CRM JST 271 1st Edition Lecture 5 Chapter 3 Legal Issues I II III Criminal Procedure a The process by which a person accused of a crime is processed through the criminal justice system i Rules that protect the rights of the accused ii To ensure civil and orderly society b Before 1937 few procedural rulings by the US Supreme Court i BOR safeguards didn t yet apply to the states c Due process revolution of the 1960 s i Warren Court increased protection of civil rights Searches and Seizures of Persons a 4th amendment i Definition the right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probably cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized ii Offers legal guidelines for when officers can stop frisk and arrest b Stop frisk and arrest require varying degrees of certainty c The exclusionary rule method for enforcing reasonableness standard of the 4 th amendment d Fruit of the poisonous tree doctrine is an exclusionary rule extension i What does this doctrine maintain e 3 types of police citizen interactions i Consensual encounters ii Investigative detentions iii Arrests iv What are the evidentiary requirements for each of these f Stop and Frisk requires reasonable suspicion of a crime i Terry v Ohio 9168 ii Arizona v Johnson 2008 passenger in auto iii Illinois v Wardlow 2000 unprovoked flight iv Minnesota v Dickerson 1993 scope of frisk fishing expedition Reasonable Suspicion and Probable Cause a Reasonable suspicion based on objective facts and logical conclusions that a crime has been or is about to be committed and this is based on the circumstances at hand b Probable Cause Brinegar v U S 1949 i Exist were the facts and circumstances within the officers knowledge and of which they have reasonably trustworthy information are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed ii More likely than not
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