Preview

1100 CJ 2012 05s Feb

Good Essays
Open Document
Open Document
874 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
1100 CJ 2012 05s Feb
INTRODUCTION TO CRIMINAL JUSTICE

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

You May Also Find These Documents Helpful

  • Good Essays

    Radley Balko Case Study

    • 1136 Words
    • 5 Pages

    The Utah police shot a young man who had a golf club and thought his home was being burglarized. Although, the suspect could have been on drugs during the raid, the officers had the discretion to talk the gentleman down or to use force. In the video, it clearly shows that before the roommate could get out of the hallway, shots were fired. You can clearly see that the roommate did not have a gun, but that he had a golf club in his hand. In this case the police could have shot the man with a taser gun instead of a gun, or if they had fear of weapons used, they could have shot the man in a non fatal area. The second video shows the officer shooting someone who had a knife. The suspect was asked by police to put down his knife and within seconds the man was fatally shot. The officer could have given the man more time to drop his knife, no matter the area of where the man had the knife on him. Although the police camera did not record the visual aspect of the confrontation between the man and the officer, the officer decision cost a man of his life. In the recording the officer was asked by a woman who was near the scene why did he shoot the man. The officer responded and stated that he did not put the knife down as requested. The officer was cleared of any charges in this case. The officer could have given more time for the man to put the knife down or tased the man, or used pepper spray to ensure officer safety. The last video, although had no fatalities, showed that they officers were unethical in their decision making. The last video records officers joking and singing in a suspect’s musical equipment, after they enter the home believing drugs were sold out of the home. The homeowner did have personal use marijuana in the home not and enough to sell as mass distribution. After the officers realized that the musical equipment was expensive and exceptional the officers started…

    • 1136 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The discovery and search are procedures affirmed by cases New York v. Belton, 453 U.S. 454, (1981), Arizona v. Gant, 566 U.S. 332, (2009) and Wyoming v. Houghton, 526 U.S. 295, (1999). In the case of New York v. Belton, the court ruled that officers can search a car and any compartments in the car after conducting an arrest. This allows the search of the vehicle in the case of Rounds, because he was in custody in the patrol car, and he was arrested. Arizona v. Gant held that the search of a vehicle, after its occupant is arrested, is permissible if it is reasonable to believe that there is evidence linked to the arrest. Since Officer Towns first arrested and placed Rounds in the patrol car and then moved to question the opaque bag, he was in his right, especially because there was reason to believe that the contents of the bag could be linked to evidence of Rounds’s past crime: possession of marijuana. The prosecution cites Wyoming v. Houghton as well. This case dictates that as long as there is probable cause to search a vehicle, all following searches, including those of its contents are legal. Since there was probable cause to search Rounds’s vehicle, the recovery and seizure of the opaque bag was constitutional.…

    • 1222 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The definition of the exclusionary rule was a principle of law that illegally obtained evidence may not be admitted in court. The exclusionary rule was one of the few laws the court system had made to enforce the Forth Amendment’s unreasonable search and seizure clause. The many exceptions and alternatives to the rule caused major controversy over why the rule even stands.…

    • 490 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Evidence builds the basis of any criminal trial. The judge regulates the evidence that is introduced into court. Evidence can be deemed inadmissible if it was illegally obtained under the Evidence Act 1995 (NSW), for example, police forcefully acquired the confession out of the suspect. Most evidence is in the form of oral statements – witnesses that are competent, compellable and non-privileged are called to testify. There are many issues regarding the reliability of evidence. Most trials take place a few months after the crime and witnesses are asked to recall information after this substantial amount of time. The witnesses may not remember all the information correctly or forgetting details as to what had occurred.…

    • 1336 Words
    • 6 Pages
    Better Essays
  • Good Essays

    This is called the Exclusionary Rule. Additionally, if that evidence is used to obtain a confession from the defendant in the case for example, that confession is also inadmissible. This is referred to as the fruit of the poisonous tree in the criminal justice system (Gaines & Miller, 2014, p. 117, 118). This means that police officers must use the highest ethical and constitutional standards when obtaining evidence, or a guilty criminal may walk, as the illegally obtained evidence is inadmissible in…

