Policing 2 Legal Aspects of Policing policing 2

Policing 2: Legal Aspects of Policing policing 2. pptx Some of the legal “rules” or issues that determine how the police do their job. The killing of George Floyd May 25, 2020 Source: Wikipedia Personal Note: I’m confident the overwhelming majority of cops would NEVER do this copyright Michael Hallstone Ph. D. 1

Search and Seizure l 4 th Amendment protects against “unreasonable search and seizure” l Evolution of the “Exclusionary Rule” – Search warrant requirements (Weeks v. US 1914 and Mapp v. Ohio 1961) – “fruit of the poisoned tree” doctrine copyright Michael Hallstone Ph. D. 2

Exceptions to Exclusionary Rule l Good Faith Doctrine – US v. Leon 1984 l Plain View Doctrine – Harris v. US 1968, Arizona v. Hicks (1987) l Emergency Searches (to life, escape, and removal or destruction of evidence) copyright Michael Hallstone Ph. D. 3

Arrest l Arrest = “curtailing a person’s freedom to leave” l Probable Cause – Know definition of probably cause and how relates to arrest l “Suspicionless” Searches copyright Michael Hallstone Ph. D. 4

Interrogation l Limitations imposed by the court – Coerced confessions and the by 5 th Amendment Right to have attorney present (6 th Amendment) l Miranda Rights and Due Process – Miranda Rights (silence, anything you say can be used in court, right to lawyer and lawyer during interrogation, right to free lawyer) l copyright Michael Hallstone Ph. D. 5