MIRANDA WARNINGS 1. You have the right to remain silent. 2. Anything you say can be used against you in a court of law. 3. You have the right to talk to a lawyer and to have a lawyer present while you are being questioned. 4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning. 5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time. Landmark cases and what defines them Fruits of “The Poisonous Tree” doctrine & its impact Emergency searches & exceptions To Be Successful In This Unit Read chapters 7 & 8 Review Chapters 7 & 8 Powerpoints Graded Assignments This Week 1. Thursday Night 8:00 PM ET 2. Complete the minimum 8 slide Power Point Presentation on the 5 core strategies of police core operations, as well as, the 1 ancillary operational strategy (include title slides & reference slide) 3. Discussionboard 4. Unit 4 Multiple Choice Assignment (Rights) 5. Can enter only 1 time

Discussion Board Question Miranda v Arizona Must go to these websites to read about Miranda:

Graded items: 1. Discussion Board 2. Quiz 3. Seminar 4. Powerpoint Project start & due unit 4

This week you get a bit of a break, make use of this valuable time to catch up on and submit missed assignments. As per Kaplan policy, assignments that are submitted late will be accessed a 5% penalty (it’s better than keeping a zero). NOTE: All students must have a minimum of 60% to continue on after this unit. YOUR ASSIGNMENTS THIS WEEK ARE: 1. Discussionboard 2. Quiz Remember, there is no Live Seminar this week!

No one is above the law…not even the police. 5

The U.S. Constitution was designed to protect against abuses of police power. Restraints on police behavior:  Help to ensure individual  freedoms.  Must be balanced against the need  for police to effectively do their  jobs. 6

The U.S. Constitution, especially the Bill of Rights, is designed to protect citizens from abuses in police power.  Due Process is required by 4th, 5th, 6th, and 14th Constitutional Amendments. 7

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ THIS RIGHT IS GUARANTEEDBY THIS AMENDMENT The right against unreasonable searches and seizuresFourth The right against arrest without probable causeFourth The right against self-incriminationFifth The right against “double jeopardy”Fifth The right to due process of the lawFifth, Sixth, Fourteenth The right to a speedy trialSixth The right to a jury trialSixth The right to know the chargesSixth The right to cross-examine witnessesSixth The right to a lawyerSixth The right to compel witnesses on one’s behalfSixth The right to reasonable bailEighth The right against excessive finesEighth The right against cruel and unusual punishmentEighth The applicability of constitutional rights to all citizens, regardless of state law or procedure Fourteenth

 Courts provide an area for dispute resolution between individuals and between citizens and government agencies.  Courts also deal with issues involving rights violations, which have become the basis for dismissal of charges, acquittal of defendants, or release of convicted offenders upon appeal. 9

 Most due process requirements relevant to the  police involve: 1. Evidence and interrogation (search and seizure) 2. Arrest 3. Interrogation 10

 “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Pearson Prentice Hall 11

 The Fourth Amendment protects one’s privacy from unreasonable searches and seizures. 12

 Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure. 13 Silverthorne Lumber Co. v. U.S. (1918)

 When law enforcement officers have acted in good faith, the evidence they collect should be admissible even if later it is found that the warrant they used was invalid. 14 U.S. v. Leon (1984)

 Objects falling in “plain view” of an officer, who has the right to be in the position to have the view, are subject to seizure and may be introduced as evidence.  The Plain View Doctrine applies only to sightings by the police under legal circumstances. 15 Harris v. U.S. (1968)

 Restricted the plain view doctrine  Officers cannot move objects to gain a view of  evidence otherwise hidden from view.  Officers cannot move or dislodge objects to  create “plain view.” 16 U.S. v. Irizarry (1982) Arizona v. Hicks (1987)

The U.S. Supreme Court held that even though inadvertence is a characteristic of most legitimate plain view seizures, it is not a necessary condition.  It is okay to seize evidence found when such  evidence is other than that listed in a search  warrant. 17 Horton v. California (1990)

18 Three threats provide justification for emergency warrantless searches (searching during exigent circumstances). 1. Clear dangers to life 2. Clear dangers of escape 3. Clear dangers of removal or destruction of evidence

“4th Amendment does not require police to delay in the course of an investigation if to do so would gravely endanger their lives or the lives of others.” 19 Warden v. Hayden (1967)

Police can search locations in a house where a potentially dangerous person could hide while an arrest warrant is being served.  Primarily meant to protect officers from danger.  Can apply when officers lack a warrant, probable  cause, or even reasonable suspicion. 20 Maryland v. Buie (1990)

