: 9/22/10
homework 2 page paper, pick any topic we have covered and explain why I m most interested in it double spaced, no more than 2 pages, APA format t i tle page: name of paper, my name, middle of page: ti tle of class, his name, date reference page, citations to reference must be in APA format overall impact of Mi randa v. Arizona - better for sure 2 types of searches: with warrant, without warrant judge issues warrant judge = magistrate warrant: wri t ten ORDER from the court telling you to do w/e i t says
explain the fruits of a poisonous t ree in legal terms: - evidence obtained illegally - apples are the evidence, but if you obtain the apples illegally, i t makes the t ree poisonous and cant be used wri t a warrant basically to get something, not arrest someone the exclusionary rule: any evidence obtained illegally (doesnt matter what i t is) is inadmissible (cant use) or tainted evidence admissible example: chain of custody log a t crime scene evidence has a log of w hat time, who got it, etc. t he evidence HAS to be in the log if you are examining evidence and you leave for 45 seconds i t has been out of your custody and IS INADM ISSABLE CANT
U SE even if its the only piece of evidence to put a child m urderer away couldve been tampered wit h even just a few seconds CARE CUSTODY AND CONTROL If you arrest someone, you as the law enforcement officer is now responsible for the evidence Example: officer arrests someone driving drunk car goes to impound lot VERY specific impound sheets saying exactly how it was r ight t hen While looking in the car: you find huge bags of drugs werent looking for t hem on purpose, no probable cause can you charge him for possession with intent to sell? They have r ight to inventory, not search Now that youve come across evidence, can you charge them? Search incident to a lawful ar rest i f you have to do inventory, i ts a llowed similar to exigent circumstances. Allowed if you just come across it Example: guy ran a stop sign and has warrants out. Youre going to arrest h im, you pat him down and find lipstick shaped thing full of cocaine - you were basically just doing an inventory of i tems, admissible - also: TERRY V. OHIO officer has r ight to do pat-down of anyone think they could cause them harm o has r ight to also check wherever driver could reach in car (not locked glove-box) and get weapon, if there are passengers i n the car theyre allowed to look wherever the passenger could reach as well o have to file an incident report every time and state WHY t hey felt it necessary to do that search Example: officer gets call to supermarket manager says a guy has been walking around for 2 hours and thinks hes about to steal. Officer goes over and asked for his id and gave him a pat-down and found a steak in his pants A DM ISSABLE (search incident to a lawful arrest)
Dont have to verbally say youre going to give them a pat down because of lag t ime the t ime it takes to react to an act ion Courts recognize this and say you dont have to announce what youre doing as long as its legal EXCEPT if its a warrant search you have to t ell them youre t he police On m isdemeanor warrants: cant do anything to force ent ry into the house On felony warrants: can forcibly enter the house Example: Scream ing woman in apartment, officer goes to help. Go down hallway and see child pornography on wall. If it was in a desk drawer INAD M ISSIBLE because a scream ing woman cant hide in a desk drawer youre there to find scream ing woman
If youre invited into one room of the house, doesnt mean you are
i nvited to every room in the house. Only person who can tell you no you cant come in is person in care, cont rol and custody of house Te r ry Search : pat-down search, you are allowed to touch the outside of clothes to feel for a weapon. If you find contraband while legally doing ter ry search i ts legal to use o Never need a warrant
Can NEVER EVER allow a canine to search a person * * *Canine is basically a judge signing a warrant if they sniff someone you dont tell them to you have the r ight to search person Canine can never bite unless 1) if the handler (officer) is assaulted 2) Dog handler gives the command to bite when use of in termediate level force is justified * Hu r ting a canine is a felony basically like striking officer
Use of force levels: Basic verbal I n te rmediate laying hands on someone, pepper spray, strike with baton, not likely to cause death D eadly shooting. In tent to kil l