CJS101 Chapter 8

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Created by:

Beckirobertsx  on November 18, 2011

Subjects:

criminal justice

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CJS101 Chapter 8

The arrest powers of police include
the power to search
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Terms

Definitions

The arrest powers of police include the power to search
The investigative powers of police include the power to detain
the 4th ammendment protects citizens from unreasonable search and seizure
unreasonable searches and seizures in constitutional terms are those that are not justified by the apparent facts
probable cause refers to facts or apparent facts that are reliable and generate a a responsible belief has been commited
if a citizen suffers an unlawful arrest the citizen can institute a civil suit against the arresting officer
the final decision in terry v. ohio held that when a police officer observes unusual conductand suspects a crime has been commited he or she may frisk a suspects outer clothing for dangerous weapons
random spot checking of automobiles is offically used by police officers as a form of proactive control
although warentless search of a premiss is limited by 4th ammendment interpretations, it is premitted under certain condtitions when the person controlling the area in question gives consent to search
the 4th ammendment does not protect chromosomes against searches and seizures by private nongovernment individuals
according to the plain view doctrine whatever a police officer sees in plain view when the officer has a right to be where she is is not the subject of a search and is therefore admissible as evidence
the plain view doctrine has been materially broadened by the protective sweep doctrine
involuntary confessions are prohibited by the 5th ammendment
the assitance of counsel is guarenteed by the 6th ammendment
the intent of the prompt arraignment rule in both sanctuary law and supreme court decisions is to place a check against police 3rd dgree practices during interrogation
the decision in Escobedo V. Illinois held that when an investigation becomes acusatory and its purpose is to elicit a confession, the acused must be premitted to consult with an attorney
the escobedo decision required that the acused be permitted to have an attorney present at interogation
the right to remain silent is part of miranda warning rules
the miranda warnings must be recited to a subject prior to custodial interogation
in a police show up the victim or witness assits the police artist in reconstructing a likeness of the subject
the search warrant is issued by the magistrate
police powers are generally divided into two categories investigative and arrest powers
the supreme court has held that motorists may be stopped with probable cause or as part of a spot checkin which all motorists are being stopped
when persons give consent to be searched the waive right to protection from unreasonable search and seziure
the obnibus crime control and safe streets act of 1968 included a provision reguarding electronic easedropping that authorized federalwiretaps and other easedropping devices only though warrants approved by the attorney general and his assitant
protection against illegal search and seizure is guarenteed by the 4th ammendment
under the protective sweep doctrine when an arrest is executed law enforcement officers may conduct a search for others who may threaten the officers saftey and destroy evidence
the eclusionary rule is a general doctrine that prohibnits the use of evidence obtained in searches that violate the 4th ammendment protecction against illegal search and seizure
in the us V. Ross, decided in 1982 the high court held that where police have probable cause to search a motor vehicle,the may do so provvided the search is limited to the passanger compartment of the vehicle
in Illinois V. Lafayette the supreme court ruled that invetory searches are a violation of the 4th ammendment
the fruit of a poisonus tree deals specifically with tainted evidence
Minesota V. Dickerson established the plain feel doctrine. Which is? an object a police officer dectects on a suspectts person during the course of a valid protective frisk under terry v. ohio may be sseized without a warrant
in 1976, the supreme court held that when police have custody of a lawfully impounded automobile, they do not need a warrant or the owners consent before routinley inventoring items left in plain view in the glove compartment. What is this called this is called inventory exception
the protective sweep doctrine has expanded the plain view doctrine considerably
dna testing has been especially useful in rape cases

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