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Legal Studies Final Study GuideMain Topics Ideas Important Main Sections (7 Sections)Laws and Techniques: Terry, Brown, BostickSemifix cycleo Human cry for more law and order o More energy = more people go to prison o Pushback:We have a lot of people in prisonVery costly: too muchPolicing is complicated: cyclical natureHow do we make it bettero Meant to serve variety of interests o Community policing: police officers are more engaged on an everday level. Not just enforcing the law. Engaging with communityWhy: Broken Windows: enforcing low level crimes. Setting the tone in a particular neighborhoodo Busting people for minor offenses o Will be a safer place because low level crimes is where people get startedo One of the solutions to problem of policing: results in a lot more arrestso Arrest people early for low level so it does not escalateSolution: police need to be more involved in day to day livesMore arrests = solution to the problems get them off the streetMapp v OhioexclusionaryMapp suspected in hiding a fugitiveo fugitive suspected trying to kill someone o come in with a warrant o she fights them o warrant: need a specific place to look. Looking for a humancant open drawersthen gets busted for pornographyo she argues that warrant was looking for a person. Someone in the housecourt agrees with her.Terry v Ohio
Free or not:o This case created a gray phase between the twoCleveland: Halloween 1963Terry appealing conviction Officer McFadden in plain clothes: observes terry and 2 others. Never seen them before. o Said they did not look right to him o Used many years of experienceWalk passed stores. Looking into stores and walking past10-12 minutes. Terry and 2 others meet up.Suspects robbery to happen during the day.o Weapons or guns: there will be people in the store during the day o Officer suspects they are armed during a “daytime robbery”Officer approaches: he grabs terry: pats him: feels a hand gun in the pocketo Stop and friskExtracts handgun. Pats down 2nd guy: finds another gun Terry sought to say search was unreasonable.No probable cause they weren’t committing a crime. Just suspicion.Guns were found prior to the arrestCourt: The officer had the experience to have a reasonable basis for the arrest.o Stop and friskTerry appeals are denied.Stop and frisk doctrineo Reasonable articulated suspicions, brief detention, pat down, questionsJustice warren o Difference between stop and arrest and stop and frisk (gray area) o State can stop you. Alter your freedom. Frisk and ask questions o Against stop and friskProbable cause is the basiso Officer experience provided a reasonable basisDid not answer his questionsAware of daytime robbery and use of weaponsTerry Precedent:o That a police officer may, with reasonable and articulated suspicion that a crime has just been- or is about to be – committed. Briefly detain an individual, ask questions, and conduct a pat down frisk when there is a reasonable fear for officer or public safety.
Brown v TexasPrecedence from terry v ohio o Evidence: allowed to be part of prosecutionEvidence in brown v texas: (criminal act) is overturned.o Doesn’t really fit precedence2 officers in car: see brown and individual walking away from each other. Once they see the car they split up in different directionso high drug area, suspiciousLegally stopped by police officer, can ask for ID. If don’t give ID you can be arrestedo Not a law in MassBrown does not give IDo Arrested o Full blown search. Nothing is found o ID himself on way to station o Charge him with offense o Appeals on grounds of the 4th amendment. That the stop was unreasonableArrest should be nullifiedTexas said: legally stopped: need to provide nameWas is a lawful stop?o Under Terry v OhioYes: objective facts: high drug area, 2 people split once see the cop carRefuse to answer questions: all leads to suspicion1st amendment: the right to be quietIn this instance: not enough to cause an arrest.o Only facts: high drug area. Look suspicious o Not enough factsNot a lawful stop under terry: not naming yourself goes awayReasonable searches: but not enough facts to detain someoneFlorida v Bostick 1991Ft. Lauderdale: Bostick on a bus from Miami to atlanta. Stops in ft LauderdaleOfficers come onto the bus: obviously policemen: and armedo Random sweeps of buses: walk down the aisle o No articulated suspicion o Ask for ID and ticket: you can refuse. Do not have to answerGives them the ticketo Police ask if they can search his luggage: do not have the power to do so
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School: University of Massachusetts
Department: Legal Studies
Course: Intro LEGAL Studies
Term: Fall 2015
Tags: Kropotkin, cases, marraige, jury, Law, and school