Reasonable Particion Definition

Great Essays
Definitions
1. Plain view is a legal term that describes the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity pg. 205
2. Terry Stop is a brief detention of a person by police on reasonable suspicion of involvement in criminal activity but short of probable cause to arrest. A traffic stop can be considered a Terry Stop, with the driver and passenger being held, and possibly ordered out of the car and searched. (Terry stop, 2016)
3. Exclusionary
…show more content…
Reasonable suspicion is the level of suspicion that would justify an officer in making further inquiry or in conducting further investigation. It may permit stopping a person for questioning or for a simple pat down search. It can be defined as a belief, based on a consideration of facts at hand and on reasonable inferences drawn from those facts, that would induce an ordinary cautious person under the same circumstances to conclude that criminal activity is taking place or that criminal activity has recently occurred. It is a general and reasonable belief that a crime is in progress or has occurred, where probable cause is a reasonable belief that a particular person has committed a specific crime pg. 211
6. Bivens Action is a civil suit based on the case of Bivens v Six Unknown Federal Agents, brought against federal government officials for denying the constitutional rights of others. A type of liability action, directed specifically against federal officials pg. 271
7. Civil liability is the potential responsibility for payment of damages or other court ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability, which means open to punishment for a crime pg.
…show more content…
Police use of force is the use of physical restraint by a police officer when dealing with a member of the public. (Schmalleger, 2016) Police officers are trained on how to use force and when it is appropriate. Force can be handcuffing a suspect, threatening with a flashlight, baton or gun. Excessive force which is the application of an amount and or frequency of force greater than required to compel compliance from a willing or unwilling subject. (Schmalleger, 2016) Excessive force can result in the officer getting into trouble or the suspect getting hurt. Deadly force is likely to cause bodily harm, also the intentional use of a firearm or other instrument resulting in a high probability of death. (Schmalleger, 2016) Federal agencies even have deadly force policies that include: defense of life, a fleeing subject, verbal warnings and then not to fire a warning shot or shooting to disable a vehicle. Officers are now getting the option to use less-lethal weapons, which is a weapon that is designed to disable, capture, or immobilize a suspect, but not kill

Related Documents

  • Improved Essays

    Terry V. Ohio Case Study

    • 639 Words
    • 3 Pages

    392 U.S. 1 (1968) Terry V. Ohio Facts: Police Detective Martin McFadden was an off duty police officer dressed in normal street clothes. On the afternoon of October 31, 1963 McFadden was walking around in downtown Cleveland. While he was out and about two men caught his eye. The men Chilton and Terry were standing on a street corner. McFadden was used to noticing strange and suspicious things and the behavior of these men struck him as suspicious.…

    • 639 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The plain view doctrine is a further exception to the warrant requirement. The doctrine outlines three requirements for law enforcement to validly seize an item without a warrant. “First, the police officer must lawfully make an ‘initial intrusion’ or otherwise properly be in a position from which he can view a particular area.” Any item the officer sees from a place of lawful access will have been viewed from a lawful vantage point. Second, the item must possess some quality to make it immediately apparent to the officer that she may seize it.…

    • 1001 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    Fourth Amendment Warrants

    • 169 Words
    • 1 Pages

    In chapter six, the author examines searches for evidence. The fourth amendment commands the use of warrants. As previously stated, warrants usually consist of three elements to meet the fourth amendment standard. I believe the knock and announce rule is truly effective procedure because this standard can protect officers from injury and more than likely preserve physical evidence from being destroyed. This is also a valuable tool in preventing a high risk target from escaping the scene.…

    • 169 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    a) Consent to Search In R v. Wills (1992) the court found the following criteria necessary for a valid consent search: 1. There was consent, expressed or implied; 2. The giver of the consent had the authority to give the consent; 3. The consent was voluntary (not police coerced); 4. The giver of consent was aware of the police conduct; 5.…

    • 1052 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Probable Cause Case

    • 567 Words
    • 3 Pages

    In reference to the Constitution of the United States of America, the Fourth Amendment is set to protect the American citizen from unlawful searches and seizures (Samaha, 223). According to this statement and how such relates to the presence of Law Enforcement in our daily lives; officers must have probable cause if they intend to investigate an individual for a particular reason. Probable Cause states that the particular officer(s), must have factual evidence that a crime is being or is about to be committed before he or she investigates a person (Samaha, 225). With the numerous incidents that have involved Law Enforcement officers performing unlawful searches, and utilizing things such as excessive force to subdue a suspect, the trust of the community in these government officials has been on the decline. Luckily perhaps, the…

