The U.S. Constitution
the primary source of all individual rights and provides for a system of checks and balances among the legislative (Congress), executive (presidential), and judicial (U.S. Supreme Court) branches of government.
Bill of Rights
designed to protect citizens against abuses of police power
Constitutional Amendments of special significance to the American System of Justice
- The right against unreasonable searches and seizures (fourth amendment)
- The right against arrest without probable cause (fourth amendment)
- The right against self-incrimination (fifth amendment)
- The right against "double jeopardy" (fifth)
- The rig
Due process
a foundation of individual rights that derive from the Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. The essence of these rights mandates that the criminal justice system respect the rights of accused individuals throughout the crimina
The Fourth Amendment
States that citizens must be secure in their homes and in their persons against unreasonable searches and seizures.
- exclusionary rule
Searches and seizures
for these to be reasonable, the language of the Fourth Amendment requires a warrant issued based on probable cause. No citizen or their property can be searched or seized (a seizure of a person is an arrest) without a warrant based on probable cause
exclusionary rule
requires that incriminating evidence must be seized according to constitutional due process requirements, or the evidence will not be allowed in a criminal trial
fruit of the poisonous tree doctrine
closely related to the exclusionary rule, is a legal principle that excludes evidence from being admitted at trial that was obtained as a result of an illegal search or seizure.
Police officers must pay close attention to how they gather evidence.
Fourth Amendment: Exceptions
- Searches Incident to Arrest
- Plain View Doctrine
- Emergency Searches
- Arrests
- Vehicle Searches
- Suspicionless Searches
Searches incident to Arrest
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer. Because individuals placed under arrest may be in possession of weapons, courts have recognized the need for arresting officers to protect themselves b
Plain View Doctrine
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 the evidence in plain view, officers must have
Emergency Searches
A search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence.
Arrests
Warrantless arrests based on probable cause following the questioning of a suspect are permissible. Other permissible warrantless arrests include those made when an officer comes upon a crime in progress and those situations involving felony offenses when
Vehicle Searches
A warrantless search of a stopped car is valid if it is based on probable cause.
Suspicionless Searches
A search conducted by law enforcement personnel without a warrant and without suspicion. Suspicionless searches are permissible only if based on overriding concern for public safety.
Miranda Warnings
The most well-known individual rights derive from the U.S. Supreme Court's ruling in Miranda v. Arizona (1966). The case involved the interrogation, confession, and eventual conviction of a man accused of raping a young girl.
Th Supreme Court ruled that
Miranda Warnings: Exceptions
Adult Rights Warning and Waiver of Rights
Adult Rights Warning
Suspects 18 years old or older who are in custody must be advised of their Miranda Rights before any questioning can begin.
These following rights must be listed:
1. You have the right to remain silent.
2. Anything you say can be used against you in a cou
Waiver of Rights
After reading and explaining the rights of a person in custody, an officer must also ask for a waiver of those rights before any questioning. The following waiver questions must be answered affirmatively, either by express answer or by clear implication.
Special Kinds of Nontestimonial Evidence
any evidence that is not provided through the testimony of witnesses. Physical evidence such as guns, documents, and fingerprints can be nontestimonial evidence.
Examples of Nontestimonial Evidence:
- Ingested drugs
- Blood cells
- foreign objects
- medical implants
- human DNA
- guns
- documents
- fingerprints
The Electronic Communications Privacy Act (ECPA)
an act passed by Congress in 1986 and formally extablished the due process requirements that law enforcement personnel must follow to legally intercept communications involving the human voice.
The ECPA essentially requires that officers obtain a court or
Fourth Amendment
- Plain view doctrine
- suspicionless search
- search and seizure can be conducted only with probable cause
Fifth Amendment
- Protection against self-incrimination and the Miranda warning
- waiver of rights
- public safety exception
Sixth Amendment
- Habeas corpus waiver in international terrorism cases
- A citizen must be availed of a speedy trial, be able to confront witnesses, and has the right to legal counsel
interrogation
the information-gathering activity of police officers that involves the direct questioning of suspects
Concerning informants, which of the following is part of the test established in Aguilar v. Texas?
There is reasonable belief that the informant is reliable
Tennessee v. Garner specified the conditions under which
deadly force could be used to apprehend a suspected felon
A writ of certiorari
allows appellate courts to review the record of a lower court case
Whether the crime involves attacks against computer systems or the information they contain or more traditional offenses like murder, money, laundering, trafficking, or fraud, _________ evidence is increasingly important
electronic
In Illinois v. Gates the court held that ______ exists when "there is a fair probability that contraband or evidence of a crime will be found in a particular place.
probable cause
Historically, officers were allowed to use deadly force to prevent the escape of a suspected felon. This was known as the
Fleeing Felon Rule
To elicit a confession, police departments cannot hire professionals skilled in the art of psychological manipulation because of the decision in the case of
Leyra v. Denno
The courts have supported drug testing of police officers based on ______ that drug abuse is occurring
a suspicion