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levels of suspicion & continuum
no information
suspicion
reasonable suspicion
probable cause
beyond a reasonable doubt
suspicion
have minor facts or major facts from an unreliable source
reasonable suspicion
general belief crime has occurred
probable cause
specific belief that a specific person committed a specific crime
exclusionary rule
bars evidence gathered without warrant or probable cause
exception to the exclusionary rule & warrantless searches
good faith exception
inevitable discovery
plain view doctrine
open field doctrine
good faith exception
evidence collected in ‘good faith’ may be used in court even if later found the search was illegal
good faith
honestly believed they were following proper rules
open field doctrine
entering an open field is not a search because not an intimate activity from government intrusion
SCOTUS cases relating to exclusionary rule
Weeks v. U.S.
Silverthorne Lumber Co v. U.S.
Terry v. Ohio
Miranda v. Arizona
Weeks v. U.S.
exclusionary rule created at federal level
Silverthorne Lumber Co v. U.S.
police seized company books; ruled police can’t use illegally obtained evidence to procure legal evidence (fruit of poisonous tree)
Terry v. Ohio
stop & frisk only acceptable when reasonable suspicion is present
Miranda v. Arizona
Miranda Rights
police corruption types
grass eaters
meat eaters
grass eaters
waiting for opportunity + takes it
larger percentage
meat eaters
exploit position & main goal of job is to make money
smaller percentage
corruption theories
rotten apples theory (microlevel)
environmental theory (macrolevel)
rotten apples theory
corruption results from a few bad officers sneaking through training
environment theory
corruption results from political environment
can’t be fixed because so prevalent
police use of force
mere presence
verbal resistant
resistant (passive)
resistant (active physical)
assaultive (aggressive physical)
aggravated physical resistance
key SCOTUS cases involving use of force
Tennessee v. Gardner
Graham v. Connor
Tennessee v. Gardner
fleeing felony rule
Graham v. Connor
court noted deadly force should use objective reasonableness
symbolic assailant (racial profiling)
perceptual shorthand of typical offender