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26 Cards in this Set

  • Front
  • Back

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

Levels of Policing

i. local police




ii. sheriff




iii.special police agencies




iv. state police departments




v. federal agencies




vi. native american tribal agencies

Sheriffs

i. policing rural areas




ii. operate county jail




iii. court protection (balliffs) sear




iv. serve civil papers

State Police

highway safety, law enforcement in various areas, technical support to other agencies

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

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

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

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

Amendment 4

search and seizure: we have the right to be protected from search and seizure, includes probable cause, warrants

Amendment 5

self-incrimination

Amendment 6

right to attorney, mostly trial things, speedy trial, right to a jury trial, right to cross examine, due process

Amendment 8

bail can’t be excessive, right to be protected from cruel and unusual punishment

Amendment 14

due process, equal protection, bill of rights is applied to the state

Exclusionary Rule

illegally obtained evidence is not admissible

Fruits of the poisonous tree

derivative evidence is also not admissible

Arrest

to take into custody




-deprives a person of freedom for having allegedly committing a criminal offense

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

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

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

Suspicion-less searches

police may search all individuals without suspicion if based on public concern for safety




(airport screenings, border crossings)

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

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

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.

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

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



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