Exam 13: Police and the Law

Summary A A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and, if you did not read him his Miranda right there is a risk that the confession may later be held inadmissible. To learn about voluntary confessions, see "The Police and Custodial Interrogation." Summary B A voluntary confession does not require that the suspect be read his Miranda rights. Stopping the suspect at this point may cause him to change his mind. However, the Supreme Court has held that custodial interrogation is inherently coercive and there is a risk that the confession may later be held inadmissible. To learn more about voluntary confessions, see "The Police and Custodial Interrogation." After obtaining the warrant, you begin your search for the suspects. While searching the cabin, you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them. -The exclusionary rule is an interpretation of which amendment to the Constitution?

Police must have a thorough understanding of the law, custodial interrogations, search and seizure, warrant requirements, and how all of those aspects are applied to legal standards and the U.S. Constitution. The Fourth Amendment prohibits unreasonable search and seizure. The due process clause protects all citizens of the United States from loss of life, liberty, or property without proper legal processes. The exclusionary rule is the Supreme Court's interpretation of the Fourteenth Amendment and holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant. This scenario focuses on the framework in which police officers operate in the field. Tom and Mike are drug dealers. They don't realize it, but they are selling drugs to an undercover police officer one night on the street corner of Metha Avenue and Coke Street. After the sale is completed, the undercover officer signals for backup, and several police squad cars pull in to make the arrest. Tom punches the undercover officer, and both flee on foot through a heavily wooded area. -What clause in the Constitution requires the government to go through the proper legal processes before depriving a citizen of the United States of life, liberty, or property?

The rights disclosed in the Miranda warning include all of the following EXCEPT the right to __________.

How is reasonable force defined?

Which amendment to the Constitution contains the clause protecting citizens from being deprived of life, liberty, or property except through due process?

The quasi-official practice of beating a confession out of a suspect was known as __________.

If a police officer does not read a suspect his or her rights, will the case be dismissed?

What Would You Do? One of the suspects confesses to an additional crime he committed two weeks ago. He tells you he went into the liquor store on the corner of Bourbon Ave and Whiskey Junction, held a gun to the clerk's head, and demanded all of the cash from the register. He confessed he got about $900, which he used to buy drugs later that night. Your job is to follow up on this additional crime. You locate this liquor store and the store clerk who was robbed at gunpoint by your suspect. You need to make sure the store clerk can properly identify the suspect as the one who robbed him two weeks ago. -What would you do?

Malcolm, a 28-year-old African American man, is walking down the street on his way to his job at an insurance office. A uniformed police officer tells Malcolm to stop and begins to pat him down. When Malcolm asks why he is being stopped, the police officer tells him to shut up. After checking the name on Malcolm's driver's license, the officer tells Malcolm he is free to go. Does this stop fit the requirements of a Terry stop?

Which of the following statements regarding a showup is most accurate?

The hot pursuit exception to the warrant requirement allows you to enter the cabin. Additionally, given that one of the suspects, Tom, assaulted an officer, it is reasonable to believe that someone else might be hurt if you were to wait for a search warrant. You need to exercise caution in searching the cabin since the owner does not want you to enter. While searching the cabin you locate the two suspects. You place them under arrest, handcuff them, search them, and now you want to interrogate them. -What process does the court system use to determine if an interrogation is constitutional?

What Would You Do? You are an officer searching for the two suspects, and you come across a cabin in a wooded area. One of your partners has a K9 tracking dog, and this K9 has tracked the scent of the two suspects to this cabin. The owner of this cabin comes outside and tells you to get off his property. You explain that you are tracking two criminal suspects and you believe they have entered his house. The homeowner assures you no one is inside his house and demands you leave at once. -What would you do?

Police must have a thorough understanding of the law, custodial interrogations, search and seizure, warrant requirements, and how all of those aspects are applied to legal standards and the U.S. Constitution. The Fourth Amendment prohibits unreasonable search and seizure. The due process clause protects all citizens of the United States from loss of life, liberty, or property without proper legal processes. The exclusionary rule is the Supreme Court's interpretation of the Fourteenth Amendment and holds that evidence seized in violation of the U.S. Constitution cannot be used in court against a defendant. This scenario focuses on the framework in which police officers operate in the field. Tom and Mike are drug dealers. They don't realize it, but they are selling drugs to an undercover police officer one night on the street corner of Metha Avenue and Coke Street. After the sale is completed, the undercover officer signals for backup, and several police squad cars pull in to make the arrest. Tom punches the undercover officer, and both flee on foot through a heavily wooded area. -What exception to the search requirement justifies police officers following a fleeing suspect into a private residence?

What are the two main methods by which we measure crime?

What was the silver platter doctrine?

Which term describes a group of people who match the description of the suspect and who stand in a row along with the arrested person while a victim or witness observes them to try to make an identification?

The U.S. Supreme Court uses what right to influence how the police do their job-for instance, by ruling certain methods unconstitutional?

According to the Fourth Amendment, police must obtain warrants that are based on probable cause and describe the place and the person or objects involved. The Fourth Amendment prohibits unreasonable ___________.

What Would You Do? You are about to interrogate one of the suspects, and you explain to him that you are going to read him his rights before you question him. However, he says he doesn't need that and starts to voluntarily confess everything to you without your even asking any questions. -What would you do?

In which 1964 case did the Supreme Court rule that denying a suspect the right to consult with a lawyer was a violation of the Fifth, Sixth, and Fourteenth Amendments?