Unit 6 Seminar Rule of Law: Expounding the Constitution 4 th -5 th -6 th Amendments

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 We are moving… Unit One – History of Policing Unit Two – Local, State & Federal Agencies Unit 3 – Patrol Unit 4 – Unit 5 – Mid-Term Essay

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 4 Unit Four, Five and Six Assignments Seminar Discussion Board – Undercover Operations Quiz Reading (Chapter 6 – Community Policing and Chapter 7 – Criminal Investigation) Unit 5 Essay Seminar Discussion Board Quiz Reading (Chapter 8 – Rule of Law and Chapter 9 – Accountability) Unit Four & Unit Five Unit Six

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 Unit 5 Paper – Example Submitted by a Nevada State Prison Guard There are several instances where all of the levels of jurisdiction work together. For example, a recent escape from a prison in northern Nevada involved several of these agencies. After the inmate escaped, the FBI provided assistance by analyzing letters written by the inmate that were written in code. The US marshals assisted by Nevada Parole and Probation and the Nevada Department of Corrections tracked the inmate's movement in the Las Vegas area. Finally, the inmate barricaded himself in a house with two hostages. Las Vegas Metro SWAT entered the house and arrested the inmate with no injury to the hostages. This was a great example of teamwork by all of the agencies involved.

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 6 City offers $6.2 million to settle arrests at 2003 war protest – Chicago Tribune Chapter 9 - Accountability

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Unit 6 Assignments Did you take advantage of the break? Unit 6 quiz Unit 6 discussion board – Miranda warnings Unit 6 Seminar – A lot of Information Have not finished grading unit 5 papers Review your grade report-submit work!

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 8 Unit 5 Mid term Review 2 questions- 3 levels of law enforcement and Vollmer Important to cite accurate and workable sources of information Paraphrase and summarize Do not copy and paste In line references and the reference page

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 9 Book (One Author) Reference: Comer, R.J. (2010). Abnormal psychology. New York, NY: Worth. In-Text: (Comer, 2010, p.25)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Magazine Article (One Author) Reference: Kandel, E.R. (2000, November 10). Neuroscience: Breaking down scientific barriers to the study of brain and mind. Science, 290, In-Text: (Kandel, 2000, p.1119)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 11 Web Site Reference: Leary, P. Victoria Research Web. N.p. July Web. 31 July ttp://victorianresearch.org/ In-Text: (Leary)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 Unit 7 Project Paper Read the scenario in unit 7 Additional directions are under the assignment tab Use the questions to help guide you when writing the paper Paper must be in narrative format not question and answer

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 Overview – 4 th Amendment Protect Against Illegal Search and Seizure Secure in our Person House Papers Effects

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Overview – 4th Amendment Mapp v. Ohio p. 226 Terry v. Ohio p. 235 Exclusionary Rule (Weeks v. United States) Exigent Circumstances Habeas Corpus Reasonable Suspicion Probable Cause Stop and Frisk

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 Overview – 5th Amendment Protect citizens from: Self Incrimination Double Jeopardy Eminent Domain – Property Protection Entrapment – p. 243 *Miranda, Taking the fifth

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 Overview – 6 th Amendment Speedy Trial Impartial Jury Confront Accusers (Witnesses) Right to Counsel – p. 244 Right to know the charges against you

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 Questions Can the police just arrest anyone? What is reasonable suspicion? What are the standards?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 19 Reasonable Suspicion A crime is being committed A crime is about to committed A crime has just been committed Totality of circumstances Terry v. Ohio (p. 235, Peak)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 20 Can you arrest? Known Gang Member A person standing on the street

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 21 Let’s add some information No one else around Dark Clothes Looking around No bus stop Pattern of theft from vehicles Clothes do not fit the weather

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 22 Police – Citizen Encounters Consensual Always free to leave Citizens, Witnesses Temporary Detention Terry Stop – Reasonable Suspicion of criminal activity Arrest Probable Cause Established – Not Free to Leave

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 23 Movie time Definition of probable cause 4hL-5mrg&feature=related 4hL-5mrg&feature=related Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 24 Probable Cause Standard for legal arrest More than a mere hunch yet less than actual knowledge Probable cause must exist before the arrest Totality of the circumstances Officer’s knowledge of the facts at time of arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 25 Arrests With a warrant The best way for the police to effect an arrest is with a warrant Officer or person swears in a affidavit facts to establish probable cause A neutral magistrate issues the arrest warrant if he or she agrees that probable cause exists No exigent circumstances

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 26 Arrests Warrantless Arrests Requires exigent circumstances – no time for a warrant with probable cause In a 1979 decision, the Court ruled that police may not randomly stop a single vehicle to check driver’s license and registration only without Vehicle violation

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 27 Arrests In 1990, the Court ruled that the stopping of all vehicles passing through sobriety checkpoints did not violate the Constitution Police are not required to give drunk- driving suspects Miranda warnings Police may arrest everyone in a vehicle in which drugs are found Road blocks to collect information about a crime allowed

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 28 Arrests Writ of habeas corpus A writ requiring an incarcerated person to be brought before a judge for an investigation of the restraint of that person’s liberty The means of remedying wrongful arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 29 Movie time Probable cause and searches tEnV1yg tEnV1yg Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 30 Fourth Amendment Intended to limit overzealous behavior by the police Search and seizure Right to privacy versus society right to search Should police have the right to warrantless searches?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 31 Fourth Amendment Exclusionary Rule All evidence obtained in violation of the Fourth Amendment be excluded from government’s use in a criminal trial Weeks v. United States (1914) Olmstead v. United States (1928)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 32 Search and Seizure Incident to lawful arrest Search allowed for valid arrest Reasonable under 4 th amendment Protective sweep of premise for safety Field interrogation Terry v. Ohio (1968) Detain without probable cause

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 33 Search and Seizure Plain view searches Searches with consent Schneckloth v. Bustamonte (1973) Can deny request for consent What is considered consent to search? Is there freedom to say no to police?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 34 Fifth Amendment Right against self-incrimination Does not include blood samples, handwriting and others not considered to be testimony Prevents torture and other means to obtain confession Miranda v. Arizona (1966) Once arrested, warnings must be given before interrogation We can continue Miranda discussion on unit 6 discussion board

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 35 Movie time Right to Counsel AkeMpggZpghttp:// AkeMpggZpg Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved th Amendment Speedy and public trial Impartial jury of the state Informed of all charges Confront witnesses Right to counsel

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 37 Goodnight Remember to post early responses to discussion board Review grade report for missing assignments Complete unit 6 quiz Submit 200 word paper for missed seminars AIM: mkrupnik309