exam 4
which of the following would be characterized as meaningful interference with an individual possessory interest in that property?
seizure
which of the following pertains to taking private property in a criminal investigation?
seizure- the confiscation of ones persons (arrest) or property by a government agent
Kentucky vs. King
- Exigent circumstances - Police can create an exigent circumstance (even on accident)- in this event, a warrant is not required for seized evidence to be admissible in court
arrest
-a significant deprivation of liberty, physically taking someone into custody -Usually arrests are longer than stops but not necessarily -Arrest are types of seizures (can take longer than stops)
Stop
-brief interference with a persons freedom of movement with a duration of a few minutes; must be based on reasonable suspicion -Traffic stop -Legally cant leave
search
-government agent looking for evidence that intrudes upon a person's reasonable expectations of privacy -Examination of and hunt for evidence in or on a person or place -Includes only those things that a person seeks to preserve as private
seizure
-when not free to leave, officers assert authority to halt someone's movement or deprive their freedom -Any use by the police to deprive people of their liberty or property -With respect to people, seizure occurs when the person is not free to leave
Which of the following is NOT an example of suicide by cop?
A suspect who was caught up in the heat of the moment and did not think about his physical survival at the moment he made a fateful decision which, in turn, led to his death by the police.
Which of the following categories would manhandling the suspect more than necessary for the situation fall under?
Abuse of authority
what would a doctrine that limits a search immediately following arrest to the area within the immediate control of the person arrested be called?
Arm-span rule- The arm span rule is a doctrine established by the U.S. Supreme Court that limits a search incident to (i.e., immediately following) arrest to the area "within [the] immediate control" of the person arrested—that is, the area from within which he or she might have obtained either a weapon or something that could have been used as evidence against him or her.
Riley v. California
Cannot search cell phones without warrants
A police officer is answering to accusations of him threatening a witness with charges if he did not identify a suspect correctly. Maurice Punch would identify this type of corruption as _______.
Combative corruption- Combative corruption refers to making arrests, gaining convictions, and ensuring lengthy sentences at whatever the cost and may be among the most common forms of police misconduct.
A police officer knows a suspect is dealing drugs but doesn't find any so he quietly slips a baggie of drugs into the suspect's shoe. Maurice Punch would identify this type of corruption as _______.
Combative corruption-. Combative corruption refers to making arrests, gaining convictions, and ensuring lengthy sentences at whatever the cost and may be among the most common forms of police misconduct.
A legal settlement in which one entity agrees to take certain actions or rectify a particular problem without admitting to any illegality is called _______.
Consent decree-. A consent decree is a legal settlement in which one entity agrees to take certain actions or rectify a particular problem without admitting to any illegality. Consent decrees are sometimes used in law enforcement following corruption scandals; a decree requires the police department to fix a particular problem and/or end a particular course of action.
Which of the following would be characterized as illegal payments for services performed, according to the types of police misconduct related to money?
Kickbacks- Kickbacks are illegal payments for services performed.
Less-lethal weapons are designed to do all of the following except:
Kill a suspect
An adolescent who drinks alcohol and steals from stores is taken in by police. The behavior is labeled as which of the following?
Deviance- Deviance is a broad term that applies to any behavior that is at odds with socially expected or accepted behavior
Which of the following is included in Kappelerʹs drug-related police corruption scheme?
Economic corruption- Drug-related police corruption in which an officer seeks personal gain by stealing drugs, selling drugs, or extorting money from drug dealers is known as economic corruption.
Weeks v. US
Established exclusionary rule, evidence gotten without a warrant isn't admissible in a federal court
When a police officer removes a speeding ticket from the database, what is this called?
Fixes- Fixes occur when police officers fix a speeding ticket or other infraction or charge—that is, remove it from someone's record. Examples of ticket fixing are commonplace.
typologies of police deviance
Forces of deviance: understanding the dark side of policing
You own a donut shop and often provide police officers with a free morning cup of coffee. What is this an example of?
Gratuity-Gratuity refers to something of value that is freely given to police officers simply because they are police officers. Examples include a cup of coffee, a lunch, or a "police price" discount on a meal or other service.
when police have probable cause to believe that a person they are chasing has committed a crime and is on the premises entered, upon what is the search based?
