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Police and the Law - Coggle Diagram
Police and the Law
Search Warrant Cases Many exigent circumstances arise where police cannot be expected to travel to court to obtain a search warrant. So there are many exceptions and rules established by the Supreme Court that govern these exceptions. Police need to be as prepared as possible with warrants so they don't take the chance of having to wait for a warrant. Too many unwanted things can happen while waiting.
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Exclusionary Rule Cases(Ruling)Weeks v. United States 1914-Came to be when officers arrested then searched the home of Freemont Weeks. They seized evidence and confiscated letters and documents without a proper warrant. Out of it the exclusionary rule was established because his 4th amendment right had been violated. Any evidence seized in violation to the 4th Amendment can not be used against the defendant in a criminal case. The exclusionary rule also gave rise to the silver platter doctrine which federal prosecutors were allowed to use "tainted" evidence obtained by state police officers seized through unreasonable searches and seizures, provided evidence was obtained without federal participation and was turned over to federal officers. In Silverthorne Lumber Co v. United States(1920)however, the Court ruled that such tainted evidence is illegal to use in court. Court compared the illegal search to a "poisoned tree". Any evidence from a illegal search is "fruit of the poisoned tree"
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Police Search and Seizure Cases: Governed by the 4th Amendment, prohibits all unreasonable searches and seizures and requires that all warrants be based on probable cause and that they particularly describe the place to be searched and the persons or things to be seized. Reasonable suspicion is not enough, neither is a hunch. We base a lot of our emotions off of vibes and people have to be careful not to rely on just those
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Unreasonable use of Force Cases . The use of deadly force is permitted when an officer's life is in danger or another life is at peril from the person against whom the deadly force is directed, where the officer has probable cause to believe has committed a crime involving serious harm to another, or in another serious felony case. With this officers should always think " least amount of force necessary to control the situation." It's hard because at any given moment, a situation could turn deadly.
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Police Traffic Stops Cases: Police can not make capricious car stops and that "random spot checks" of motorist are a violation of a citizens 4th Amendment Rights.
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The Police and Custodial Interrogation Path to Miranda : The right to counsel contained within Miranda applies only when the subject of the interrogation is in custody