PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Criminal Procedure CJ 227 Agenda for Seminar 1 Welcome Syllabus/Comments Learning Objectives Seminar Topic- Fourth Amendment Adjournment

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Federal Courts Hierarchical Organization Supreme Reviewing Lowest

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Creation of Federal Courts How were the federal courts created?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Section 1 Article III U.S. Constitution

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Language of Constitution “One Supreme Court and…such inferior Courts as Congress may from time to time ordain and establish”

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Levels of the Federal Courts Name the three levels of the federal court from lowest to highest. What are the duties of each?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Federal Level Court Names Federal District Court Duties Federal Circuit Court of Appeals Duties The United States Supreme Court Duties

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Jurisdiction What does it mean?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Types of Jurisdiction Original Limited Exclusive Concurrent

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Original Jurisdiction What is original jurisdiction?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Original Jurisdiction Jurisdiction in the first instance. Jurisdiction to take cognizance of a cause at it’s inception, try it and pass judgment upon the law and facts. Supreme Court original jurisdiction US v. state, state v. state, cases involving foreign ministers, ambassadors counsels, state v. citizens of another state.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Limited Jurisdiction Jurisdiction which is confined to particular causes or which can be exercised under the limitations prescribed by the statute. Examples?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Jurisdiction Exclusive Concurrent

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Fourth Amendment The Fourth Amendment of the United States Constitution provides that, “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 describing the place to be searched, and the person to be searched.”

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Warrant Clause How do we define probable cause? P.68-Probable Cause is an objective test that requires the facts to be such as would warrant a belief by a reasonable person that criminal conduct has occurred or is about to occur.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Warrant Clause If a warrant is issued, the burden on the state to establish probable clause is lessened Why? Do most arrests occur with or without warrants?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Reasonableness Clause How does one define reasonableness?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Right to Privacy What is the Expectation of Privacy zone?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Exclusionary Rule What is it? What is the name of the case that established the Exclusionary Rule? What is the name of the case that applied to Exclusionary Rule to the States?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Exclusionary Rule What evidence is inadmissible by use of the Rule? Would there be another way, besides the Exclusionary Rule to prevent unreasonable searches and seizures? Exceptions…..

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Some Exceptions for Exclusionary Rule Inevitable discovery Valid independent source Harmless error Good faith

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Some Exceptions to the Fourth Amendment Consent Plain View Exception Search without a warrant incident to a valid arrest (scope issues) Automobile Exception (car legally stopped) Open Fields Exigent Circumstances Abandonment

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Application and Analysis The following case study presents issues related to various levels of police encounters with a suspect and potential criminal evidence and the legal justification required for those encounters. Case Study: Officer Smith is on routine night time patrol when he notices the vehicle in front of him appears to have a broken taillight which appears to be covered with colored tape. He directs the driver to pull the car to the side of the road. The car is an older model gold Pontiac and as Officer Smith walks to the driver-side of the vehicle, he remembers that a car fitting this general description was the suspected car in a recent road side killing of a fellow police officer. Wanting to make sure that he is safe, he asks the female driver to step out of her vehicle for a brief pat-down for weapons. He pats her down and finding no weapons, Officer Smith asks the driver to have a seat back inside her vehicle. He then asks her for her driver’s license and registration. Instead of providing her driver’s license and registration, the driver speeds away resulting in a high speed chase. The chase ends when the fleeing car hits a telephone pole and crashes. Concerned that the car may ignite in flames from a leaking gas tank, Officer Smith removes the unconscious woman to a safe distance from the vehicle. He returns to the vehicle to locate her purse for identification. As he enters the vehicle, he notices the glove compartment has popped open and that underneath some documents is a gun which he retrieves. He also retrieves the driver’s purse from the floor on the passenger side of the vehicle. He opens the purse to get the woman’s identification and finds what appears to be a baggie of marijuana. It is later determined that this vehicle was not the car involved in the shooting death of the fellow officer. It is also later determined that the taillight was not broken.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Application and Analysis Please answer the following questions explaining your answer in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms; and citing legal authority (your text and other legal authority) to support your conclusions in a page paper (excluding the title page and reference page): 1. Did Officer Smith have reasonable suspicion to make the initial stop of this vehicle? 2. Was the “pat-down” of the driver legal? 3. Did exigent circumstances exist for Officer Smith to give chase to this vehicle? 4. Was the gun in “plain view” and legally obtained? 5. Will the marijuana baggie be admissible evidence? (PLEASE NOTE: This project will require outside research) The paper should contain a cover page and a list of references in APA format. All internal citation of outside sources plus the listing of all references should also adhere to APA format. All text pages should be double-spaced and in 12-point font.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Adjournment Have a great week. Finish Discussion Board Q’s Take Quiz Review Application and Analysis Paper Check weekly announcements