Police Exam 2

articulate

having the ability to speak/write affliently and coherently

what is the criminal justice system based on

bill of rights, constitution, us supreme court, exclusionary rule

bill of rights

five of the first ten amendments address freedoms or rights that apply when involved with the criminal justice system 

14th amendment 

due process clause protects all citizens of the U.S. against any state depriving them of life, liberty, or property except for the legal processes guaranteed by the U.S. constitution 

why was exclusionary rule established by the supreme court?

to punish and control cops

what is a search warrant

an order from a court, issued by a judge, authorizing and directing the police to search and directing the police to bring that property to court 

general rule

obtain a search warrant prior to any search and seizure

consent searches

must be oral, must be voluntary

plain view evidence

unconcealed evidence inadvertently seen by an officer engaged in a lawful activity

when should a person be read their miranda rights

in police custody and prior to being interrogated

weeks v. united states 1914

create exclusionary rule 

Rochin v. California

entered his home without warrant and he took the morphine capsules and they had to pump his stomach to get the pills removed 

mapp v. ohio 

detectives walked into her house without a warrant and wouldn’t show it to her — applied exclusionary rule to the states

silverthrone lumber v. US

evidence obtained without federal participation could be used by fed in federal prosecution 

silver platter doctrine

federal prosecutors were allowed to use tainted evidence obtained improperly by state police officers

Terry v. Ohio 

suspected they were planning a robbery, and patted them down (frisk) their outer clothing.He found a gun on Terry and another man.Terry was charged with carrying a concealed weapon.

stop and frisk

only if you have suspicion of a weapon

chimel v. california 

search defendant and area immediately around defendant for purpose of preventing injury to officer and destruction of evidence 

exceptions to warrant requirements

prevent escape, prevent harm, prevent destruction of evidence

Brown v. Mississippi

beating obtained to get confessions

impact of exclusionary rule

results in evidence being excluded in less than 1% of all cases studied

reverend williams

interrogation includes direct questioning about a crime

Robert Williams 

killed a 10 year old girl, and they interrogated him without his lawyer present 

Nix v. Williams 

argued that the evidence should be excluded because it was obtained through an illegal interrogation (it was a body) 

Inevitability discovery

questions likely to elicit an incriminating response from the suspect

dickerson v. united states 

confessions need to be voluntary and did not require the 4 miranda warning 

eyewitness identification

great for prosecution — very convincing, very unreliable

lineups

suspect placed with group of similar people (after arrest)

photo arrays 

photos of suspects (not in custody) used prior to arrest 

reporting crime

UCR and national crime victimization survey

actus reus

act

mens rea

intent

most criminal laws require

actus reus and mens rea

strict liability 

mens rea (intent) does not have to be proven in relation to the actus reus (act) 

strict liability crimes

drunk driving, manslaughter, accidental murder

exclusionary rule

evidence seized in violation of the constitution cannot be used in court against a defendant 

fruit of the poisonous tree

any evidence that results from an illegal search cannot be used in criminal proceedings

when can an officer make an arrest

when they have probable cause, and any crime is committed in front of them

probable cause 

evidence that may lead a reasonable person to believe that a crime has been committed and that a certain person committed it

reasonable force

amount of force necessary to overcome resistance by the person being arrested by the police 

traffic stops 

allowed if based on reasonable suspicion that a crime has been committed or a traffic violation has occurred 

carroll v. us

stated that a warrantless search is justifiied because of the mobile nature of the car

4th amendment 

protects people’s privacy by limiting the power of the government especially police to search and seize property or evidence without justification.

5th amendment

protects individuals’ legal rights and fair treatment under the law. It prevents abuse of government power in legal proceedings.

6th amendement

guarantees fairness and transparency in criminal trials. It ensures that anyone accused of a crime has the tools and protections to defend themselves.

8th amendment

protects people from unfair, harsh, or excessive treatment by the criminal justice system — especially after conviction or during detention.

fighting corruption

internal affairs and random drug testing

Rodney King Case

black motorist that was severely beaten by the LAPD after a high speed car chase

The Christopher Commission

Special independent panel created to investigate what went wrong with Rodneys case and within the LAPD

NCIC

national crime information center operated by the FBI

VICAP

violent criminal apprehension program — info on unsolved homicides

Mug Shot Imaging

digitizing pictures on computer to be retrieved at later time

AFIS

automated fingerprint identification system

STRESS

stop the robberies enjoy safe stress

Mini Stations

small police outposts — store fronts and projects

Broken Windows (Flint and Newark)

when foot patrols were reinstituted, the fear of crimes in the neighborhoods was significantly decreased

CAD

computer aid dispatch — location, name, history

SWAT

do not make decisions on WHEN they are used

private security services

duty to protect concerns of business and the law

Why do business owners have private security

to protect when there is foreseeable risk of crime and they have failed to act — customers fear of crime

fleeing felon doctrine

an old legal rule allowing police to use deadly force against fleeing felony suspects

Gardner v. Tennessee

supreme court ruled that officers cannot use deadly force (shooting) on a suspect if they are fleeing the scene

1983 Suits

a civil lawsuit that allows individuals to sue government officials for violating constitutional rights while acting under color of law

Blue wall of silence

police officers protect each other by not speaking to supervisors or other law enforcement officials investigating police misconduct 

patrol design

determine number of units needed, policies to dispatch and redeploy

omnipresence

if police patrols are highly visible and seem to be everywhere, crime will be deterred because offenders think they’re likely to get caught

Kansas City Study

increasing visible police patrol to create omnipresence did not significantly reduce crime, challenging the idea that random patrol deters crime

terrorism

unlawful use of force or violence against persons or property to intimidate or coerce a government

domestic terrorism

groups or individuals who operate without foreign direction within the united states and target elements of the US government

counterterrorism

efforts to combat — major role of FBI

security survey: target hardending

making a target (place, person, or object) more difficult to attack or victimize.

when are detectives used (type of crime)

only serious/ complex crimes

surveillance

use of tools and technology (ex:GPS)

differential response to calls

reactions depend on type of community and resources

affirmative defenses

defense of a charge against you (self defense)

community policing

partnership-based, problem-solving approaches that emphasize trust, prevention, and collaboration with communities.

show ups

bringing the suspect back to the scene and possibly identified by victim

tort

wrongful act

detective mystique

the idea that detective work is glamorous, exciting, and dangerous

Bonaparte

was the first FBI president before he quit

what do detectives do

conduct follow ups, interrogate suspects, arrest alleged perpetrators

decentralized

each precinct has its own local squad which handles all crimes that occur in that geographic area

centralized

all detectives operate out of one central office and are responsible for a particular type of crime in the entire city

undercover investigation

an officer assumes a different identity to obtain information or achieve another investigatory purpose

predictive policing

application of crime analysis, data analysis to identify targets for attention

decoy operations

playing role of potential victim

shrinkage

difference between inventory at the beginning of the year and at the end of the year

internal intelligence program

undercover agents put into a company business

entrapment

inducing an individual to commit a crime they did not contemplate

Brown v. Board of Education

U.S. Supreme Court case that declared racial segregation in public schools unconstitutional

directed patrol

specific directions to follow, specific crimes

split force patrol

calls for service, directed patrol

rapid response

importance of call determines response

aggressive patrol

stopping numerous people and vehicles in an attempt to find evidence of a crime

saturation patrol

large number of uniformed officers is assigned to a particular area to deal with a particular crime

mass murder

kill 4 or more people at once