    • 1010 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Cassie-Have there been times when a police officer had probable cause but were not able to use the evidence?…

    • 1416 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    In the text it states “ In general watching body camera footage reveals unambiguous misconduct, officers would be foolish to file dishonest reports.” Meaning they would be able to look at the video and tell exactly what happened . They would not need to wonder if the police officer and the victim is lying or not. They would simply need to watch the video and get all of the evidence they need.…

    • 451 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Denial of injury occurs when police steal evidence from suspects, violate rights to make arrests, and abuse their authority to maintain order. Some unethical instances have no harming impact on the suspect or the rule of law. Planting evidence on a suspected drug dealer, trying to justify illegal searches with perjury, and harassing prostitutes are some of them.…

    • 363 Words
    • 2 Pages
    Good Essays
  • Good Essays

    After reading the article and the chapter I came to the conclusion that police will do anything in their hands to pressure and find incriminating evidence in cases where there might be none in order to solve a case. I don’t want to sound bias due to my personal experiences but the reality is that the goal of “questioning” is to elicit a confession which in many cases police will pressure to get one. I wasn’t aware using false evidence is legal in order to peer-pressure possible suspects to provoke a confession. From a personal perspective I believe this is wrong in many levels and even thought the article states it is only used in “some” cases I believe the police is capable of taking advantage of it. Police of course prefer confessions rather than other type of evidence due to the fact that it saves them time and they can avoid trial.…

    • 634 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The cambridge law journals. (2006, june 29). application of the rule in keech v sanford. Retrieved 11 2013, 21, from the cambridge law journals: http://dx.doi.org/10.1017…

    • 2079 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Warrant: Since the fourth amendment protects people from unreasonable searches or seizures by police, an arrest warrant is required for law enforcement to proceed with the apprehension of a suspect if there is probable cause. An arrest warrant is…

    • 574 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Rights During Detention

    • 625 Words
    • 3 Pages

    Describe the rights during detention at a police station of an individual suspected of a serious offence.…

    • 625 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Criminal Procedure Outline

    • 29184 Words
    • 117 Pages

    II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for administering criminal justices, as long as those procedures do not violate constitutional provisions…

    • 29184 Words
    • 117 Pages
    Good Essays
  • Better Essays

    These exceptions include: consent, exigency, incident to a lawful arrest, inventory searches, and protective sweeps. Consent searches are voluntarily and clearly given. Consent searchers are limited to the area or object consented to be searched. For example, the voluntary search of an individual’s backpack is strictly concentrated to the item and nothing further, if so, the officer would be violating the individual’s fourth amendment. A protective search can be authorized, if the officer has reasonable suspicion that an individual “may be armed and presently dangerous” (Pg. 351). Furthermore, the incident to a lawful arrest permits officers to search and seize any evidence of the individual being arrested. According to the case, Chimel v. California, the U.S. Supreme Court held the search of the area within the immediate control of the arrested person for weapons and evidence of the crime may be made incident to arrest. I personally believe this is important because the safety of the officer comes first and the preservation of evidence is crucial. As for inventory searches, officers are preserving evidence of the suspect, not as incriminating evidence, but for safety measures. For example, when an individual is arrested, the officer is required to confiscate any items belonging to the individual, and thus the items are documented and processed by the department. The…

    • 1017 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Police Officer Mistakes

    • 1989 Words
    • 8 Pages

    Everyone makes mistakes, even police officers. Police officers must make life changing decisions in a split second. Sometimes, these decisions are not the right decision based on the law. The Supreme Court recognized that police officers will make mistakes. Even the Fourth Amendment permits an officer to make mistakes and when an officer makes a mistake, the Court has ruled that the violation may not have a civil liability. Many times, the evidence discovered by the officer can still be used under “good faith”, exception for the exclusionary rules still applies (Henning, 2016).…

    • 1989 Words
    • 8 Pages
    Good Essays