Police and the Rule of Law

This set of flashcards covers key concepts from the lecture on police practices, due process, technology in law enforcement, and landmark court cases involving constitutional rights.

Rule of Law

The principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.

Constitution

The supreme law of the United States, establishing the framework for government and protecting individual rights.

Due Process

Legal requirement ensuring fair treatment through the judicial system.

Fifth Amendment

Protects against self-incrimination and double jeopardy, ensuring due process of law.

Fourteenth Amendment

Grants citizenship and equal protection under the law to all persons born or naturalized in the U.S.

Procedural Due Process

Legal doctrine requiring the government to follow fair procedures before depriving a person of life, liberty, or property.

Probable Cause

A reasonable belief that a person has committed a crime or that evidence of a crime can be found at a particular location.

Reasonable Suspicion

A legal standard of proof that is less than probable cause, necessary for stopping and searching.

Terry v. Ohio (1968)

U.S. Supreme Court case that ruled police can stop and frisk a person based on reasonable suspicion.

Sibron v. New York (1968)

A case that upheld the standards for stop and frisk based on reasonable suspicion.

Peters v. New York (1968)

Established that police can stop and question a person if they have reasonable suspicion.

Stop and Frisk

Law enforcement practice of temporarily detaining a person for questioning and patting them down for weapons.

Disproportionate Targeting

When specific demographic groups, such as racial minorities, are more frequently subjected to certain law enforcement practices.

Mapp v. Ohio (1961)

Supreme Court case that ruled evidence obtained in violation of the Fourth Amendment cannot be used in state courts.

Exclusionary Rule

Legal rule that prohibits the use of illegally obtained evidence in a court of law.

Good Faith Exception

Allows for the admission of evidence obtained by police officers acting in good faith, without a warrant.

Fruit of the Poisonous Tree Doctrine

Legal metaphor referring to evidence that is derived from an illegal search or seizure.

Inevitable Discovery

The concept that unlawfully obtained evidence can still be admissible if it would have been discovered lawfully.

Fourth Amendment

Protects against unreasonable searches and seizures.

Katz v. United States (1967)

Supreme Court case that established the right to privacy in public spaces.

California v. Greenwood (1988)

Determined that there is no reasonable expectation of privacy for garbage left on the curb.

Automated Fingerprint Identification Systems (AFIS)

A biometric identification system that uses digital imaging technology to obtain, store, and analyze fingerprint data.

Less-than-lethal force technologies

Tools designed to incapacitate a target without causing permanent injury.

Gunshot Location Technologies

Systems that detect and locate the source of gunfire.

Body-Worn Cameras (BWCs)

Devices used by police to record interactions with the public.

Kyllo v. United States (2001)

Supreme Court case that held the use of thermal imaging to detect heat from a home constitutes a search.

Communications Assistance for Law Enforcement Act

A law requiring telecommunications carriers to assist law enforcement in executing electronic surveillance.

Cell Phone Monitoring

The practice of tracking a cell phone’s location or accessing its content by law enforcement.

Canine Searches

Searches conducted by police using trained dogs to detect illegal substances or explosives.

Warrant Requirements

Legal prerequisites that must be met for law enforcement to obtain and execute a search warrant.

Exceptions to Warrant Requirement

Scenarios in which law enforcement can conduct searches without a warrant, such as consent or exigent circumstances.

Plain View Doctrine

Allows police to seize evidence without a warrant if it is clearly visible.

Exigent Circumstances

Emergencies that allow law enforcement to conduct searches without a warrant.

Incident to Lawful Arrest

A legal basis for police to search a person without a warrant when they are arrested.

Automobile Exception

Allows police to search a vehicle without a warrant if they have probable cause.

Miranda v. Arizona (1966)

Supreme Court case establishing the requirement to inform suspects of their rights during interrogation.

Harris v. New York (1971)

Ruling that statements made by a suspect after a violation of their Miranda rights can be used for impeachment.

Berghuis v. Thompkins (2010)

Supreme Court case that held a suspect must explicitly invoke their right to remain silent.

Custodial Interrogation

Questioning by law enforcement after a suspect has been taken into custody.

Right to Counsel

The constitutional right of a defendant to have legal representation.

Sixth Amendment

Part of the U.S. Constitution that protects the rights of criminal defendants.

Escobedo v. Illinois (1964)

Supreme Court case ruling that a defendant has the right to counsel during police interrogations.

Warrantless Search

A search conducted by law enforcement without a search warrant.

Investigatory Stop

A brief detention of a person by law enforcement for questioning based on reasonable suspicion.

Validity of Search Warrant

Criteria that determine whether a search warrant is legally justified.

Reasonable Expectation of Privacy

Legal standard that determines whether a person's privacy rights have been violated.

Totality of the Circumstances

Legal standard used to assess the total context and situation when determining probable cause.

Riley v. California (2014)

Supreme Court case that ruled warrantless searches of cell phones are unconstitutional.

Utah v. Strieff (2016)

Allowed evidence obtained from an illegal stop if the officer discovered an outstanding warrant.