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Crim. Justice Chpt 5

Policing: Legal Aspects

Individual Rights Constitutional rights -Fourth; Fifth; Sixth; Eighth; Fourteenth -1960s Warren Court Due process -Search and seizure -Arrest -Interrogation
Search and Seizure Warrant & Probable cause The fruit of the poisonous tree doctrine Searches incident to arrest -Limited scope Good faith exceptions to exclusionary rule The plain view doctrine Emergency searches and entry Anticipatory warrants
Search and Seizure Arrests Free to leave test Arrest without a warrant -for Public safety Reasonable suspicion
Search and Seizure Searches Emergency searches of persons Warrantless Vehicle searches -Routine search for inventorying purposes -Fleeting targets exception -Probable cause Suspicion-less searches High-tech searches
Informants Warrant based on informant’s information Anonymous informants Informant’s identity is confidential
Interrogation Direct questioning of suspects Electronic recording Physical abuse Inherent coercion Psychological manipulation Miranda rights
Miranda Rights Extended to illegal immigrants Waiver of rights (silence doesn’t count) Inevitable discovery exception Public safety exception Third party conversation recording
Nontestimonial Evidence Physical evidence The right to privacy Bodily intrusion -A court order or a warrant is needed -Except for exigent circumstances
Electronic Surveillance A warrant issued upon probable cause Federal Communication Act Omnibus Crime Control and Safe Street Act Electronic Communications Privacy Act (ECPA) Telecommunications Act of 1996 USA Patriot Act of 2001
Characteristics of Digital evidence It’s not visible directly to human eye It may be transmitted instantaneously It may be easily altered or damaged It may be easily fabricated or duplicated It may be time sensitive and volatile
Integrity of Digital Evidence Identifying Collecting Preserving Analyzing
Created by: KyronCox