CRJU 101 1st EditionExam # 2 Study Guide Lectures: 7 – 12CHAPTER ONE (Lectures 7, 8, 10, & 11)Exclusionary Rule = a rule that prohibits the use of evidence or testimony obtained in violation of the 4th and 5th amendments of the US constitution, established in Weeks vs. United States (1914) and extended to all state courts in Mapp vs. Ohio (1961).Fruit of the Poisoned Tree Doctrine = a rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional search, established in Silverthorne Lumber Co. vs. United States (1918) and in Wolf vs. Colorado (1949).The Carroll Doctrine = terms allowing admissibility of evidence obtained by police in a warrantless search of an automobile when the police have probable cause that a crime has occurred and delaying a search could result in the loss of evidence. Consent to Search = if a person gives permission for a search, any evidence discovered is admissible (Florida vs. Jimeno, 1973). The person who gives permission must have the authority to do so. (Ex. A landlord cannot give valid permission to search an apartment currently occupied by a tenant, but can give permission once the tenant vacates the apartment. Same with a motel owner to a room rented out. A parent can give permission to search the room of a legal dependent living in the same house but cannot give permission to search the room of a boarder living in a room rented out, Pat-Down Search/ doctrine = the right of the police to search a person for a concealed weapon on the basis of reasonable suspicion, established in Terry vs. Ohio (1968). Also known as a Terry Pat. Limitations such as: have to sue the flat palm of your hand to “search,” and cannot manipulate an item during this kind of search. Search Warrant = legal permission, signed by a judge, for police to conduct a searchSearch Incident to Lawful Arrest = the right of police to search a person who has been arrested without a warrant. US vs. Robinson (1973). Probable Cause = the likelihood that there is a direct link between a suspect and a crimePlain-view Search = the right of the police to gather without a warrant evidence that is clearly visible (this goes for vehicles and homes as well). Searches of Subway passengers = in 2005, the police extended the public safety exception to justify random searches of subway passengers for explosives in response to perceived terrorist threats against US mass transit systems following terrorist attacks on London’s bus and subway system.Public Safety Exception = the right of the police to search without probable cause when not doing so could pose a threat of harm to the public. Border Searches = searches of people and property at border checkpoints and entry ports do not requireprobable cause, reasonable suspicion, or a search warrant, Federal border officers may search people and property virtually at will. Property may be destroyed in the search, and searches of people may be intrusive. This power is granted to border security personnel by both legislation and case law. Consent ofthe person to be searched is not necessary because he or she does not have the right to refuse. Evidencefound of illegal activity or contraband such as drugs is admissible in criminal court.Tennessee vs. Garner 1985 = prohibits law enforcement from shooting fleeing subjects unless they are a clear and present danger. Prohibition against deadly force. Ruled in the attorney’s representing Garner’s (who was shot by police) favor by saying it was against Garner’s constitutional rights, that he was shot bythe police officer without probable cause. Standards for an admissible confession = a confession must be given knowingly and voluntarily, it cannot be obtained as a result of threat or pain, and the suspect must be informed of his or her rights. Brown vs. Mississippi 1936 = declares that confessions obtained by the use of force are taintedAshcraft vs. Tennessee 1944 = the court ruled that confessions obtained by the use of around-the-clock interrogation were not voluntary and were therefore inadmissible.Requirements of lineups = suspects have the right to have an attorney present. A line up must include suspects who are similar and match the description given by the witness. A lineup must include actual suspects and not police personnel masquerading as suspects. A lineup mist include people who are known to the police not to be capable of being the offender. The inclusion of these people acts as a check on the witnesses’ credibility. Conditions under which officers can initiate an arrest = with an arrest warrant issued by the court. When they observe a violation of the law. Under exigent circumstances – that is, circumstances in which unless immediate action is taken by the police, the evidence may be destroyed or the suspect may escape. When they have probable cause to believe that someone has committed a crime. Entrapment = the illegal arrest of a person based on criminal behavior for which the police provided both the motivation and the means, tested in Jacobsen vs. United States (1992). Material Witness Law = a law that allows for the detention of a person who has not committed a crime but is suspected of having information about a crime and might flee or refuse to cooperate with law enforcement officials. Meat Eaters = officers who engage in serious criminal conduct, corruption, and illicit money-making opportunitiesGrass Eaters = police officers who engage in minor illegitimate activities that are considered “acceptable behavior” by fellow officers. CHAPTER 7 (Lecture 8)Jurisprudence = a philosophy or body of written law used to settle disputes 10 th Amendment = a provision that states that powers not specifically delegated to the federal government are reserved for the states11 th Amendment = a provision that prohibits a citizen from one state suing the government of another state in federal court.Mabury vs. Madison 1803 = establishes power of judicial review for the courtsFederal Court Tier:1. Magistrate Courts2. Trial Courts- District Courts- US Tax and other Administrative Courts- US Court of International Trade- US Claims Court - US Court of Veterans’ Appeals- Courts of Military Review3. Appeals Courts- US Courts of Appeals- US Courts of Appeals for the Federal Circuit- US Courts of Military Appeals4. Supreme CourtMagistrate Courts = are federal lower courts whose powers are limited to trying