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cell divison Flashcards

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1
Q

Define Probable Cause

A

Is a reasonable belief grounded on facts.
A resonable ground to belive a person has committed or is committting a crime or that a place contains specific items connected with a crime

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2
Q

The courts have considered the standard in PC to be

A

Non-technical
To be judged in the light of everyday experiences

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3
Q

The standard delas with

A

Possibility not certainty

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4
Q

Circumstances in which probable cause impacts an officer and the courts

A

When making an arrest

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5
Q

For an arrest there must be PC that

A

An Offense has been committed
The person to be arrested committed it

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6
Q

For a search warrant there must be probable cause that

A

An offense have been committed

The items sought are connected to this criminal actvity

The items sought will presently be found in the place to be searched

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7
Q

U.S. V. Ventresca

A
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8
Q

Firsthand Source

A

Officer Knowledge

Ex. Personal Knowledge

Obeservations

Smell

Touch

Hearing

Knowledge of suspect

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9
Q

Two Sources of Facts

A

Firsthand

Secondhand

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10
Q

4 Secondhand Sources

A

Identifiable Source

Good Citizen Informant

Anonymous Tip

Confidential Criminal Informant

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11
Q

Define Corroboration

A

Is confirmation or support by additional edivence or authortity
Verifying information

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12
Q

Recongnize the magistrate’s responsibilty in the determination of probable cause

A

A judical officer must make an independent judgement as to whether the Fouth Admendent standard has been met

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13
Q

A persons assertion of his or her …. cannot give an officer probable cause to believe that a crime has been or is being committed

A

Constitutional rights

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14
Q

Pretextual Stops

A

When an officer stops a vehicle based on probable cause of a traffic violation and after stopping the vehicle lawfully discovers illegal stuff in the vehicle, the stop is proper under the Fourth Admendment

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15
Q

Totality of the circumstances

A
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16
Q

Exclusionary Rule

A

Judically created remedy/fix that results in supression (ask judge not to allow) of evidence derived/obtain from an illegal search or seizure

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17
Q

Boyd V. U.S.

A

The court recongize a judically rule to exclude evidence which was obtained by federal officers in violation of constitutionally protected rights.

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18
Q

Weeks VS. U.S.

A

The court expanded the rule to exclude evidence which was obtained by state officers but was given to federal officers who intened to use it

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19
Q

Mapp V. Ohio

A

The court expaneded the rule to “all evidence obtained by searches and seizures in violation of the Constitution” regradless of whether by state or federal officers.

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20
Q

Exclusionary Rule is designed primarly to

A

Deter unlawful police conduct and, to lesser extent, protect the intergrity of the judical process

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21
Q

Tainted Evidence

A

Is subject to exclusion
When the defendent shows that evidence was obtained through an illegal search or seizure, the exclusionary rule generally requires that such evidence be suppressed.

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22
Q

3 Types of Evidence that may be suppressed ER

A
  1. Physical
    ( contraband, Instrumentalities)
  2. Identification
    (Fingerprints, Handwriting Samples, Mug Shots, Blood Tests, Hair Samples)
  3. Verbal Evidence
    (Confessions/Admissions)
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23
Q

