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26 Cards in this Set
- Front
- Back
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Purpose of Policing |
i. enforce all laws all the time ii. preventing crime iii. apprehend criminals iv. authoritarian but helpful neutral in all situations v. right crime and follow the structures of the constitutional due process |
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Levels of Policing |
i. local police ii. sheriff iii.special police agencies iv. state police departments v. federal agencies vi. native american tribal agencies |
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Sheriffs |
i. policing rural areas ii. operate county jail iii. court protection (balliffs) sear iv. serve civil papers |
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State Police |
highway safety, law enforcement in various areas, technical support to other agencies |
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Federal Agencies |
i. investigate a specific set of crimes defined by congress ii. FBI is federal governments general law enforcement agency iii. DEA, ATF, and TSA are responsible for enforcing specfic laws |
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Native American Tribal Police Agencies |
i. treaties create sovereign nations that have some legal autonomy ii. enforcement is normally the duty of federal officers of BIA |
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Discretion-influential factors |
the nature of the crime departmental policy the amount of evidence relationship between alleged criminal and the victim relationship between the police and the criminal
demeanor of suspect preference of the victim the legitimacy of the victim race, class, gender |
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Community oriented Policing |
i. collaborative effort between police and community both help identify problems of crime/disorder ii. develop solutions from w/in community creates trust, cooperation, open flow of info |
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Amendment 4 |
search and seizure: we have the right to be protected from search and seizure, includes probable cause, warrants |
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Amendment 5 |
self-incrimination |
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Amendment 6 |
right to attorney, mostly trial things, speedy trial, right to a jury trial, right to cross examine, due process |
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Amendment 8 |
bail can’t be excessive, right to be protected from cruel and unusual punishment |
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Amendment 14 |
due process, equal protection, bill of rights is applied to the state |
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Exclusionary Rule |
illegally obtained evidence is not admissible |
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Fruits of the poisonous tree |
derivative evidence is also not admissible |
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Arrest |
to take into custody -deprives a person of freedom for having allegedly committing a criminal offense |
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Totality of the Circumstance |
There is not one deciding factor but rather one must take into account all the facts, the context and make a conclusion |
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Vehicle Search |
vehicles exempt from requirement of a search warrant Because person in vehicle has reduced expectation of privacy compared to home Probable cause still needed for officer to search, but warrant is not |
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Inventory Searchers |
PERMITTED ON: -arrested people when booked into jail -cars when impounded list of people’s personal property that gov’t holds in custody protects police from accusations of theft if illegal items found- police allowed to use this info to prosecute cases w/o having to meet fourth amendment’s requirements |
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Suspicion-less searches |
police may search all individuals without suspicion if based on public concern for safety (airport screenings, border crossings) |
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Interogation |
questioning of subject in custody GOALS ARE: -establish if suspect is the perpetrator (by getting a confession) -elicit accurate information to facilitate the investigation (getting good leads or clues) when I ask you questions, I believe you’re going to make incriminating statements we can have a conversation when you aren’t in custody, for example at your house |
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Custodial Interogation |
situation where suspect’s freedom of movement is restrained in any way put you in handcuffs therefore your freedom to walk away is impaired or we do it at the police station is more custodial |
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Electronic Eavesdropping |
most instances require a warrant katz vs US- private conversations in public places are protected minimization- officers make every effort to monitor only those conversations related to the criminal activity under investigation. |
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Exceptions to the Exclusionary Rule |
fruits derived from miranda violations independent source- evidence discovered by means wholly independent of any constitutional violation intervening act of free will inevitable discovery- evidence would have been discovered furthering investigation anyways violations of knock and announce- knock/announce= police required to do this- violation/failure to comply with these rules does not require suppression of evidence that’s subsequently discovered |
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Miranda Rights |
right to remain silent anything you say can and will be used against you right to an attorney if you cannot afford one, one will be appointed to you waiver of warnings: -when taken into custody -interrogation -custodial interrogation EXCEPTIONS -When Public Safety is an issue -Inevitable discovery |
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Police Lineups |
relative judgments lineup of several individuals matching description witness gavecannot inform suspect that suspect is in lineup- or else feel compelled to pick someone- could lead to false ID |
