Chapter 5: Legal Issues with Policing

Question 1

3 Due Process Areas Most Relevant to Policing

Answer 1

1. Search and Seizure (Evidence and Investigation)
2. Arrest
3. Interrogation

Question 2

Exclusionary Rule

Answer 2

• Prevents (excludes) evidence that is unlawfully obtained from being admitted and used in a court of law

Question 3

Mapp vs. Ohio (1961)

Answer 3

• Expanded the exclusionary rule to the state level

Question 4

2 Purposes behind the Exclusionary Rule

Answer 4

1. Exclusion of evidence obtained in violation of a defendant’s constitutional rights will act as a deterrent to police misconduct
2. The integrity of the judicial system requires that the courts not be made party to lawless invasions of the constitutional rights of citizens

Question 5

Good Faith Exception

Answer 5

• Holds that the exclusionary rule does not bar evidence that was obtained by police officers acting in good faith with objectively reasonable reliance on a search warrant issued by a proper magistrate but ultimately found to be unsupported by probable cause

Question 6

Independent Source Exception

Answer 6

• Allows evidence to be admitted in court if knowledge of the evidence is gained from a separate, or independent source that is completely unrelated to the illegality at hand.

Question 7

Inevitable Discovery Exception

Answer 7

• Allows evidence of illegally seized items that would have been discovered anyway
• Allows evidence to be admitted, even though it was seized in violation of the Constitution

Question 8

Frisk

Answer 8

• Patting down of the outer clothing of a suspect based upon reasonable suspicion, designed to protect a police officer from attack with a weapon while questioning a suspect
• A frisk is limited to the outer clothing while a search is a full-blown investigation

Question 9

Reasonable Suspicion

Answer 9

• Legal term that refers to a police officer’s suspicion that a person has recently committed a crime, in the process of committing a crime, or is soon going to commit a crime.
• This suspicion has to be justified based on the reasonable person standard. What would a reasonable person do in this situation?

Question 10

Probable Cause to Arrest

Answer 10

• Two conclusions must be justified by substantial and trustworthy evidence.
  1. That a violation of the law has been committed
  2. That the person to be arrested has committed the violation

Question 11

Probable Cause to Search

Answer 11

• Two conclusions must be justified by substantial and trustworthy evidence.
  1. That the specific items to be searched for are connected with criminal activity
  2. That these items will be found in the place to be searched

Question 12

3 requirements to allow a seizure under Plain View

Answer 12

1. Officer must be legally on the premises or at the place from which the item is plainly viewed.
2. The incriminating nature of the item seized must be immediately apparent.
3. Officer must have a lawful right of access to the object itself.

Question 13

Police Interrogation and Confessions

Answer 13

• Confession can only be used if it was
  1. Voluntary (not the product of coercion by police)
  2. In conformity with the Miranda ruling

Question 14

Two Elements Required for Miranda Warnings

Answer 14

1. Custodial
2. Interrogation
   - These two elements have to be occurring in the same place at the same time. Remove one and there is no legal requirement for Miranda warnings.

Question 15

Arrest

Answer 15

An arrest occurs whenever a law enforcement officer, under legal authority, restricts a person’s freedom of movement or freedom to leave.

Question 16

Match the branch of government to its authorized duty

Answer 16

Legislative Branch - Makes the laws
Judicial Branch - Interprets the laws
Executive Branch - Enforces the laws

Question 17

Match the name of the landmark case to its subject matter

Answer 17

Miranda vs Arizona - 5th Amendment and The right to remain silent
Mapp vs Ohio - 4th Amendment and Exclusionary Rule
Terry vs Ohio - 4th Amendment and Stop and Frisk
Gideon vs Wainwright - 6th Amendment and Right to an Attorney
Weeks vs United States - 4th Amendment and Search and Seizure

Question 18

Who wrote the opinion in the case of Mapp vs Ohio?

Answer 18

Justice Clark

Question 19

What doctrine was associated with the lower courts overturning the convictions in the Leon case?

Answer 19

Fruit of the Poisonous Tree

Question 20

Exceptions to Search Warrants

Answer 20

ACEPIPES
Automobiles
Consent
Evanescent Evidence
Plain View
Incident to Lawful Arrest
Pursuit (Hot)
Emergency Aid
Stop and Frisk

Question 21

What is an exception for requiring Miranda Warnings?

Answer 21

Public safety concern

Question 22

What is custody?

Answer 22

• A Terry stop of a suspicious person is not considered a “custodial interrogation” that requires Miranda warnings
• When questioning becomes sustained and intense it is raised to the level of “custody”

Question 23

What is interrogation?

Answer 23

• Miranda rule only applies where the confession comes as the result of questioning
• Interrogation means asking a suspects questions about the reason he/she is in custody