CJ Midterm Ch's 5-6

Discretion

making decisions where there is room for interpretation

Factors that play into when and how discretion is used

Nature of the crime, relationship of the people involved, relationship between the police and and the subjects, race, ethnicity, social class, gender, age personal background, policy, community interest, citizen pressure, victim pressure and much more

Abuses of Power

Excessive use of force, and corruption

Corruption 

“Grass Eaters” – officers who except payoffs during routine police work. “Meat Eaters” – an officer who is actively using their power for personal gain (Ex: street justice, sexual favors, protect rackets)

Methods of Accountability

Internal affairs units, civilian review boards, standards and accreditation (MCOLES), civil liability lawsuits (Sued for a violation of civil rights),body and dash cams, social medias “cop watch”

4th Amendment 

prohibits/prevents the courts from using unreasonable searches and seizures (right to privacy)

5th Amendment

Right to a grand jury, protection against self incrimination, protection against double jeopardy

Search

anytime a person in position of authority want to look through your personal property/person

Seizure

taking something people, goods, property

Warrants

Need to be specific, need probable cause to obtain one, officer must swear on oath or affirmation, a reasonable amount of evidence needs to be present

Plain View Doctrine

Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be 

Reasonable Suspicion

a police officers belief, based on articulable facts that would be similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individuals reasonable expectation of privacy

Probable Cause

reliable information indicating that it is more likeli than not that evidence will be found in a specific location or that a specific person is guilty of a crime 

Exigent Circumstances

Where there is a immediate threat to public safety or the risk that evidence will be destroyed, officers may sear, arrest, or question, suspects without obtaining a warrant or following other usual rules of criminal procedure.

Stop and Frisks 

Police don’t need a warrant if they think the person poses an immediate danger or they are about to commit a crime

Special Needs

Warrantless searches are acceptable in certain contexts (airports, getting on the highway 4th of July weekend to make sure people aren’t drinking and driving)

Search Incident to a lawful arrest

warrantless search that takes place during an arrest to make sure there are no weapons around

Search by consent

Wantless search by permission

Automobile Searches

wantless search because the evidence is so mobile

The Exclusionary Rule

Evidence obtained without a warrant cannot be use in court