Hot pursuit- The hot-pursuit doctrine provides that police officers may enter the premises where they suspect a crime has been committed or a perpetrator is hiding without a warrant when delay would likely endanger their lives or the lives of others and possibly lead to the escape of the alleged perpetrator.
Roger, a convicted felon, attempts to escape from prison. To prevent him from escaping, a prison guard tries to temporarily incapacitate Roger by firing a foam rubber bullet at him from a 12-gauge shotgun. Which of following less lethal weapons is used by the prison guard in this scenario?
Impact munition- The prison guard used an impact munition to prevent Roger from escaping. Impact munitions are designed to stun or otherwise temporarily incapacitate a suspect or a dangerous individual so that law enforcement officers can subdue and arrest that person with less risk of injury or death to themselves and to others.
What was the historical ʺfleeing felon rule?ʺ
It said that officers could use deadly force- The Court held that the use of deadly force by the police to prevent the escape of a fleeing felon could be justified only where the suspect could reasonably be thought to represent a significant threat of serious injury or death to the public or to the officer and where deadly force is necessary to effect the arrest.
You are working with others on a report about police corruption that indicates that some police officers accept gifts and others demand gifts. Which group are you working with?
Knapp commission- The Knapp Commission created a report that identified two types of corrupt police officers: grass eaters and meat eaters. Grass eaters are the police officers who accept small gifts and engage in minor deviance, mostly in response to peer pressure. Meat eaters are the officers who actively seek out opportunities to exploit their positions, in a proactive and planned fashion, and who may be involved in large-scale and far-reaching corrupt activities.
Which of the following was developed in response to the realization that less-lethal techniques created a greater risk for officers?
Less-lethal weapons that do not require close proximity- Less-lethal technologies that do not require close proximity were developed in response to the realization that less-lethal techniques created a greater risk for officers. Such devices are most commonly called impact munitions.
Which of the following characterizes a police officer who actively seeks out and plans opportunities to exploit his or her position for personal gain?
Meat eater- A "meat eater" refers to a police officer who actively seeks out and plans opportunities to exploit his or her position for personal gain.
The set of rights that a person accused or suspected of having committed a specific offense has during interrogation is known as ___________.
Miranda rights - Miranda rights are the set of rights that a person accused or suspected of having committed a specific offense has during interrogation and of which he or she must be informed prior to questioning, as stated by the U.S. Supreme Court in Miranda v. Arizona (1966) and related cases.
Your friend just bragged to you that his speeding ticket was ʺlostʺ by a friend who was a police officer. What is this an example of?
Occupational deviance- Occupational deviance refers to behavior that either does not conform to accepted standards of conduct or is not part of normal patrol work and is committed under the guise of police authority.
Which of the following is a seriously deviant officer?
Rogue- A rogue is a seriously deviant officer.
After an arrest at the suspect's house, the suspect's wife filed a complaint charging one of the police officers with taking money that was lying out on a table. What would this be called?
Opportunistic theft- A theft that occurs when an opportunity presents itself is an opportunistic theft. Examples include theft from arrestees, crime victims, crime scenes, and unprotected places. This type of theft can be quite lucrative.
you need to get an arrest warrant from a magistrate for an offender you have dealt with before. you know the name and have a location what requirement have you met?
Particularity requirement- If the suspect's name is known, then simply supplying the suspect's name is enough to meet the particularity requirement.
What is misusing police authority to receive material reward of gain called?
Police corruption
An officer is investigating a drug ring in the city and does not get the answers he is looking for from a suspect. He holds the suspect's head under water until the suspect signals he will tell him what he wants. What is this an example of?
Police violence - Police violence involves the use of improper physical force to extract confessions. In the context of drug investigations, the use of improper physical force to extract a confession or to obtain evidence.
Which of the following, according to Maurice Punch, refers to the actions of police officers who actively promote and engage in criminal and other wrongful activities?
Predatory corruption - Predatory corruption is a form of police corruption that consists of more than just passive participation. In predatory corruption, officers actively promote and engage in criminal and other wrongful activities.
Which of the following would be used if police are in pursuit of a man who robbed a liquor store at gunpoint and ran into a house?
