Chapter 7 Notes

Chapter 7 Notes - Sociology of the Criminal Justice System...

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Sociology of the Criminal Justice System – 3/01/11 Chapter 7: Police and the Constitution: The Rules of Law Enforcement The Fourth Amendment The Fourth Amendment contains two critical legal concepts: o Unreasonable searches and seizures o The requirement of probable cause to issue a warrant Probably Cause: o Any arrest or seizure is unreasonable unless supported by probably cause o Burden requires more than mere suspicion o Cannot be applied retroactively o Sources of Probable Cause: (1) Personal observation: use their training, experience, and expertise inferring probable cause (2) Information (from informants, witnesses, etc.) (3) Evidence (if it is in plain view) (4) Association: i.e. if someone with a known criminal background is located in a place where known criminal activity is taking place The Exclusionary Rule: o Prohibits the use of illegally obtained evidence in court The Fruit of the Poisoned Tree: o Additional evidence obtained by using illegally obtained evidence is also inadmissible Establishing the Exclusionary Rule
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o Weeks v. United States (1914) Exclusionary rule set forth from this case “Silver platter doctrine”: At this time, only applied to federal law enforcement officers (could use if obtained by state officer) o Rochin v. California (1952) “Shocked the conscience” standard established Exclusionary rule applied in cases with serious police misconduct o Mapp v. Ohio (1961) Eliminated the silver platter doctrine Applied exclusionary rule to both federal and state law enforcement officers Exceptions to the Exclusionary Rule: o Inevitable Discovery: if evidence that is gathered illegally would have been obtained to legal means eventually, it is admissible in court Brewer v. Williams (1977) Nix v. Williams (1984) overturned Brewer v. Williams o Good Faith Exception: if evidence is gathered illegally by the police officers but they are acting on a warrant that they believe to be valid but for some reason is not, it is admissible in court United States v. Leon (1984) Herring v. United States (2009) Stops and Frisks A stop is the brief detention of a person by the police for questioning o Requires reasonable suspicion that a criminal activity is about to take place A frisk is a pat-down or minimal search by police to discover weapons o Conducted for the protection of the officer
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Stops and Frisks are governed by: o Terry v. Ohio (1986) Made reasonable suspicion necessary o The “totality of the circumstances”: looking at all of the pieces of the puzzle together can determine whether there was reasonable suspicion Stops and Frisks cannot be instigated by: o Tips from anonymous informants o Racial profiling Arrests Arrest: taking a citizen into custody for the purpose of detaining him or her on a criminal charge o Requires probable cause The elements of arrest: o (1) the intent to arrest o (2) the authority to arrest (in some states, off duty officers are not allowed to
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This note was uploaded on 04/10/2011 for the course SOCL 3371 taught by Professor Raymandberranco during the Spring '09 term at LSU.

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Chapter 7 Notes - Sociology of the Criminal Justice System...

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