What type law governs all stages of the criminal justice process including court procedures, such as rules of evidence, and police procedures such as search and seizure, arrest, and interrogation? Procedural Law b. Under the rules of evidence, what happens when police improperly collect evidence? It can be declared inadmissible. C. Explain the exclusionary rule and list the 6 major cases that define the rule. The exclusionary rule is a rule that prohibits the use Of evidence or testimony obtained in violation of civil rights liberties and rights protected by the U.
S. Constitution. The 6 major cases are Weeks vs.. United States, Silversmiths Lumber co. vs.. United States, Wolf vs.. Colorado, Map vs.. Ohio, Hudson vs.. Michigan, Herring vs.. United States. D. Describe the fruit of the poisoned tree doctrine. It is another rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search. How did it get its name? It comes from the analogy that if a tree is “poisoned” then the “fruit” of the tree will also be poisoned. E.
Write the Fourth Amendment to the Constitution. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath of affirmation, and articulacy describing the place to be searched and the persons or things to be seized. F. What is the requirement that allows for evidence discovered in plain view to be admissible in court? The police officer had the legal right to be where he or she was.
Name the Supreme Court case that established this ruling. Harris vs.. United States g. Carroll v. United States allows for the search off vehicle without a warrant. What are the conditions that must be met before the search is admissible? A police officer has probable cause to believe that a crime has occurred. And the circumstances are such that delay in searching the automobile would result in loss of evidence. G. What is the “pat-down doctrine? ” The right of the policed to search a person for a concealed weapon on the basis of reasonable suspicion.
Cite the Supreme Court case allowing this. Established in Terry vs.. Ohio. H. Describe the fleeing felon doctrine. What are the requirements? The practice of using deadly force against a fleeing suspect is illegal unless there is clear and present danger to the public. I. What are the requirements for a confession to be admissible in court? The confession must be given knowingly and not as a consequence of lies or deception. The suspect must be informed of his or her rights. The confession must be voluntary’.
Confession may not be obtained through threats. Confessions may not be obtained through use Of pain or constructive force. J. List the five Miranda Warnings that police must provide to suspects. You have the right to remain silent. Anything you can be used against you in a court of law. You have a right to a lawyer and to have a lawyer present when you are being questioned. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning.
If you answer any questions now without a lawyer here, you still have the right to stop answering questions at any time. K. What are the conditions under which police can initiate an arrest? With an arrest warrant issued by the court. When they observe a violation of the law. Under exigent circumstances, that is, circumstances in which less immediate action is taken by the police the evidence may be destroyed or the suspect escape. When they have probable cause to believe that someone has committed a crime, only when the crime is a felony.
Critical Thinking Exercise Read the Here’s Something to Think About… On page 89 Of your textbook. Answer the question at the end of the article. Support your answers and submit them to your instructor. I believe that the federal government should be responsible for policing misconduct. There are a lot of instances you hear about that the local authorities are corrupt and have the good ole boy program. The government has always been more by the book in most cases.