Protective sweep- A protected sweep is the permissible cursory visual inspection of places in which a person might be hiding. A protective sweep may be conducted by police up to the point of an arrest but must be supported by reasonable suspicion.
which of the following occurs when a suspect is searched immediately after apprehension in order to ensure officer safety
Searches incident to arrest- An incident to arrest is defined as a warrantless search made at the time of or shortly following an arrest, which is conducted out of a concern for the safety of the arresting officer and others.
You are investigating an officer who is accused of intentionally ignoring criminal activities in a certain neighborhood in exchange for a share of the profits. Maurice Punch would identify this type of corruption as _______.
Straightforward corruption- Straightforward corruption is any form of police misconduct that provides a direct financial benefit to police officers.
Chimel vs. California
Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested
ʺUse of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.ʺ The above ruling came about due to which court case?
Tennessee v. Garner-. The 1985 U.S. Supreme Court case of Tennessee v. Garner specified the conditions under which deadly force can be used to apprehend a suspected felon. Edward Garner, a 15-year-old suspected burglar, was shot to death by Memphis police after he refused their order to halt and attempted to climb over a chain link-fence.
If the suspect is a minor and the police act with brutality, any subsequent confession will be deemed involuntary. What is this an example of?
The Due Process Voluntariness Approach- The due process voluntariness approach is a means for determining the admissibility of a suspect's self-incriminating statement based on whether it was made voluntarily. Involuntariness is held to occur when, under the totality of circumstances that preceded the confessions, the defendant is deprived of his or her "power of resistance."
The decision of Graham v. Connor requires examinations of excessive non deadly force to be judged by which amendment?
The Fourth Amendment- In the 1989 case of Graham v. Connor, the U.S. Supreme Court declared that claims of excessive non deadly force must be judged under the Fourth Amendment's reasonableness clause.
If police arrest and interrogate a suspect without reading them their Miranda rights, anything the suspect says cannot be used in court. What is this an example of?
The Miranda Approach- The Miranda Approach is a set of rights that a person accused or suspected of having committed a specific offense has during interrogation and of which he or she must be informed prior to questioning, as stated by the U.S. Supreme Court in Miranda v. Arizona (1966) and related cases.
What does the term "third degree" mean?
When a suspect is interrogated using psychological pressure and physical force
Missouri vs. McNeely
alcohol in bloodstream does not constitute exigent circumstances
Which of the following is NOT one of the three factors that, according to the Supreme Court, should be used to decide what a reasonable officer would do?
The weather and visibility- The Court also said that whether deadly force has been used appropriately should be judged from the perspective of a reasonable officer on the scene and not with the benefit of 20/20 hindsight.
When individuals commit suicide by cop:
They have already determined that they want to end their lives. They engage in behavior that provokes officers to use deadly force. They may threaten officers with deadly force themselves.
Which of these actions is not generally considered to be an option in the use of force continuum?
Threatening with or using waterboarding- Levels of force range from an officer's mere presence all the way up to deadly force. Use-of-force policies usually refer to a force continuum that describes the appropriate levels of force to use in response to the level of resistance or force used by the suspect. Waterboarding is not an acceptable use of force.
A police officer on your task force has been acting strange lately and an investigation found that he has been taking drugs from an evidence locker for his own personal use. What is this an example of?
Use corruption- Use corruption refers to drug-related police corruption that consists of an officer's personal use of illicit drugs.
When can officers be considered verbally abusive?
When they say anything that goes beyond standards of acceptability- There is no reason why police officers should be excused when they engage in verbal abuse. When the things they say and do exclusive of the application of physical force go beyond standards of acceptability, they can be considered abusive.
According to Tom Barker, a police officer who never deviates from the rules and does not disobey no matter what is called ________.
