Unit 5 – Police Roles and Functions .1 What is the 4 th Amendment? - 4th Amendment - protects us against an unreasonable search and seizure .2 What is the 5 th Amendment? - 5th amendment - Self-incrimination and Due process .3 What was the case of Terry v Ohio? - Reasonable Suspicion - Stop and frisk/request personal identification - Public safety .4 What is inevitable discovery? - a doctrine in the United States criminal procedure that allows evidence of a defendant's guilt that would otherwise be considered inadmissible under the exclusionary rule to be admitted into evidence in a trial. - Inevitable-discovery exception means that evidence, even if it was otherwise gathered inappropriately, can be used in a court of law if it would have invariably turned up in the normal course of events. - Inevitable Discovery Exception allows into evidence illegally seized items that would have been discovered lawfully anyway. This exception allows evidence to be admitted, even though it was seized in violation of the Constitution. .5 What is Fruit of the poisonous tree? - Any evidence obtained indirectly from a constitutional violation – is also inadmissible in court - Fruit of the poisonous tree doctrine is a legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure. - .6 What is the plain view doctrine? - its objects that fall in plain view of an officer who has a right to be in a position to have that view; may be introduced in evidence. - Police officers have the opportunity to begin investigations or to confiscate evidence, without a warrant, based on what they find in plain view and open to public inspection. - Most evidence seized under the plain-view doctrine is discovered “inadvertently”—that is, by accident. - Harris v. U.S. (1968) Police officers have the opportunity to begin investigations or to confiscate evidence, without a warrant, based on what they find in plain view and open to public inspection. - Plain view is a legal term describing 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. To lawfully seize evidence in plain view, officers must have a legal right to be in the viewing area and must have cause to believe that the evidence is somehow associated with criminal activity.
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- Fall '12
- Supreme Court of the United States, Fourth Amendment to the United States Constitution, Miranda, Miranda v. Arizona