The Court System, Sources of Rights, Overview of the CJ System
What is the highest court in the NYS Court System?
What is the highest court in the NYS Court System?
NYS Court of Appeals
The concept of _________ can be defined as existing “when the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information sufficient in themselves to warrant a man of reasonable caution in the belief.”
Probable Cause
What is the exclusionary rule?
The Exclusionary Rule Defined - Any evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.
Reasonable suspicion is required for which TWO police actions?
Reasonable suspicion is required for STOP & FRISK
Which of the following may be searched after a valid arrest?
a. the body of the arrested person
b. the area of the arrested person’s immediate control
c. both a and b
d. none of the above
Which of the following may be searched after a valid arrest?
the body of the arrested person
AND
the area of the arrested person’s immediate control
If a court has the legal authority to hear a case, this means that the court has:
If a court has the legal authority to hear a case, this means that the court has: Jurisdiction
Name 2 Police actions that require probable cause?
Police Actions that require Probable Cause:
arrests
searches
seizures
stationhouse detention
What is the purpose of the exclusionary rule?
What is the purpose of the exclusionary rule? To deter police misconduct
To justify a stationhouse detention for fingerprinting or interrogation, officers must have ______.
To justify a stationhouse detention for fingerprinting or interrogation, officers must have PROBABLE CAUSE
In the absence of some justification, the overt display of police weapons during a stop may convert the stop into a/an:
In the absence of some justification, the overt display of police weapons during a stop may convert the stop into a/an:
ARREST
What is Criminal Procedure?
Criminal Procedure is the process followed by the police and the courts in the apprehension and punishment of criminals
Who determines probable cause when there is an arrest without a warrant?
Who determines probable cause when there is an arrest without a warrant? The Arresting Police Officer
If the police make an honest and reasonable error or mistake which violates the Fourth Amendment, the evidence may still be admissible under application of the ____________ exception.
If the police make an honest and reasonable error or mistake which violates the Fourth Amendment, the evidence may still be admissible under application of the good faith exception.
- Error committed by the judge or magistrate
- Error committed by a court employee
- Police erroneously, but reasonably and honestly, believed that the information was accurate
- Police reasonably believed the person who gave authority to enter the premises had the authority
When police detain a person during a stop longer than is reasonable, the stop becomes a/an:
When police detain a person during a stop longer than is reasonable, the stop becomes a/an:
ARREST/SEIZURE
In general, before serving or executing an arrest or search warrant at a residence, the officers must ____.
In general, before serving or executing an arrest or search warrant at a residence, the officers must KNOCK AND ANNOUNCE THIER PRESENCE AND INTENTION.
EXCEPTIONS:
◦When announcing presents a significant threat of danger to the officers.
When there is danger that contraband or other property sought might be destroyed.
If there is a “no-knock” search warrants.
What is a dissenting opinion in a case?
What is a dissenting opinion?
An opinion that disagrees with the holding (result) and the rationale of the majority
What are the 3 ways to establish probable cause?
1.Through an officer’s own knowledge of particular facts and circumstances
2.Through information given by a reliable informant
3.Through information plus corroboration by the officer
Which exclusionary rule exception applies when the prosecution can show that the police would later have found the evidence in question anyway using lawful means?
Which exclusionary rule exception applies when the prosecution can show that the police would later have found the evidence in question anyway using lawful means?
Inevitable discovery
A valid frisk may be converted into a valid search if, in the course of the frisk ,the officer's _________ makes it apparent that an item felt is contraband or a weapon.
A valid frisk may be converted into a valid search if, in the course of the frisk ,the officer's PLAIN TOUCH makes it apparent that an item felt is contraband or a weapon.
What are the four elements of a lawful arrest?
What are the four elements of a lawful arrest?
1. Seizure
2. Arrest Authority
3. Intention to Arrest
4. Understanding by Arrestee that they are being arrested
A plea of _______ has the same effect as a plea of guilty, except that it cannot be used against the defendant in a subsequent civil action involving the same event.
A plea of NO CONTEST has the same effect as a plea of guilty, except that it cannot be used against the defendant in a
subsequent civil action involving the same event.
What does the Court consider when evaluating information given by informants?
What does the Court consider when evaluating information given by informants?
- Reliability of Informant
- Quality of Information
- Credibility of Information
Assume that the police search Fred’s home without a warrant and in violation of the Fourth Amendment. At his home they find a key, which they recognize as being for a locker at the local bus station. They go to the bus station, find the locker, and open it, discovering a substantial amount of cocaine inside. Under what rule is the cocaine not admissible?
The fruit of the poisonous tree - the rule that secondary evidence deriving from such violations of Fourth Amendment is also excluded.
What Are TWO Suspect’s Rights while Being Detained at a Police Station?
What Are a Suspect’s Rights while Being Detained at a Police Station?
- Right to an attorney
- Right to remain silent
What are 3 instances where Police can arrest someone without a warrant.
1.Felonies & Misdemeanors Committed in the Presence of Officers
2.Crimes Committed in Public Places
3.When Exigent (Emergency) Circumstances Are Present
◦Possibility of disappearance
◦Hot pursuit
4.When There Is Danger to the Officer