White knight- A white knight is an honest and upstanding officer who never steps over the line between accepted and deviant conduct, no matter how great the pressure to do so.
you pass a home that has a marijuana plant in a hanging planter on the deck. as a police officer you stop and seize it, arresting the occupant of the home. they argue Katz v US prevents you from doing so. what would be the ruling?
a plant on a deck is knowingly exposed to the public, thus the defendants would not be subject to fourth amendment protection- the supreme court has since ruled that a fourth amendment search or seizure occurs only when there has been an infringement on an expectation of privacy that society (through the eyes of the court) is willing to accept as reasonable. It further stated that "what a person knowingly exposes to the public, even in his own home or office is not subject to the fourth amendment protection."
grass eater
accept small gifts and engage in minor deviance
meat eater
actively seek out opportunities to exploit their position (proactive, planned, large scale)
the police have set up a roadblock checkpoint to ensure that the cars on the road are safe. what is this an example of?
administrative search- attempt to achieve a balance between protecting individuals privacy interests and protecting public safety. where public safety concerns outweigh individual privacy interests. an administrative search may be permissible
Miranda v. Arizona
before questioning a suspect held in custody police officers must inform the individual of their rights § You have the right to remain silent § If you decide to make a statement it can and will be used against you in court § You have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney § Is you cannot afford an attorney the state will provide one ○ Must inform prior to questioning § Custodial interrogations only
the location at which a warrantless suspicion-less search can be conducted for the safety of the general public is called a
checkpoint
abuse of authority
excessive force, psychological abuse of civilians
The application of an amount and/or frequency of force greater than that required to compel compliance is termed _____________.
excessive force- Excessive force is "the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject." When excessive force is employed, the activities of the police often come under public scrutiny and receive attention from the media and legislators.
probable cause
existing evidence to support the reasonable conclusion that a person has committed a crime
rotten apples
few bad officers always escape the screening of recruitment and training
Brown vs. Mississippi
forced confession inadmissible
as a police officer in an investigation, you need to enter a certain house in which you suspect you will find evidence of a crime. what doe you need to be sure you follow in order to seize evidence without violating the rights of the suspect?
fourth amendment- provides the right of the people to be secure in their persons, houses, and papers and protect against unreasonable searches and seizures
According to the Supreme Court, the _________ includes any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect.
functional equivalent of a question- For a person to be afforded Fifth Amendment protection and to be advised of his or her right to remain silent, that person must be subjected to an interrogation. However, defining some questions that constitute an interrogation are ambiguous. The functional equivalent of a question, according to the Court, includes "any words or actions on the part of the police (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response from the suspect."
US vs Leon
good faith exception to the exclusionary rule
Nix vs. Williams
inevitable discovery exception to exclusionary rule
a police officer is on duty and playing a game of basketball with some local teens as part of public relations. he is tapped to sit out while someone else goes in, and he sits on a bench near some backpacks. one of the backpacks was open, and he could see some white powder in a baggie and a pipe. How is he able to conduct a warrantless search at this point?
it was a plain view search- can be conducted without a warrant. In Coolidge v. New Hampshire, the Supreme Court created the plain-view doctrine and held that seizure of evidence authorized when (1) the police are lawfully in the area where the evidence is located, (2) the item is "immediately apparent" as being subject to seizure, and (3) the discovery of the evidence is "inadvertent.
The Supreme Court said that, when judging whether the use of non-deadly force is excessive, one should _____________.
judge from the perspective of a reasonable officer on the scene-. The Court said that whether deadly force has been used appropriately should be judged from the perspective of a reasonable officer on the scene and not with the benefit of 20/20 hindsight.
which of the following is characterized as the focus of a courts examination of the reasonableness of a search or seizure?
justification- when courts focus on the reasonableness of a search or seizure they speak in terms of justification. if the police engage in searches or seizures without justification, they violate the fourth amendment
The behavior of problem police officers
may result in a number of citizen complaints.- Problem officers are those who exhibit problem behavior, as indicated by a large number of citizen complaints, frequent involvement in use-of-force incidents, and other evidence
typology- police corruption
misusing police authority for personal material reward or gain ◊ Taking money from drug bust ◊ Bribes ◊ Free coffee?
stop and frisk
officers are permitted to pat down clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity
open field doctrine
officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house -cannot search yard immediately surrounding a house w/out warrant
New York vs. Quarles
officers may direct questions to arrested suspects prior to reading the Miranda warnings if concerns about public safety require immediate questions
plain view doctrine
officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be
police crime
officers use of official powers of the job to commit criminal behavior
occupational deviance
officers using their position for personal gain ◊ Stealing from work ◊ Favors for friends
Oleoresin capsicum is also known as ____________.
pepper spray- Pepper spray or oleoresin capsicum (OC), is a so-called lachrymatory (inflammatory) agent that causes irritation to the eyes and skin. Pepper spray, like tear gas, causes the eyes to close tightly and tear up, and it may even cause temporary blindness. It also causes the mucous membranes of the nose, throat, and sinuses to burn and swell, making breathing difficult. OC spray is very effective when used to subdue a resistant suspect. Note that pepper spray is not the same as tear gas.