Police officers “may enter a home without a warrant when they have an objectively reasonable basis for believing than an occupant is seriously injured or imminently threatened with such an injury.” 21 Bringham City v. Stuart (2006)

 An arrest occurs when a law enforcement  officer restricts a person’s freedom to  leave. It is:  The act of taking an adult or juvenile into custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense. 22

The basic minimum element for an arrest under any circumstance is probable cause. 23

U.S. v. Mendenhall (1980)  U.S. Supreme Court said:  “A person has been ‘seized’ within the meaning of the Fourth Amendment only if in view of all the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.” Saddle River, NJ

Yarborough v. Alvarado (2004)  Whether a person is actually free to leave can only be determined by examining the totality of the circumstances surrounding the interrogation. Saddle River, NJ

Terry v. Ohio (1968) Reasonable suspicion is needed to “stop and frisk.” The facts must lead officers to suspect that crimes may be occurring, and that suspects may be armed.  Justification:  “We cannot blind ourselves to the need for law enforcement officers to protect themselves and other prospective victims of violence in situations where they may lack probable cause for an arrest.” 26

Reasonable suspicion is a general and reasonable belief that a crime is in progress or has occurred whereas probable cause is a reasonable belief that a particular person has committed a specific crime. 27

U.S. v. Arvizu (2002) “Officers are allowed to draw on their own experiences and specialized training to make inferences from and deductions about the cumulative information available.” Upper Saddle River, NJ

Minnesota v. Dickerson (1993) “If an officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes it immediately apparent there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons.” Upper Saddle River, NJ

 All of the following conditions must apply. 1. Probable cause to believe that evidence was concealed on the person searched. 2. Probable cause to believe an emergency threat of destruction of evidence existed. 3. No prior opportunity to obtain a warrant authorizing the search. 4. The action was no greater than necessary to eliminate the threat of destruction of evidence. Upper Saddle River, NJ

 Investigating crime is making greater use of high-technology devises and practices, such as thermal imaging devises.  If the government searches a home using a device that is not something used by the general public, and that shows something that wouldn’t be learned without entering the house, then a warrant is required. 31

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ An interrogation refers to the information- gathering activity of police officers that involves the direct questioning of suspects. During an interrogation, there must be no:  Physical abuse  Inherent coercion  Psychological manipulation

Must have TWO things for Miranda to apply: 1. Person is “in-custody” – arrest or just being detained and not free to leave 2. Person is being interrogated – being asked questions that are incriminating

CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ You have the right to remain silent. 2. Anything you say can and will be used against you in a court of law. 3. You have the right to talk to a lawyer and to have a lawyer present while you are being questioned. 4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning. 5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time.

A waiver of Miranda rights can be done if such a waiver is voluntary, knowing, and intelligent. Silence is not a waiver. 35

New York v. Quarles (1984) Considerations of public safety were overriding and negated the need for rights advisement prior to limited questioning that focused on the need to prevent further harm. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

In Unit 3, chapter 6 you learned about the 5 core operational strategies and 1 ancillary operational strategy that are employed by law enforcement agencies to fight and reduce crime.

There are five core operational strategies, each with unique features: 1. Preventive patrol 2. Routine incident response 3. Emergency response 4. Criminal investigation 5. Problem solving Additionally, there is a 6 th ancillary operational strategy: support services.

Patrol is designed to: 1. Deter crimes 2. Interrupt crimes in progress 3. Position officers for quick response to emergencies 4. Increase the public’s feeling of safety and security

Routine incident responses include restoring order, documenting information, or provide another immediate service to the parties involved in routine occurrences such as minor traffic accidents.  This is the second most common police activity.  Having a good response time is strongly linked to citizen satisfaction.

Emergency responses (or critical incidents ) occur in response to crimes in progress, serious injuries, natural disasters, and other situations in which human lives may be in jeopardy.

Criminal investigations dominate media attention but constitute a relatively small proportion of police work. An investigation involves discovering, collecting, preparing, identifying, and presenting evidence to determine what happened and who is responsible.

Problem solving policing requires: Gathering knowledge of problem causes Developing solutions in partnership with the community Responding with a workable plan Assessing the progress

Support services are ancillary services such as dispatch, training, personnel, property control, and record-keeping that keep agencies running.

PPT MUST cover 2 things: 1. Identify and summarize the five core operational strategies and one ancillary operational strategy of law enforcement 2. Explain how these strategies are used by law enforcement agencies to achieve their crime fighting goals.

In Unit 3 you will see a link that says Midterm PowerPoint Project. Click on that link and you will be able to read all of these directions. You will also be able to scroll down and read about all the wonderful PPT resources, including a Template that you can use.