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ISU CJS 101 - 4th Ammendment

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CJS 101 1st Edition Lecture 12Outline of Last Lecture II.Educating the policeIII. Changing Profile of policeIV. Women in PoliceV. Types of stressVI. Central role of PatrolVII. Crime preventionOutline of Current Lecturel. Due process revolutionA. search and seizure definedll. The meaning of “search”A. Katz v. United Stateslll. Search and seizure distinctionsA. Levels of suspicionVl. Stop and friskA. Terry v. ohioB. Terry testC. Frisk definedCurrent LectureThe constitutional law of search and seizure-in the 1960s supreme court handed down several key decisions impacting police that have been characterized as part of a due process revolutionDue Process revolution: Gideon v Wainwright, Mapp v Ohio, Miranda v Arizona-all emphasized rights of the accuses and place limits on policeThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.the fourth amendment: unreasonable search and seizures, warrants, probable causeSearch: acts of govt, intrudes on privacySeizure: when you are not free to leave, halt movementThe meaning of “search” (Katz v. united states (1967) protects people, not places, what is exposed to the public is not protected, if you seek to preserve it as private, even in public, may be protected.Reasonable expectation of privacy test: subjective expectation of privacy (you demonstrate a policy expectation) objective expectation (is society willing to grant the expectation as reasonable?)- Search is different from a seizure: one can occur with out other, not all traffic stops involve a search, seizure of an object must come from legal searcLevels of suspicion-hutch 5%(weird feeling)-reasonable suspicion 20-25%: can point to facts that suggest that have are or about to commit a crime, don’t have enough to arrest you, more than hutch-probable cause: enough suspicion and enough cause arrest-reasonable doubt: conviction, determined by court and juryArrests- seizure requiring probable cause- evience to support reasonable conclusion person commited a crimeStop and Frisk: The terry test (terry v. ohio 91968)-a stop is a brief interference with a persons freedom and mist be justified by reasonable suspicion-not just a hutch (must have facts to back up suspicion)-a stop must be brief in durationFrisk: pat down, it is only done for officer or public safety, it is not a full-fledged searchWhren v United states (1996): probable cause of violation of any traffic rule is all that is needed to stop someone, intent or motivation is


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