Chapter 7 and 8
Chapter 7 and 8 Criminal Justice 101
Popular in Introduction to American Criminal Justice System
Criminal Justice 101
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This 4 page Class Notes was uploaded by Savannah Tipton on Thursday October 22, 2015. The Class Notes belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 23 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
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Date Created: 10/22/15
Chapter 7 Use of force 0 Key supreme court cases 0 Tennessee v Garner 1985 0 Graham v Connor 1989 creates a standard for use of force 0 Risk of lawsuits loom over departments 0 Training internal review disciplining or ring quotquick triggerquot of cers 0 New means sought to apply force based on quotreasonablenessquot of the moment discretion back to the of cer Corruption 0 Grass eaters use their position to reap bene ts of payoffs of the job ex Never having to pay for coffee free meals at restaurants etc 0 Meat eaters use their power and authority of the position they hold for personal gain 0 quotblue coatquot code 0 Mooching bribery chiseling extortion shopping scandals shakedowns premeditated theft favoritism perjury prejudice Controlling corruption 0 Citizen complaints and scandals Civic accountability Internal Affairs IA units police policing the police 0 Investigate complaints made against of cers 0 quotblue wallquot or quotcurtain of silencequot Civilian review board 0 No power to investigate or discipline 0 Effectiveness not tested 0 Send concerns to IA or police 0 Standards and Accreditation o Nationally recognized standards 0 Civic liability law suits 0 Charges brutality false arrest and negligence 0 Large money damages incentive reform Chapter 8 Police and Constitutional Law Legal limitations on police investigations 0 4th amendment gt search seizure and warrants Stop brief interference in a person s freedom of movement few minutes based on reasonable suspicion articulable reasoning Search and seizure 0 Search looking for evidence that intrudes upon a person39s reasonable expectations of privacy o Seizure not free to leave of cers assert authority to halt someone39s movements or deprive their freedom Arrest Taken into custody transported to a jail or station and processed Probable cause evidence shows reasonable conclusion that person has committed a crime 0 Discretionary warrantless arrests o Arrest authority not limited to felonies and misdemeanors Search warrant requirements Existence of probable cause Sworn oath or af rmation in written af davit Must be speci c to place Must describe speci c person or items to be seized quottotality of circumstancequot judge assesses sworn af rmationaf davit has reliable information that meets requirements for a warrant Plain view doctrine Of cers may examine and use as evidence without a warrant contraband or eviednece that is in open view at a location where they are legally permitted to be Coolidge v New Hampshire 1971 0 Open elds doctrine if criminal evidence is visible no a piece of property including by air use of helicopters Plain feel and other senses does sense of quotfeelquot apply to searches of property Stop and frisk on the streets 0 Terry v Ohio 1968 0 Limited pat down if reasonable suspicion of a crime Obligation to make observations draw reasonable conclusions identify themselves and make inquires before conducting Reports from reliable witness Honesty and professionalism of sworn of cers is critical 0 When can a terry search take place 0 When police of cers observe unusual conduct which leads him to conclude criminal activity is going on understands person is dangerous sees threat to himself or others conduct search of outer layer of clothing for weapons and to create safety Search incident to a lawful arrest Chimel v California 1969 0 Of cers justi ed to check if suspect is unarmed for own and public safety 0 Search person and vicinity Search for weapons and evidence Traf c offense arrestee can be searched Exigent circumstances Of cers in the middle of an argument situation must act swiftly no time to seek warrant ln hot pursuit Home entry in a perceived emergency Real danger of evidence loss or damage Kentucky v King 2011 police can create an exigent circumstance even on accident Public safety threat not a requirement Consent If given absolves exclusion of evidence at trial and civil liability Of cers trained to routinely ask United States v Drayton 2002 quotright to say noquot advice not required Permissible consent search 0 Consent must be voluntary 0 Person must have authority to give consent If officer believes person giving consent is the appropriate person then evidence can be used even if that person had no right to give consent Automobile searches Since evidence is mobile of cers have broad authority to search vehicles Passenger can be ordered to exit for safety Visible inspection is always legal Probable cause required to search entire vehicle Drug or alcohol arrest justi es search Impounded cars fully permissible Questioning suspects The fth amendment Miranda rules what are they Miranda v Arizona 1966 0 Must inform before questioning Why are they important Brown v Mississippi 1936 o Forced confession inadmissible Custodial interrogations only The consequence of Miranda Warnings often read after arrest Many suspects talk anyway O O 0 Don t want to look guilt Some overly con dent Hope to gain favor or plea bargain The Exclusionary Rule Illegally seized evidence may not be used against an individual in court Weeks v United States 1914 O Upheld spirit of the fourth amendment Mapp v Ohio 1961 0 Extended rule to state and local courts Harsh criticism No proof improper searched prevented Punishes prosecutors and society quotmotions to suppressquot are few Only a small number are granted Exceptions to the exclusionary rule Good faith exception reliance on 0 Warrant found to be incorrect O O O Statutes later declared unconstitutional Records maintained by justice system Search consent given without authority Inevitable discovery exception 0 O O O Nix v Williams 1984 Improperly obtained evidence can be used when it would have been discovered anyways without improper action Stages identi ed in C process in which rule does not apply Shifted to quotdid the police make an error that was so serious that the exclusion of evidence is requiredquot
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