Ch.5 Policing: Legal Aspects

Question 1

Evidence illegally seized by the police cannot be used in trial

Answer 1

Exclusionary rule

Question 2

What’s the purpose behind the exclusionary rule

Answer 2

• Exclusion of evidence obtained in violation of the defendants constitutional rights will act as a deterrent to police misconduct
• Integrity of the potential system requires that the courts not be made partly to lawless invasions of the constitutional rights of citizens

Question 3

Heading down to the outer clothing of the suspect based upon reasonable suspicion designed to protect a police officer from attack with a weapon while questioning the suspect

Answer 3

Frisk

Question 4

Facts and circumstances that would lead a reasonable person to believe that a crime has been or is about to be committed

Answer 4

Probable cause

Question 5

What to conclusions must be justified by substantial and trustworthy evidence for probable cause to arrest the person

Answer 5

• Violation of the law has been committed

- The person to be arrested committed the violation

Question 6

For probable cause to search a particular promises to exist to conclusions must be supported by substantial and transfer the evidence

Answer 6

Specific items to be searched for are connected with criminal activity
These items will be found in the place to be searched

Question 7

Four conditions must apply in order to be in exigent circumstance

Answer 7

• Probable cause at the time and wanted to conceal evidence on a person at the time
• Emergency threat of distraction or evidence existed at the time
• Officer had no prior opportunity to obtain a warrant authorizing the search
• Action was no greater than necessary to eliminate threat of distraction of evidence

Question 8

What are the five searches without warrants

Answer 8

• Search’s incident to a lawful arrest
• searches with voluntary consent
• Plain view searches
• Automobile searches
• Open fields and abandoned property

Question 9

What are three general requirements to allow a seizure under Plainview

Answer 9

• The officer must be legally on the premises or at the place from which the item is plainly viewed
• Incriminating nature of the items these must be immediately apparent
• Officer must have a waffle right of access to the object itself

Question 10

Land and ancillary buildings that are associated with the dwelling

Answer 10

Curtilage

Question 11

Both state and federal courts a confession maybe introduced against the person who made it only if the confession was…

Answer 11

• Voluntary

- In conformity with the Miranda of ruling

Question 12

What is the main purpose of the Miranda warning

Answer 12

Give prime suspects fair notice of their basic constitutional rights

Question 13

What are the four Maranda warnings?

Answer 13

• 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 the presence of an attorney
• If you cannot afford attorney one will be appointed for you prior to questioning if you desire

Question 14

What are the two required elements for Maranda warnings

Answer 14

Custodial and interrogation if you take away one of the other then someone doesn’t have to give them the Maranda warnings

Question 15

Briefed attention due to suspicion

Answer 15

Terry stop

Question 16

To protect citizens against abuses of power

Answer 16

Bill of Rights

Question 17

Accelerated the process of guaranteeing individual rights are face of criminal persecution

Answer 17

Chief Justice Earl Warren

Question 18

System is designed to ensure that no individual or agency can become powerful enough to usurp the rights and freedoms guaranteed under the constitution

Answer 18

Checks and balances

Question 19

Most requirements pertaining to what three major areas of due process

Answer 19

Evidence an investigation (search and seizure) arrest and interrogation

Question 20

Produce substantial changes in both understanding of requirements of due process and in the practical day-to-day operations of the justice system

Answer 20

Landmark cases

Question 21

If you by a judicial officer to perform a specified act and affording the officer protection from damages if he or she performs it

Answer 21

Warrant

Question 22

Result of police search was conducted without proper word ordered and properly conducted interrogations

Answer 22

Illegally seized evidence

Question 23

The court orders the record of lower court case to be prepared for review

Answer 23

Writ of certiorari

Question 24

Legal principle that excludes from introduction at the trial any evidence later developed as a result of an illegal search and seizure

Answer 24

Fruit of the poisonous tree doctrine

Question 25

Modify the exclusionary rule to allow evidence that officers had sees and reasonable good faith to be used in court even though the search was later ruled illegal

Answer 25

Good faith exception

Question 26

What are the three for threats that provide justification for emergency warrantless action

Answer 26

- Life - escape - removal or destruction of evidence

Question 27

Those conducted without a warrant when special needs arise

Answer 27

Emergency searches

Question 28

Gives one Forssman officers the right to search a vehicle without a warrant

Answer 28

Fleeting targets exception