the _______ _______ rule
fleeing felon
Warren Court
focused on guaranteeing individual rights during criminal prosecution by holding the criminal justice system to strict procedural requirements
Which amendments support the requirement of due process?
4, 5, 6, and 14
landmark cases
produce major changes in our justice system(important case laws)
Fourth Amendment
protects against unreasonable searches and seizures
Exclusionary rule:
evidence illegally seized by police in violation of a defendant’s constitutional rights cannot be used in a trial
Mapp v. Ohio
extends exclusionary rule to state level
fruit of the poisonous tree doctrine
illegally seized evidence cannot be used in a trial
Chimel v. California
warrantless search incident to arrest is limited to area in suspect’s immediate control(if you’re on the couch when found, only the couch can be searched)
Georgia v. Randolph
Officers may not conduct a warrantless search if one resident gives permission, but the other refuses(roommates sharing a home)
Warren Court
- included Mapp v. Ohio
- liberal or “progressive” court
Burger Court
- emphasized social order and communal safety
- criminal defendants had most of the responsibility in showing that the police went beyond the law in the performance of their duties
Rehnquist Court
- limited exclusionary rule
- broadened police powers
- limited opportunities for appeals by offenders
- overall conservative approach
Roberts Court
- conservative nature
- eroding the exclusionary rule, only using it if there is an intentional or reckless violation of 4th amendment rights
- often rules in favor of police acting in good faith
good faith exception
regarding the exclusionary rule, it allows evidence seized in good faith to be used in court, even if the search was later ruled illegal