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Review Standards of Proof Mere suspicion Standards of Proof Reasonable suspicion.

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Presentation on theme: "Review Standards of Proof Mere suspicion Standards of Proof Reasonable suspicion."— Presentation transcript:

1

2 Review

3 Standards of Proof Mere suspicion

4 Standards of Proof Reasonable suspicion

5 Standards of Proof Probable cause

6 Standards of Proof Preponderance of evidence

7 Standards of Proof Clear and convincing evidence

8 Standards of Proof Proof beyond a reasonable doubt

9 Standards of Proof Absolute certainty

10 Probable Cause For an arrest to occur need……

11 Probable Cause Tangible evidence that a crime has been committed

12 Probable Cause Belief that the person arrested committed the crime….

13 Probable Cause based on what a reasonable person would believe

14 Probable cause for a legal search Specific objects are connected with criminal activity

15 Objects will be found in the place searched Probable cause for a

16 Objects will be found in the place searched Probable cause for a

17 Based on what a reasonable person would believe Probable cause for a

18 Chapter 4 Exclusionary Rule

19 no unreasonable searches or seizures th Amendment

20 General Rule All relevant evidence is admissible.

21 Exceptions Prejudicial Confusing Redundant Exclusionary Rule

22 To deter the police... Exclusionary Rule

23 from violating people’s Fourth Amendment rights Exclusionary Rule

24 Applies Criminal Trials Prove Guilt

25 Exceptions to the Exception” Good Faith Judge Court Employee

26 More Exceptions Inevitable Discovery Purged Tainted Independent Source

27 Time Out! Just suppose….

28 You’re driving home from tonight’s class from the college

29 Just suppose…. Police have set up a DUI checkpoint between the school and the main highway

30 Just suppose…. As you approach the checkpoint, an officer directs you to pull over

31 Just suppose…. He then orders you out of your car and asks if you “mind” him searching your vehicle?

32 Just suppose…. Do you have the right to say no? How comfortable would you be refusing the search?

33 Just suppose…. You object to the search. He searches anyway

34 Just suppose…. He finds a cell phone that is reported stolen.

35 Just suppose…. Admissible?

36 Just suppose….

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