BLE-Basic Criminal Procedure

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BLE-Basic Criminal Procedure
2011-10-03 22:29:48
Basic Criminal Procedure

BLE - Basic Criminal Procedure
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  1. Laws of Arrest
    • * Stop & Frisk
    • * Search & Seizure
    • * Pre-trial Identification
  2. Probable Cause
    Facts or circumstances that would make a reasonable or prudent person believe a crime is being or has been committted.
  3. What only applies to government officials?
    (Part of the Constitution)
    The Bill of Right
  4. Refers to the facts or circumstances that make a person believe that a particular person has committed a crime.

    Probable cause to arrest or Probable cause to search?
    Probable cause to arrest
  5. Refers to the facts or circumstances that make an officer believe that evidence of a crime is now in a particular location.

    Probable cause to arrest or Probable cause to search
    Probable Cause to Search
  6. Probable Cause is the basis for a ______ ______ or a ______ ______.
    Legal Search or a Legal Arrest
  7. Is an arrest without Probable Cause illegal?
  8. Evidence illegally obtained will not be admissible in court is what?
    Exclusionary Rule
  9. By it's very nature is illegal to posses. What is it?
  10. Case:
    Lottery Tickets seized from home without a search warrant.
    "To allow such evidence to be admitted would reduce the 4th Amendment to a form of words without the use of the exclusionary rule"
    At this time the Exclusionary Rule only apllied to the federal government.
    Weeks v. United States (1914)
  11. Case:
    Sliver Platter Doctrine - Federal agents would go to local officers (city & state), because the exclusionary rule did not apply to local officers, and would ask them to search people's homes, vehicles, etc. without a warrant and if they found any evidence, turn it over to the federal agents.
    Wolfe v. Colorado (1949)
  12. Case:
    U.S. Supreme Court ruled "Evidence obtained in violation of the 4th Amendment could not be admitted into a state court criminal proceeding."
    Mapp v. Ohio (1961)
  13. What is the Purpose of the Exclusionary Rule?
    • * To deter police misconduct
    • * Control the behavior of the police
    • * Act as a deterrent to unlawful conduct
  14. Does the exclusionary rule apply to state, county, & local government?

    After Mapp v. Ohio it was applied to all.
  15. The exclusionary rule only applies to whom or what?
    Government and it's actions
  16. What is Government Action?
    Any action taken by government officials and their agents.
  17. What does the Exclusionary Rule prohibit?
    * Introduction of evidence seized during an unlawful search

    * Testimony concerning knowledge acquired from that unlawful search

    * Derivative evidence that flowed from the unlawful search
  18. Exceptions to the Exclusionary Rule?
    • 1. Good Faith Exception
    • 2. Independent Source
    • 3. The Inevitable Discovery
    • 4. The Purged Taint
  19. Does the Good Faith Exception apply in Georgia?
  20. What exception to the Exclusionary Rule is this?:

    The existence of evidence which was not illegally seized and which infact provided an independant basis for the discovery of the challenged evidence.
    The Independent Source Exception
  21. What exception to the Exclusionary Rule is this?:

    Courts generally will not supress evidence that has been seized illegally if the government can establish that the evidence inevitably would have been discovered lawfully.
    The Inevitable Discovery Exception
  22. The 11th Circuit Court of Appeals - "The prosecution must show"
    1. The lawful means, which made the discovery inevitable, were possessed by the police and

    2. Were actively being pursued prior to the occurrence of the illegal conduct.
  23. What exception to the Exclusionary Rule is this?:

    If the evidence that is to be introduced is so far removed from the wrong done by the police, then it may be admissible.
    The Purged Taint or Attenuation Exception
  24. What is:
    The range of ones authority, breadth, or opportunity to function; where we can search.
  25. What are the 3 tiers of police citizen contact?
    • Tier I - Verbal Encounter
    • Tier II - Brief Seizures
    • Tier III - Arrest
  26. What is a Verbal Encounter?
    Communication between police & citizens involving no coercion or detention.
  27. What are Brief Seizures?
    Must be supported by articulable (reasonable) suspicion.

    (Reasonable Articulable Suspicion - Allows you to temporarily detain)
  28. What is Arrest?
    Full scale arrest, supported by probable cause.

    (Allows you to arrest)
  29. Which Amendment covers an arrest?
    The 4th Amendment - The right of the people to be secure in their "persons, houses, papers, & effects."
  30. What are the Elements of Arrest?
    • Intent
    • Seizure
    • Communication & Understanding
  31. What should be thought of as a process of events?
    An Arrest