Exclusionary rule:

Case to first use

Case to apply to states 

amendment 

prohibits use of evidence or testimony obtained in violation to Constitution 

weeks vs us

mapp vs ohio

4th 

Weeks vs US

exclusionary rule

evidence obtained through search w/out warrant- violates 4th amendment 

silverthorne lumber co vs US

applies exclusionary rule to secondary evidence 

required states to use exclusionary rule

first case in which exclusionary rule was applied to state courts 

search warrant-

what amendment

two ways to get 

4th

judge or probable cause 

in rooms occupied by person

limited to area within immediate control of the person

stuff found within reach of person or under seat or cushion they're on 

plain view searches-

what case 

evidence in plain view is admissible in court if the officer had legal right to be where they were

harris vs US 

carroll doctrine-3 things

case 

evidence obtained in the search of an automobile w/out warrant is admissible in court if:

officer has probable cause to believe a crime occurred

delay in searching vehicle would result in loss of evidence

officer had probable cause to stop vehicle

carroll vs us 

pat down doctrine-

case 

can search a person w/out probable cause but with reasonable suspicion

conducted to ensure safety of officers

can take out if they think its a weapon

if feels illegal but not weapon, cant take out

terry vs ohio 

racial profiling-

what state passed law to record race of people stopped? 

stopping of persons by color based on that fact instead of reasonable suspicion or probable cause

north carolina 

wiretapping- bootleggers

telephones werent included in right of privacy

reversed in Katz vs US 

telephones weren't protected by right of privacy

agree-

reversed- 

olmstead vs us

katz vs us 

fleeing felon doctrine-

case made illegal in-

when used? 

police using deadly force against a fleeing subject

tennesse vs garner (illegal search/seizure w.out warrant)

used when there is clear and present public danger 

right to have attorney when accused of criminal charges

indigent defense- state provides attorney if can't afford one 

indigent defense-

case-

state provides attorney if can't afford one

gideon vs wainwright 

miranda rights

case 

interrogating outside of miranda-

case- 

interrogating twice...once before and once after read rights

missouri vs seibert 

confessions given freely

third party confession 

entrapment-

case 

arrest cannot be contingent when police provided motivation and means for the crime

jacobson vs us 

suspected members of communist party

people protesting against Vietnam War

civil rights protesters 

internal affairs-

what investigates? (3)

why? 

detective unit within police department

violations of department rules

citizens' complaints of police conduct

criminal wrongdoing by police

in resonse to the call to upgrade police professionalism 

composed of civilians with the power to inquire into alleged police misconduct

gives citizens more involvement than internal affairs units 

english version of bill of rights

due process for great britain

limitations on king 

father of modern policing

london metropolitan police act

developed system of paid magistrates and constables

reactive crime fighting and prevention

bobbies 

former military personnel

blue uniforms instead of military's red

unarmed and expected to engage with community

blue devils 

citizens assume the role and responsibility of official law enforcement agencies

act independently, without due process and rights

take justice into their own hands 

national expansion, discovery of gold, strong sense of self-importance

none of the historical models of policing applied

justice was quick, brutal or nonexistant 

passed after civil war

restricted former slaves from any occupation other than farmer/servant unless they paid taxes

prohibited from renting land

no interracial marriage 

separate but equal doctrine-

case?

what case declares it unconstitutional? 