U.S vs dayton
police are not required to inform people of their rights to decline when police ask for consent to search
Since the U.S. Supreme Court's Miranda decision, _________.
police have a more difficult time securing confessions- Miranda has, for better or for worse, made it more difficult for police to secure confessions. As such, they have had to resort to creative means of doing so, including deception.
which of the following is defined as a cursory visual inspection of those places in which a person might be hiding?
protective sweep- is a permissible cursory visual inspection of places in which a person might be hiding. a protective sweep may be conducted by police up to the point of an arrest but must be supported by reasonable suspicion.
If gaining a suspect's compliance requires the use of strong directive language or minimal force by the police officer, it is likely that the suspect offered _________.
slight resistance-. The suspect resisted the officer's actions, and the officer had to use strong directive language or minimal force (skills) to encourage the suspect to cooperate and follow directions.
dirty harry problem- noble cause corruption
the ends justify the means
Beck VS Ohio
the facts and circumstances within the officers knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent man in believing that the suspect had committed or was committing an offense.
The force factor is _____________.
the level of force used by the police relative to the suspect's resistance- The force factor is calculated by measuring both the suspect's level of resistance and the officer's level of force on an equivalent scale and by then subtracting the level of resistance from the level of police force used.
you see a person hastily throw something away in a trashcan when he or she saw a police officer walking towards him or her. After you tell the police officer this, he reaches in the bag you saw and finds a gun. He then goes up to the person you saw throw it away ad conducts a search. what does the findings of the gun signify to the court?
the reasonableness of the search
The use of physical restraint by a police officer when dealing with a member of the public is termed ________.
use of force- Police use of force is defined as the use of physical restraint by a police officer when dealing with a member of the public.
after impoundment, which of the following would occur as a warrantless search
vehicle inventory
good faith exception
when police act in honest reliance on a warrant, the evidence seized is admissible even if the warrant is later proved to be defective
the knapp commission
§ 1970 § Commissioned to examine reports of rampant corruption in the NYP § identified two types of corrupt officers
Cats vs US
§ 2 prong test □ Reasonable expectation of privacy of homes and yards Side at large has to believe the privacy is reasonable
automobile searches
§ A traffic violation be itself does not provide an officer with the authority to search an entire vehicle. There must be specific factors creating reasonable suspicion or probable cause to justify officers doing anything more than looking inside the vehicle § Since evidence is mobile officers have broad authority to search vehicles § Passengers can be ordered to exit for safety □ Visible inspection always legal □ Probable cause required to search entire vehicle
Mapp vs. Ohio
§ Exclusionary rule incorporated into states The rule makes the 4th and 5th amendment meaningful
the wickersham commission
§ First crime commission tasked with addressing police misconduct/deviance § Official name: National commission on law observance and enforcement(1929) □ Commissioned by president hoover □ Report released in 1931 □ Primary author- august vollmer □ Findings- the inflicting of pain, physical or mental, to extract confessions or statements.. Is widespread throughout the country
Oliver vs US
§ Officers permitted to intrude on private land that are open areas like fields and pastures buy cannot go into yard area immediately surrounding house without a warrant
police corruption
□ Can be defined as dishonest or fraudulent conduct by public officials in a position of power ® Police officers act corruptly when, in exercising or failing to exercise their authority, they act with the primary intention of furthering private or departmental/divisional advantage
Terry vs Ohio
□ Terry pats □ Limited pat down allowed if reasonable suspicion of a crime exists □ Police are obligated to make observations, draw reasonable conclusion, identify themselves, and make inquiries before conducting stop and frisk
exclusionary rule
○ Illegally seized evidence may not be used against an individual in court
search and arrest warrants
○ Probable cause must exist ○ Sworn oath or affirmation in written affidavit ○ Must describe specific place ○ Must describe specific person or items to be seized ○ Totality of circumstances test