Monday, March 21, 2011

Chapter 7: Criminal Procedure & the Police

Usually when police has a suspicion in a person, they tend to put them in a frisk which is patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made. If the person runs away the police will start a search which is an exploratory inspection of a person or property based on probably cause of law violation. Good faith exception is a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge. When police make an arrest and search have been carried out, they have the authority to interrogate the arrested person but it is applied to the fifth Amendment to the Constitution that includes protection against self incrimination. Miranda warning is required when an individual is taken into custody and is subjected to questioning because this is when the protection against self incrimination is jeopardized. Public safety exception, police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

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