Fruit of the Poisonous Tree

A

Evidence gained by illegal conduct

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24
Q

Totality of circumstances test is used considering what

A
  • Close time frame between illegality and challenged evidence
  • Presence of intervening circumstances
  • Purpose and flagrancy of official Misconduct
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25
Three government defenses to allegations of "tainted evidence"
Independant source: existence of evidence which was not illegally seized and which in fact provided an independent source for the discovery Ex: Segura v. U.S
26
Inevitable Discovery
Permits thr prosecution rule permits the prosecution to demonstrate that evidencr acquired by exploitation of illegal search would have been obtained by legal means
27
Attenuation
This rule provides that despite the illegality in obtaining evidence, such evidence may be admissible if the connection between the evidence and illegal method is sufficiently remote or attenuated.
28
A totality of circumstances test is used considering the following:
A. Close time frame between illegally and challenged evidence B. Presence of intervening circumstances C. Purpose and flagrancy of official misconduct
29
The Good Faith Exception
An officer acted in good faith reliance upon a search warrant issued by a judge, which latter proves to be defective, evidence seized pursuant to the warrant should be held admissible
30
Even if there is a search warrant, an officer’s reliance on the warrant may be found to be unreasonable if
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 as an “adjunct law enforcement officer or 3. The affidavit was so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable, or 4. The affidavit was so “facially deficient” that it could not reasonably be presumed valid.
31
Ethics
The study of what is morally right and what is not
32
Law enforcement officer
An appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the state and who possesses, with respect to those laws, the power to effect for offenses committed or alleged to have been committed
33
Telecommunications Officers (TCO)
A telecommunications operator or dispatcher employed in an E-911 system
34
Law enforcement certification misconduct
The type of behavior that is prohibited by statue and made the subject of a contested case hearing, as opposed to other more generalized types of misconduct
35
Rationalization
The Ascribe one’s acts, opinions, etc to causes that superficially seem reasonable and valid but that actually are unrelated to the true and possibly unconscious and often less creditable or agreeable causes. To make rational or comfortable to reason
36
Contested Case Hearing
A hearing conducted by a single hearing officer, who is an attorney, employed by the Academy, and appointed by the training council. The hearing is held in accordance with the applicable South Carolina, rules of evidence, South Carolina rules of civil procedure and provisions of the South Carolina administrative procedures act applicable to “contested cases”.
37
Law enforcement training council (LETC)
The governing body of the South Carolina, criminal justice academy, who’s membership in terms are outlined by S.C. Code Ann. 23-23-30
38
Continuum of compromise How many years of experience do officers who experience unethical dilemmas have ?
7 years of experience
39
Continuum of Compromise Phase 1
Acts of Omission officer doesn't do something that they are responsible for doing. Ex: turning a blind eye to traffic violations
40
Continuum of Compromise Phase 2
Acts of Commission (admin), officer begins to commit admin/policy violations. Ex: carrying unauthorized equip or weapons, drinking on duty, having sex on duty
41
Continuum of Compromise Phase 3
Acts of Commission (criminal) these acts expose the officer to criminal prosecution. Ex: tampering w/evidence, thefts, bribes, etc.
42
Common Ways LE Rationalize Unethical Conduct
Denial of Victim/Denial of Injury: LEO feels the officer believes that if there is no victim for his/her conduct, the officer did not do any real harm. (Ex. Officer stealing money from a drug dealer because the officer feels the drug dealer did not have to lawful right to the money.) 2. Victim of Circumstance: The LEO believes that he/she had no other choice but to act in a certain way because everyone is doing the same thing. 3. Higher Cause: The LEO believes he/she must break certain rules or laws to accomplish an important goal. The officer believes the ends justify the means. (Ex. Officer conducting an unreasonable/unlawful search of someone who is a sexual predator.) 4. Blame the Victim: The LEO believes that he/she would not have acted in a certain way if the victim had not brought it upon themselves. (Ex. Excessive use of force on a drug dealer)
43
Consequences of Unethical Conduct
1. May subjected to criminal charges 2. May subjected to civil litigation 3. Negative effect on relationship between the community and LE 4. May be disciplined, demoted, or terminated 5. May lose certification 6. May experience additional domestic problems, including divorce, due to the stress gen by the unethical conduct 7. May find your name/picture in the media about corruption and overwhelming public humiliation
44
Identify the ares of ethical concerns that social media presents to the law enforcement officer
Agency use of media: law enforcement can leverage their social media presence to communicate about current events such as they unfold and provide important messages of intent during crisis situations Social media mining Personal use of social media
45
Issue of substance abuse and driving while impaired in South Carolina law enforcement
LEO turn to using drugs to cope with stress and decisions from their day to day job
46
With reference to misconduct how long does a person have to request a hearing?
3 years
47
How many days does SLED have to investigate allegations of misconduct?
90 days
48
Moral Turpitude
Anything done contrary to justice, honesty, modesty, or good morals. It implies something immoral in itself regardless of it being punishable by law
49
Acts of Misconduct that can Deny a Certification?
Conviction, guilty plea, plea no contest, or admin of guilt to a felony, crime punished by a more than 1 yr, or crime of moral turpitude 2. Unlawful use of controlled substance 3. Repeated use of excessive force with public or prisoners 4. Dangerous or unsafe practices involving weapons, firearms, or vehicles which indicate either a willful or wanton disregard for the safety of persons or property 5. Physical or psychological abuse of members of the public or prisoners 6. Misrepresentation of employment-related information 7. Willfully making false, misleading, incomplete, deceitful, or incorrect statements to a LEO or LEO AGENCY. 8. Willfully making false or incorrect statements to any court of competent jurisdiction, or their staff members whether under oath or not 9. Willfully providing false or incorrect statements on a document, record, report or form 10. Falsification of any application for certification and training based upon which the officer was admitted for training 11. Providing false information to SCCJA
50
Denying a Certification Based on Misconduct the Council May Consider?
The seriousness • The remoteness in time • Any mitigating circumstances surrounding the act/omission constituting/alleged to constitute misconduct
51
Reasons why a Certification can be Revoked?
1. Found to have falsified any certification of training 2. Found ineligible due to fail to meet requirements qualifications for training/certification 3. Convicted of criminal offense 4. Evidence satisfactory to the Council that officer has engaged in misconduct to also include violations of criminal law resulting from admin inquiries
52
Civil Process
A summons or writ, esp. to appear or respond in court
53
WRIT
A courts written order in the name of a state or other competent legal authority commanding the addressee to do or refrain from doing some specified act
54
Summons and Complaints
Is a writ or Process commencing the plaintiffs action and requiring the defendant to appear and answer. The complaint is the initial pleading that starts a civil action and states the basis for the court jurisdiction the basis for the plaintiffs claim and the demand for relief
55
Subpoena
A writ commanding a person to appear before a court or other tribunal subject to penalty for failing to comply
56
Notice of hearing
A notice in writing that advises a party of a date time and place that a hearing will be held
57
Restraining order
An order in the nature of an injunction. "An order restricting a person from harassing, threatening, and sometimes merely contacting or approaching another specified person." It may temporarily until a hearing can be held to determine whether or not a permanent order will be granted
58
Claim and delivery
A claim for recovery of a specific personal property wrongfully taken and detained as well as for any damages caused by taking or detention.
59
Eviction
The act or process of legally dispossessing a person of land or rental property
60
Masters in Equity Court
Jurisdiction over matters referred from Circuit Court, Foreclosure, Partitions of Real and Personal Property, and Guardian Ad Litem
61
Family Court
Hears cases involving divorce, annulment, separate maintenance, family support, paternity, child custody, visitation, and domestic violence, juveniles matters and adoption
62
Probate Case
Jurisdiction over matters involving Wills, Estates, Guardian Ad Litem, and Mental Competency issues
63
Circuit court of common pleas
Civil Branch of Circuit Court. It can handle any civil matter, having concurrent jurisdiction with Magistrate Court but tends to hear cases where the amount in controversy is OVER $7500
64
Magistrate Court
Jurisdiction over civil actions where the amount in controversy is less than $7500

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