Chapter 6 4th Amendment Protections a Tennessee v Garner 1985 deadly excessive force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others somebody was fleeing and police shot and killed them b Arrests and search warrants require probable cause reliable information indicating crime is more likely than not affidavit documents that outlines probable cause needed to get search warrant issued submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant c Illinois v Gates 1983 established flexible totality of circumstances test for determining the existence of probable cause needed for obtaining a search warrant shows how probable cause can be defined by an officer widens area for officers to say what probable cause is Warrantless Searches can be legally conducted without a warrant a Special needs beyond the normal purposes of law enforcement Airport security entry points into USA b Stop and frisk on the streets Terry v Ohio 1968 endorsing police officers authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity permits a pat down of suspicious people on the street one specific group experiencing higher incidents of stop and frisk c Search incident to a lawful arrest Chimel v California 1969 endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested d Exigent circumstances when there is an immediate threat to public safety or the risk that evidence will be destroyed e Consent United States v Drayton 2002 declared that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search f Automobile searches warrantless searches are permitted when permissible suspicious of illegal activity exists Fifth Amendment suspects in custody must be informed of their rights to remain silent and a Miranda v Arizona 1966 represented during questioning b Issues with Miranda readings does not apply if not in custody videotaping of rights does not capture process of interrogation must assert Miranda rights Berghuis v Thompkins 2010 a suspect being questioned cannot assert his right to remain silent by remaining silent in the face of continuous questioning instead he must actually tell the officer that he is asserting his right to remain silent in order to eek an end to the officers questioning Exclusionary Rule principle that illegally obtained evidence must be excluded from trial a Weeks v United States 1914 decision applying the exclusionary rule as the remedy for improper searched by federal law enforcement officials b Mapp v Ohio 1961 c Exceptions applied exclusionary rule for state and local officials Good faith if an officer has a warrant that is incorrect but act in good faith evidence can still be admitted United States v Leon 1984 Inevitable Discovery Rule improperly obtained evidence can be used when it would later have been inevitably discovered by the police Nix v Williams Chapter 7 Court Proceedings Adversarial lawyers for each side represent their clients best interest in presenting evidence and formulating arguments judge is neutral and doesn t intervene in debate court process in most countries where the judge takes an active role in investigating the case and examining evidence Inquisitorial Jurisdiction who has the authority to hear the case based on geographic territory or legal boundaries Federal office in federal court state offense in state court etc Functions of Court enforcing the norms of society processing disputed within society making policy Structure of courts Federal and State Federal court system District Courts Circuit court of appeals Supreme Court district where the case is heard circuit if case is appealed don t hear the case all over again but review what happened at the trial court level State court system Trial courts of limited jurisdiction trial courts of general jurisdiction intermediate court of appeals appellate court of last resort Supreme Court Limited jurisdiction municipal county and state jurisdiction only work for General jurisdiction district superior or circuit courts Appellate courts do not try criminal cases but hear appeals of decisions one type of case in lower courts Trial courts hear cases for the first time vs Appellate courts review the cases U S Supreme Court hears approx 80 cases annually Nine Justices six are required to decide a case Writ of certiorari Formal gr for supreme court to hear your case Has to be significant enough to affect many people nationwide Rule of four at least four justices have to agree to review the case Problem Solving Courts addressing particular social problems or troubled populations drug courts domestic violence courts mental health courts help low level criminals focus on treatment and supervision judge and community involvement Adjudicator make sure the prosecutor and defense attorney follow the rules Negotiator have to encourage parties to cooperate and find an agreement Administrator run the courtroom rules of procedure are the same for everyone Functions of a judge makes decisions Selection of Judges State trial court gubernatorial appointment governor legislative selection house and or senate of the state merit selection most common election and appointment by governer nonpartisan election partisan election a mixture of methods Federal Nominated by President confirmed by Senate How to Appoint Judges Elections to the publics needs Gubernatorial appointment pro et rid of un qualified judges freedom to choose a judge con work for the sake of getting reelected not doing justice responsive pro work well together educated decision hopefully reflects the interest of the public faster process con political bias more inclined to appoint someone with their political opinion Merit based pro informed on issues con public doesn t get a say Legislative selection pro congressmen are elected officials so reflect the public con political bias Prosecutorial System Prosecuting Attorney Represents the state May be referred to as the district state county attorney Chief legal officer of a state responsible for both civil and criminal matters United States Attorney Prosecutors for federal cases Appointed
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