allows racial segregation

plessy vs ferguson

brown vs board of education 

august vollmer-

emphasis on-

credited for what technology 

father of american policing

emphasis on education, professionalism, and administrative reform

credited for use of automobiles and radios in police cars

developed three year training curriculum for officers

adopted use of typewriter to fill out reports

surveyed other departments 

municipal

county

state

special

federal 

equal employment opportunity

prohibited hiring based on gender, race and religion 

white collar policing-

what style of wilsons does it reflect 

emphasizes education

upper-middle class values

reflects legalistic 

college towns 

emphasizes physical interaction and expression

reflect values of lower-middle class

big city and industrial based 

political

progressive

reform

protest 

1840-1900

police were far less independent of municiple governments and politics

little discussion of police professionalism

corruption, abuse of power, incompetence 

1900- 1930

august vollmer

professionalism

FBI became international- J edgar hoover 

1930-1960

technology-car and radio

independent, professional, centralized

thin blue line 

1950s

racial segregation, vietnam war, civil rights

police violence

community policing came out of this and replaces traditional policing 

decentralized

problems solved by lowest ranking persons

would require extra training efforts

shift in viewpoints may be difficult

crime displation instead of elimination

minority communities 

scanning

analysis

response

assessment

problem solving 

military personnel who are not armed at the time of the incident or not on duty

civilians 

greater reliane on federal government and use of military

criminal justice system was seen as inadequate to fight terrorism

new powers for federal agencies

formation of new federal agencies

suspension of certain civil rights of accused terrorists 

DHS-

how many agencies and employees

reorganization (3 tasks) 

newly created federal agency responsible for wide range or security measures to protect against terrorist attacks

22 agencies, 180,000 employees

increase preparedness

strengthen border security and reform immigration process

harden transportation security 

with adjacent jurisdiction

between local/state and federal governments

between states 

requires state drivers licenses to conform to uniform standards set by DHS

eliminate the ability of illegal immigrants to obtain drivers licenses

potential threat to civil liberties 

4th ammendment-

 case example

unreasonable searches and seizures

mapp vs ohio 

5th amendment

case example 

no self incrimination

no double jeopardy

due process required

grand jury indictment

miranda vs arizona 

6th amendment

case example 

speedy and public trial

impartial jury

fair trial

counsel

powell vs alabama 

8th amendment

case example 

no excessive bail

no excessive fines

no cruel and unusual punishment

robinson vs california 

uniform crime report

issued by FBI

monitors index crimes 

national crime victimization survey

surveys households 12+

done by department of justice

tracks crimes not reported to police 

murder

forcible rape

robbery- taking forcefully

aggrivated assault- weapons or serious injury

arson

larceny- theft

motor vehicle theft

burglary- breaking and entering 

us vs leon

massachusetts vs sheppard 

sheriff-

jurisdiction

three major responsibilities 

chief law enforcement officer of the county

deputy sheriffs are appointed to helo

county jurisdiction

law enforcement duties

officers of the courts

operating the county jail 

police-

how many agencies

jurisdiction

4 duties 

12,000 agencies

city limits jurisdiction

authority to enforce city and state laws based on common law

chief of police is appointed

patrol

detective services

support services

order maintenance 

state patrol

jurisdiction

three types 

enforce traffic laws and investigate criminal activity

state boundaries

traffic enforcement

general criminal investigation (statewide crimes)

special investigation 

military

civilian

indian tribal 

watchman

service

legalistic 

emphasizes order maintenance, police discretion and diversion

community expects police to maintain order but not intrude much in civilians lives

police seen as private security force for the city

homogeneous communities 

emphasizes community service and social service over crime fighting activities

community expects police to demonstrate service and helpfulness 

emphasizes the role of police as crime fighter and rule enforcer

minimizes discretion of the police officer and transfers the discretion to courts and prosecuting attorney

police are fair, unbiased, competent rule enforcers

heterogeneous communities 

Domestic terrorism

three most common acts 

militias and extremist groups- KKK, Timothy McVeigh

single-issue extremist groups- anti abortion groups, Eric Robert Rudolph

ecoterrorism- earth liberation front (ELF), animal liberation front (ALF)

international terrorism

state sponsored groups, international terrorist organizations, looesly affiliated extremist groups

al qaeda

creates more widespread fear and disruption 

solicitation- urging someone else to commit the crime

conspiracy- two or more people take steps in preparation, communication

attempt- incomplete criminal act 

alibi

consent

entrapment

immunity

inoluntary action

mistake or ignorance

necessity

self-defense

youth

insanity 

focus primarily on the needs of crime victims

provide the right to timely notice of any public proceeding involving the crime

right to know of the release or escape of the offender

right to timely claims to restitution 

statutory rape

parking ticket