Week 5 Lecture
- 1. Chapter 5: Police Officers and the Law
- 2. After completion of this chapter, students should be able to: Understand procedural laws, and how they govern police actions Identify landmark cases that established the exclusionary rule Describe exceptions to seizure without a warrant Understand a citizen’s rights while being interrogated Identify the circumstances when police can make an arrest or hold someone in custody
- 3. Police practices are affected by city and county councils, state legislatures, and the federal Congress These legislative bodies pass laws that limit or expand police jurisdiction, create standards, and provide remedies for unacceptable police practices
- 4. Supreme Court has power to establish rules that trial courts must follow Rules of evidence stipulate how evidence can be introduced Defines the qualifications of an expert witness
- 5. Prohibits the use of evidence obtained in violation of the Fourth Amendment of the U.S. Constitution Established in the federal court case of Weeks v. United States (1914) Evidence against Weeks obtained without a warrant violated his constitutional rights
- 6. Mapp v. Ohio (1961) Police searched Mapp’s house without a search warrant, probable cause, or consent U.S. Supreme Court required states to use the exclusionary rule
- 7. Rights of the accused are based on the United States Constitution Fourth Amendment and the Right to Privacy Evidence gathered in a manner that violates constitutional rights of the accused cannot be used in court
- 8. Police detect suspicious activity Police present probable cause evidence to a judge Warrant must be approved by the judge Police execute the warrant properly, evidence is then admissible
- 9. Search Incident to Lawful Arrest Plain-View Search Consent to Search Search of Automobiles Search of Persons
- 10. A warrantless search is permitted when there is clear and present danger to public safety Searches of airline and bus passengers Searches of subway passengers Border searches School searches
- 11. Premises to be searched is entered incorrectly in the search warrant document Acting in good faith, police search that location If police find criminal activity, then they can still seize evidence in good faith
- 12. Electronic Communications Wiretapping: a search and seizure involving telephones Local law enforcement agencies must meet stringent requirements to intercept Homeland Security under USA Patriot Act can perform search without warrants
- 13. 1985 Tennessee v. Garner (1985) Deadly Force restricted to situations when the lives of officers or a citizen are jeopardized
- 14. In defining admissible testimony, rules of evidence also reflect case law relating to the Fifth and Sixth Amendments
- 15. Confessions inadmissible if obtained by use of force Brown v. Mississippi (1936) Ashcraft v. Tennessee (1944)
- 16. Miranda v. Arizona (1966) The court issued an opinion which summarized all the rights of a citizen during police custody, arrest and interrogation
- 18. Lineups must be fair, and must meet the following requirements: Suspects have the right to have an attorney present A lineup must contain suspects who are similar and match the description given by the witness A lineup must contain actual suspects and not police personnel masquerading as suspect A lineup must contain persons who are known to the police not to be capable of being the offender Pearson Education, Inc. © 2010
- 19. The FBI is the federal agency most actively engaged in gathering intelligence information Since September 11 th , 2001, new legislation has enhanced the FBI’s intelligence gathering capacity
- 20. Material Witness Law (1984) Allows individuals to be held ‘indefinitely’ Criticized for eroding ‘due process’