SOCL 3371 Chapter : Ch 8 Study Outline
Document Summary
Policing and the law- fourth amendment mandates much of how police do their job. Officer believes an offense has been (or is about to be) committed. Item must be excluded and not used against someone in a court of law if evidence is obtained outside or the context of a warrant: mapp v. ohio (1961) -established this rule. Evidence that is obtained from an illegal search is excluded. Upholds rights of the accused when gathering evidence: exceptions- Unintended error: good faith exception -exception to the exclusionary rule. Ex: police applying for warrant, person responsible for processing makes typing error, police find what they needed, error is excused: warrantless searches. Consent search: if person says yes to search. If police legally stop for traffic violation and find an illegal substance, they can legally seize it. Emergency exemption: if police are concerned for the safety or others or the integrity of potential evidence is threatened.
