P ICE AND T E OL         HCONST UT      IT ION:T E RUL S OF L H     E      AWE ORCE E NF     M NT
The fourth amendment contains two criticallegal concepts:   Unreasonable searches and seizures   The requirement of prob...
   Outline the four major sources that may provide    probable cause.
Sources of Probable Cause:   Personal observation   Information   Evidence   Association
   Explain the exclusionary rule and the exceptions    to it.
The Exclusionary Rule:   Prohibits the use of illegally obtained evidence in    courtThe Fruit of the Poisoned Tree:   E...
Exceptions to the exclusionary rule:   Inevitable discovery    ◦ Brewer v. Williams (1977)    ◦ Nix v. Williams (1984)  ...
   Distinguish between a stop and a frisk, and    indicate the importance of the case Terry v. Ohio.
A stop is the brief detention of a person bythe police for questioning. A stop requiresreasonable suspicion.A frisk is a p...
Stops and Frisks are governed by:   Reasonable suspicion   Terry v. Ohio (1968)   The “totality of the circumstances”
   List the four elements that must be present for an    arrest to take place.
The elements of arrest:   The intent to arrest   The authority to arrest   Seizure or detention   The understanding of...
Arrests with a warrant:   Officers are required to knock and announce their    presence.   Wilson v. Arkansas (1967).  ...
Arrests without a warrant:   The arrest is committed in the presence of the    officer.   The officer has knowledge a cr...
 The   Role of Privacy in Searches ◦ Katz v. United States (1967)    A person must show they have an expectation of priv...
 Search   warrants must demonstrate: ◦ Information showing probable cause that a crime has   been or will be committed ◦ ...
   List the four categories of items that can be seized    by use of a search warrant.
Four categories of items that can be seizedby use of a search warrant:   Items that resulted from a crime   Items that a...
   Explain when searches can be made without a    warrant.
   Searches incidental to arrest    ◦ United States v. Robinson (1973)      The officer’s need to confiscate any weapons...
   Searches with consent    ◦ Schneckcloth v. Bustamonte (1973)    ◦ Florida v. Bostick (1991)   Searches of automobiles...
   Plain view doctrine    ◦ New Hampshire v. Coolidge (1971)      The item is positioned in the officer’s view      The...
Electronic surveillance can only be used:   If consent is given by one of the parties   Or there is a warrant authorizin...
 The   Legal Basis for Miranda When   a Miranda Warning is Required ◦ When a suspect is under arrest ◦ And is being ques...
   Indicate situations in which a Miranda warning is    unnecessary.
 When   Miranda is Not Required: ◦ When police do not ask suspect questions that are   testimonial in nature ◦ When the p...
 Voluntary   Statements Recording   Confessions
   Questions:    ◦ Do you believe a Miranda warning is necessary to      prevent individuals from falsely confessing?    ...
Chapter6
Chapter6
Chapter6
Chapter6
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Chapter6

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Chapter6

  1. 1. P ICE AND T E OL HCONST UT IT ION:T E RUL S OF L H E AWE ORCE E NF M NT
  2. 2. The fourth amendment contains two criticallegal concepts: Unreasonable searches and seizures The requirement of probable cause to issue a warrant
  3. 3.  Outline the four major sources that may provide probable cause.
  4. 4. Sources of Probable Cause: Personal observation Information Evidence Association
  5. 5.  Explain the exclusionary rule and the exceptions to it.
  6. 6. The Exclusionary Rule: Prohibits the use of illegally obtained evidence in courtThe Fruit of the Poisoned Tree: Evidence obtained through illegally obtained evidence is also inadmissible
  7. 7. Exceptions to the exclusionary rule: Inevitable discovery ◦ Brewer v. Williams (1977) ◦ Nix v. Williams (1984) Good Faith ◦ United States v. Leon (1984)
  8. 8.  Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.
  9. 9. A stop is the brief detention of a person bythe police for questioning. A stop requiresreasonable suspicion.A frisk is a pat-down or minimal search bypolice to discover weapons. It is conductedfor the protection of the officer.
  10. 10. Stops and Frisks are governed by: Reasonable suspicion Terry v. Ohio (1968) The “totality of the circumstances”
  11. 11.  List the four elements that must be present for an arrest to take place.
  12. 12. The elements of arrest: The intent to arrest The authority to arrest Seizure or detention The understanding of a person that they have been arrested
  13. 13. Arrests with a warrant: Officers are required to knock and announce their presence. Wilson v. Arkansas (1967). Under certain exigent circumstances officers do not need to announce themselves: ◦ The suspect is armed and dangerous. ◦ Evidence is being destroyed. ◦ A felony is in progress.
  14. 14. Arrests without a warrant: The arrest is committed in the presence of the officer. The officer has knowledge a crime was committed and probable cause to believe the crime was committed by a particular person.
  15. 15.  The Role of Privacy in Searches ◦ Katz v. United States (1967)  A person must show they have an expectation of privacy  That expectation must be reasonable ◦ Greenwood v. California (1988)
  16. 16.  Search warrants must demonstrate: ◦ Information showing probable cause that a crime has been or will be committed ◦ Specific information on the premises to be searched, the suspects to be found and the items to be seized
  17. 17.  List the four categories of items that can be seized by use of a search warrant.
  18. 18. Four categories of items that can be seizedby use of a search warrant: Items that resulted from a crime Items that are inherently illegal for anyone to possess Items that can be called “evidence” of a crime Items used in committing the crime
  19. 19.  Explain when searches can be made without a warrant.
  20. 20.  Searches incidental to arrest ◦ United States v. Robinson (1973)  The officer’s need to confiscate any weapons the suspect may be carrying  The need to protect any evidence on the suspect’s person from being destroyed ◦ Chimel v. California (1969)
  21. 21.  Searches with consent ◦ Schneckcloth v. Bustamonte (1973) ◦ Florida v. Bostick (1991) Searches of automobiles ◦ The Carroll Doctrine ◦ Whren v. United States (1996) ◦ Maryland v. Wilson (1997)
  22. 22.  Plain view doctrine ◦ New Hampshire v. Coolidge (1971)  The item is positioned in the officer’s view  The officer is legally in a position to notice the item  The discovery of the item is inadvertent  The officer immediately recognizes the illegal nature of the item
  23. 23. Electronic surveillance can only be used: If consent is given by one of the parties Or there is a warrant authorizing the activity and: ◦ Names the persons under surveillance ◦ Details the conversations to be recorded ◦ Shows probable cause that a crime has been committed
  24. 24.  The Legal Basis for Miranda When a Miranda Warning is Required ◦ When a suspect is under arrest ◦ And is being questioned about an ongoing investigation
  25. 25.  Indicate situations in which a Miranda warning is unnecessary.
  26. 26.  When Miranda is Not Required: ◦ When police do not ask suspect questions that are testimonial in nature ◦ When the police have not focused on a suspect and are questioning witnesses at the scene ◦ When a person volunteers information before being asked ◦ When the suspect has given a private statement ◦ During a stop and frisk when no arrest has been made ◦ During a traffic stop
  27. 27.  Voluntary Statements Recording Confessions
  28. 28.  Questions: ◦ Do you believe a Miranda warning is necessary to prevent individuals from falsely confessing? ◦ How may recent court decisions that erode Miranda impact the criminal justice system?

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