LESSON FIVE
Chapter Five – Police Officers and the Law
Objectives:
Upon completion of this lesson, student should be able to:
1. Explain procedural laws and how they affect the actions of police.
2. Describe the rules of evidence for police actions regarding the collection of evidence, and what landmark cases were involved in establishing the exclusionary rule.
3. State the guidelines police must follow in conducting searches that do not violate citizens’ constitutional rights.
4. Identify the exceptions that allow search and seizure by police without a warrant.
5. State and explain the rights citizens are guaranteed while in police custody regarding interrogations and confessions. 6. Explain the circumstances under which the police may legally make an arrest or hold a person in custody.
Student Instructions:
1. Read pages 74 thru 91. 2 Submit answers to the following questions to your instructor.
a. What type law governs all stages of the criminal justice process including court procedures, such as rules of evidence, and police procedures such as search and seizure, arrest, and interrogation? Procedural Law b. Under the rules of evidence, what happens when police improperly collect evidence? It can be declared inadmissible.
c. Explain the exclusionary rule and list the 6 major cases that define the rule. The exclusionary rule is a rule that prohibits the use of evidence or testimony obtained in violation of civil rights liberties and rights protected by the U.S. Constitution. The 6 major cases are Weeks vs. United States, Silverthorne Lumber co. vs. United States, Wolf vs. Colorado, Mapp vs. Ohio, Hudson vs. Michigan, Herring vs. United States.
d. Describe the fruit of the poisoned tree doctrine. It is another rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search. How did it get its name? It comes from the analogy that if