Law enforcement test 2

3 principles of rule of law

no one is above the law, fairness, individual rights

what is more important in the rule of law: the means or the ending

the means

probable cause 

to make an arrest you need more than a hunch

exclusionary rule 

any evidence collected in violation of the 4th amendment cannot be used in court 

1961– Mapp v. Ohio

exclusionary rule

habeas corpus

requiring and incarcerated person to be brought before a judge for an investigation of the restraint of that person’s liberty (remedying wrongful arrest)

Exigent circumstances 

when an arrest can be made without a warrant 

wilson vs. arkansas

knock and announce

Brigham city vs. Stuart

police can enter a home when they reasonably believe someone is or is about to be seriously hurt

Michigan v. Fisher 

emergency aid exception (are police biased for believing a person is in need of aid?)

Kentucky v. King 

fear of evidence being destroyed (drugs)

U.S. V. Robinson

searches after arrests are legal

Terry v. Ohio

Stop and Frisk 

Maryland v. Wilson

may order passengers out of vehicles

Carrol Doctrine

police must have enough probable cause that if there had been enough time, a search warrant would have been issued and urgent p

preston v. U.S.

a towed vehicle cannot be searched without a warrant 

Schneckloth v. Butamonte

a person’s consent to a search is valid even if they are not informed of their right to refuse

Olmstead V. U.S.

wiretaps are not searches and seizures and didn’t violate the fourth amendment (overturned) Ka

Katz v. U.S.

overturned olmstead 

Escobedo V. Illinois

miranda rights

due process

fundamental fairness: government agents may not act in a way that is shocking to universal sense of judgement

entrapment

police may not induce or encourage someone to commit a crime they would have otherwise not done 

parens partiage

“the state is the ultimate parent of the child”

Loco Parentis Doctrine

takes hold if parents fail, meaning the state will act in place of the parent

In re gault 

due processI

In Re Winship

beyond reasonable doubt

Breed V. Jones

concluded fifth amendment protected juveniles from double jeopardy

Roper v. Simmons 

ruled 8th and 14th amendment forbid the execution of offenders who were under 18 when crimes were committed 

Three legitimate uses of force

self defense, power to control to whom one is responsible, and unrestricted authority of the police

Tennessee V. Garner 

no threat doesn’t justify the use of force 

5 escalating steps of force

officer presence/verbal direction, touch control, empty-hand tactic, hand held weapons and then lethal force

absolute ethics

good or badr

relative ethics 

what one may think is good another might not (grey area)

double effect

when someone commits an act to achieve a good end but the effect is bad (bad effect is not intended)

noble cause corruption

the idea that end justifies the means

dirty harry problem

illegal means to achieve morally good things

crime control model 

holds that repression of criminal conduct is the most important function of the police 

due process model

argues that the protection of the process of law is more important than any end result of conviction

meat eaters 

officers that spend a good deal of their working hours aggressively seeking out situations that can exploit for financial gain 

grass eaters

accepts payoffs, not aggressive

environmental theory 

corruption is the result of widespread politically corrupt environment create an environment in which police misconduct flourishes

mooching 

receiving free items 

chiseling

demanding free admission to entertainment or price discounts

prejudice

behaving less than impartially toward minority group members

shakedown

stealing items for personal use and then attributing the loss to criminal activity 

perjury

following the code that demands that officers lie to provide an alibi for fellow officers

Hobbs Act in 1970

made it a federal crime to Obstruct, delay, or affect commerce by robbery or extortion

Garrity V. New Jersey 

statements obtained under threat of job loss are coerced and cannot be used in criminal proceedings.

moonlighting 

having a second job 

tennesse v. gardner

shooting only to defeat an imminent threat to a life

Brady Rule

prosecution must disclose any evidence that is favorable to defense if the material is favorable to guilt/punishment

U.S costumes and border protection  

responsible for preventing terrorists and terrorist weapons from entering the united states 

ICE

responsible for identifying and shutting down vulnerabilities both in nations borders and in economic transportation and infrastructure security. 

Homeland security investigations

Branch of ICE, responsible for investigating a wide range of domestic and international activities arising from the illegal movement of people and goods within, into and out of the U.S.

Transportation Security Administration (TSA)

protects the nation’s transportation systems. air marshals

The U.S. citizenship and immigration services 

responsible for the administration of immigration and naturalization adjudication functions and establishment of immigration services policies and priorates 

coast guard

protects the public, the environment and the U.S economic interests in the nations ports waterways etc.

secret service

protects the president, deals with financial crime

interpol 

international crime fighting operation. Intelligence gathers. deals with common criminals 

department of justice

legal arm of the government. headed by attorney general who is appointed by the president and approved by the senate

FBI’s four main priorates

protects the U.S. from terrorist attacks, protects the U.S. against foreign intelligence operations and espionage, protect the U.S. against cyber based attacks and protect the U.S. against weapons of mass destruction

Other duties of the FBI 

combating public corruption, civil rights violations, organized crime, white collar crime, and major thefts/violent crimes 

FBI new era?

1924 J. Edgar Hoover

FBT Lab

examines blood hair firearms, paint, handwriting type rights and other forms of evidence

National Crime Information Center 

records relating to stolen property, missing persons, fugatives 

Uniform Crime Reports (UCR)

crime data reported from state and local police agencies, 29 types of offense (part 1 and part 2) hierarchy rule

Where did the Bureau of Alcohol tobacco firearms and explosives originate

IRS in 1862

ATF 

administers the U.S. criminal code provisions concerning alcohol and tobacco smuggling and diversion. responsible for investigating and preventing violations of federal laws regarding trafficking of contraband liquor and tobacco, curbing the illegal use of firearms, regulating explosives 

Drug Enforcement Agency

investigations of major violators of controlled substances laws, management of a national drug intelligence program, seizure and forfeiture of assets  derived from illegal drug trafficking 

U.S. Marshal Services (USMS)

apprehension of federal fugitives, pursue escaped federal prisoners, transport federal prisoners and provide a secure environment for judges, attorneys, witness and others in the federal court

Central intelligence agency (CIA)

managing crisis and providing intelligence.

intelligence cycle:

process of collecting analyzing and disseminating

Internal Revenue Service (IRS)

monitoring and collection of federal income taxes. investigations: tax, money laundering, bank secrecy laws. questionable refund program

state troopers/highway patrol

enforcing state statutes, investigating criminal and traffic offenses, making arrests etc.

SBI

investigate all manner of cases assigned to them by their state’s laws and usually report to states general