    • 567 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    An officer has to have a proper understanding when searching or arrest warrants are required. It is important to know how to legally search and seize a person, place, or item. The fourth amendment protects citizens of America by injustice government searches and seizures of people’s house, papers, vehicles, and other items. The fourth amendment says that no warrant should be issued but only by probable cause supported by an oath or a place to be searched or items to be seized. There is seven exception for the fourth amendment search warrant requirement that are lawful arrest, consent, plain view, caretaker function, inventory/impounded vehicles and motor vehicle.…

    • 563 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    There are different level of forces, the type of situation help to indicate the level of force uses. Police brutality must stop so that police officers do not forget that they make an oak to serve the public, not…

    • 106 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Fourth Amendment Essay

    • 1062 Words
    • 4 Pages

    The Fourth Amendment authorizes that warrants be given by neutral magistrates based on facts given under oath or affirmation. The Judge has to review the affidavits and decide whether the facts determine probable cause to issue the warrant. Also, the judge needs to know why the facts in the affidavit is trustworthy. Search warrants have to be established on hard facts. Locations that are searched must be described in a lot of detail so law enforcement will not needlessly invade privacy.…

    • 1062 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Why Probable Cause Exists

    • 773 Words
    • 4 Pages

    The Fourth Amendment to the constitution states a person's right to privacy and protects people from unlawful search and seizures. In order for a law enforcement officer to be able to conduct a lawful search and seizure, the officer must provide a search warrant or have probable cause. However, there are some exceptions to this requirement. Under normal circumstances, a law enforcement officer must first indicate that probable cause exists. Probable cause is defined as but is not limited to, a reasonable belief that a crime has been committed or that somebody has committed a crime.…

    • 773 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Stop & Frisk The practice of stop and frisk first began with Terry vs. Ohio. The Fourth Amendment had long required that uniformed officers have probable cause in order to conduct Fourth Amendment invasions in order to administer a reasonable search and seizure. In 1968 the Warren Court, despite its liberal reputation lowered the standards that police officers had to meet. In order to conduct a certain type of search this is now known as “stop’ and ‘frisk.…

    • 1609 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Criminal Law Foundations Evaluation The Fourth, Fifth and Sixth Amendments are a vital part of the adult and juvenile justice system. These Amendments prohibit law enforcement or the government from caring on irrational searches and seizures, hinder law enforcement from forcing an individual to self-incriminate themselves in a case and guarantees an adult the right to a prompt trial by an unbiased jury. In contrast, juveniles are given some of the safeguards that entail the Fourth, Fifth and Sixth Amendment. This because the juvenile justice system is conducted in a more paternal and diagnostic manner.…

    • 1464 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The Fourth Amendment

    • 752 Words
    • 4 Pages

    Amendment IV The fourth amendment is one of the primitive and mainly significant entitlements bestowed to the citizens of The United State of America; the law, distinctively states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What Does the Fourth Amendment Mean? The Fourth Amendment of the U.S. Constitution stipulates, the entitlement of individuals to be secure in their individualities, dwellings, documents, and possessions, against irrational searches…

    • 752 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Fourth Amendment One of our most fundamental rights, the Fourth Amendment, where its importance its crucial to comprehend for the sake of every individual in the United States. This particular amendment protects the right of the people to be secure in their persons, houses, papers against unreasonable searches and seizures( Swanson, Territo & Taylor, 2017). The Fourth Amendment and its meaning are essential for people to comprehend as we are prone to mistakes from police officers since not many of us know our rights. Such amendment and its importance play a vital role determining whether procedures were followed when police officers are conducting a search or arrest. Reasonable Suspicion Reasonable suspicious is based on a strong suspicion that is not that very reliable that a person might be involved in criminal activities or may be armed and dangerous…

    • 642 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Being a police officer is a very risky and challenging profession. When performing their duty, they often encounter different kinds of circumstances. Circumstances that are unavoidable but usually preventable if they are armed with proper knowledge and training regarding situation before executing the task, like, when they conduct their search of a person, an automobile or of a crime scene. To have a better understanding regarding what the police need to conduct the search, in this paper, I will discuss and explain the requirements the police need to conduct the search, like the probable cause requirement, the scope of the exclusionary rule, the value of search warrant as well as the circumstances related to the police search. To conduct the…

    • 1040 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Issues In Policing

    • 1405 Words
    • 6 Pages

    A survey showed results that Hispanics and African Americans are more likely to be expose to force of officers that whites. This brings about problems nationwide within the policing system because the public is being exposed to these situations more each day. It is known that police officers should only use the necessary amount of force that is needed to protect themselves from harm and make arrest, but this is not always the case. There are some cases where officers mishandle suspects and use more force than what is needed when making arrest. The use of force from officers can be categorized into two ways; deadly force or nondeadly…

    • 1405 Words
    • 6 Pages
    Superior Essays