Exam 2

Plain View

The ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects.

Exclusionary rule

Rule that states evidence that is illegally seized by police can not be used in a trial.

Warrant

Used in criminal proceedings, a writ issued by judicial officers directing law enforcement officers to perform specific act and affording protection from damages if he or she performs it.

Landmark case

Case that sets precedent produces substantial changes both in the understanding the requirements of due process and in the practical day- to- day operations of the justice system.

Good Faith Exception

When officers who conduct a search or who seize evidence believing they are operating according to the dictates of the law, who later discover that a mistake was made may still use said evidence in court.

Fruit of the poisonous tree

Excludes introduction at a trial of any evidence later developed as a result of an illegal search or seizure.

Federal Bureau of Investigation-FBI

protects US from threats within US and provides services to local agencies (NCIC, National Crime Lab, VICAP)

Drug Enforcement Administration-DEA

investigates drug trafficking as they come in US

Bureau of Alcohol, Tobacco, and Firearms-ATF

investigates 3 items as they are transported, imported, and exported in US

Postal Inspection Service

Is responsible for catching the Unabomber, and investigates  postal fraud and mail theft both external and internal

United States Secret Service

protects the President and investigates counterfeiting, also has a uniformed division to protect the White House

United States Wildlife and Fisheries

enforces law pertaining to migratory animals and includes National Fish and Wildlife Forensics Lab

Border Patrol

responsible for protecting the borders of the US

United States Coast Guard

is NOT part of the military and is an office of law enforcement, aids all levels of agencies in investigating the smuggling of humans and drugs

Department of Homeland Security (since 9/11) Federal Emergency Management Agency-FEMA

is responsible for national emergencies both natural and man-made

Administrative Agencies

governmental agencies responsible for investigating and enforcing their rules

Intelligence Agencies

specialize in collecting information on a variety of topics by collecting data for federal agencies

State Level

Agency level specific to their state where their titles vary from state to state and so do the task of the agency; often oversee local agencies during difficult times

State Police (State Highway Patrol, State Troopers)

Either have highway patrols (only traffic) or full law enforcement agencies and often aid local agencies with internal investigations

City Police (Lafayette)

Law enforcement within city limits; the workhorse of law enforcement and enforce state laws and city ordinances to maintain order

Sheriff's Office

Law enforcement in rural areas outside the city limits and enforce state laws and city ordinances to maintain order

Police Misconduct

inappropriate or illegal actions taken by police officers in connection to their duties

Examples of Police Misconduct

Deliberately obtaining false confessions; false arrest; creation and use of falsified evidence, including false testimony; false imprisonment; intimidation; police brutality; police corruption; political repression; racial profiling; sexual abuse; and surveillance abuse

Landmark case

Case that sets precedent produces substantial changes both in the understanding the requirements of due process and in the practical day-to-day operations of the justice system

Warrant

Used in criminal proceedings, a writ issued by judicial officers directing law enforcement officers to perform specific act and affording protection from damages if he or she performs it

Exclusionary rule

When evidence that is illegally seized by police cannot be used in a trial

Writ of certiorari

A writ or order by which a higher court reviews a decision of a lower court

Probable cause

The legal criteria are based on facts and circumstances that would cause a reasonable person to believe that a particular other person has committed a specific crime

Emergency search

A search conducted without a warrant, which is justified on a basis of some immediate and overriding need such as public safety, likely escape of a dangerous suspect, or the removal of destruction of evidence

Anticipatory warrant

Issued on the basis of probable cause to believe that evidence of a crime, while currently not at the place described, will likely be there when the warrant is executed

Deadly force

Force likely to cause death or great bodily harm

Less than lethal force

Force used to disable, capture, or immobilize, but not kill a suspect

Brown v. Mississippi

Outlaws any physical force on a suspect

Escobedo v. Illinois

States everyone has the right to an attorney

Terry v. Ohio

States officers have the right to stop and frisk suspects

Chimel v. California

States officers have the right to search anything in “arm’s length” but not the entire house without a warrant (Search Incident to a Lawful Arrest)

Carroll v. US

States officer must have probable cause to search the entire car

Carney v. California

States RVs and motorhomes do not need a search warrant like house

Nix v. Williams

Created the Inevitable Discovery Doctrine

Miranda v. Arizona

Created the Defendant's Rights

New York v. Quarles

Created the People Safety Doctrine

US v. Watson

Formal arrest and probable cause

Marbury v. Madison

Created the Judicial Review and no law can stand against the US Constitution

TN v. Garner

Overruled the Fleeing Felon Rule

Minnesota v. Dickerson

Create the Plain Feel

US v. Leon & Sheppard v. Massachusetts

Created the Good Faith Exception

Weeks v. US & Mapp v. Ohio

Created the Exclusionary Rule