Welcome to CJ 101!! Kaplan University Professor Chad Rosa Unit 4

Kaplan University Once again, a few reminders………

Your Professor – Me Minnesota – southern metro area Over 18 years of criminal justice experience including: private security, state patrol, municipal patrol officer and school resource officer

Online Learning at KU KU stands for Kaplan University Each class is 10 weeks long Each week is called a Unit Each unit has several graded items – check the gradebook!!

Online Learning at KU Each unit/week starts on Wednesday & ends at 1159 pm EST on Tuesday Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Online Learning at KU Want to be successful in my class? The following are the secrets…

Reading Each unit has a reading link – which tells you which chapter(s) to read Electronic book/chapters in docsharing Powerpoints – Read both Start your work for each Unit early – DON’T wait until the end of the week to complete your work

Discussion Questions Each unit has a discussion board question Always answer the question with at least a 100 word response Always “reply” to one other student for each question. Must give good input and thought – not “good post” etc

Quizzes Many units will have a quiz You can always retake a quiz to get a better grade – most recent score is kept However, quizzes are only open during the unit, never accepted late

Seminars EASTERN TIME No seminar during units 5 or 10 Participation & quality input If you miss a seminar – alternate assignment to DocSharing, NOT Dropbox

Seminars If you miss a seminar – Review the instructions in the seminar link of each unit. To receive credit for the seminar if you are unable to attend, you are required to write a 1 page paper summary on what we covered. Review the seminar archive for additional information. Submit your assignment using the Doc Sharing tab. Select the option to send to your instructor only.

More Success Go in to DocSharing and print out my example paper and EXACTLY follow that format MUST write all papers in a Microsoft Word document MUST write in Times New Roman size 12 font and double space Cover/title page, body of text and reference page

Gradebook Always check your grade book Click on each individual grade so you can read my comments You can always redo and resubmit any work for a better grade – BUT only within ONE week For example, you receive a low grade on your Unit 2 paper – you have until the end of Unit 3 to resubmit it if you want to

Late Work Late work will only be accepted one week late – for up to full credit After one week – no credit will be given

Unit 3 Recap!! Graded items: Discussion board Quiz Seminar Matching Project 0 points – read grade book comments.

What do I have to do to complete this unit? Read Chapters 7 & 8 Discussion Board Attend the Seminar Complete the Quiz

THE NEXT FEW SLIDES ARE VERY IMPORTANT PLEASE GIVE ME YOUR ATTENTION

Unit 4 Discussion Board Miranda v Arizona Must go to these websites to read about Miranda:

Unit 4 Discussion Board Miranda v Arizona Must have TWO things for Miranda to apply: Person is “in-custody” – arrest or just being detained and not free to leave Person is being interrogated – being asked questions that are incriminating

A Look Ahead…Unit 5 Midterm PowerPoint 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.

A Look Ahead…Unit 5 Midterm PowerPoint There are five core operational strategies, each with unique features: Preventive patrol Routine incident response Emergency response Criminal investigation Problem solving Additionally, there is a 6th ancillary operational strategy: support services.

A Look Ahead…Unit 5 Midterm PowerPoint MUST cover 2 things: Identify and summarize the five core operational strategies and one ancillary operational strategy of law enforcement Explain how these strategies are used by law enforcement agencies to achieve their crime fighting goals

A Look Ahead…Unit 5 Midterm PowerPoint In Unit 5 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.

StrengthsQuest During Unit 5 you will take the StrengthsQuest survey. Your access code is in the Announcement section. If you don’t have one or if it doesn’t work, you must the help desk at: You will be discussing your strengths in the Unit 6 DB question.

What do I have to do to complete this unit? Review Key Terms Read Chapters 7 and 8 Respond to the Discussion Board Complete Quiz Attend Seminar Visit Take A Break: Podcast: CIA Director on the Fourth Amendment Video: Current Fourth Amendment Issues PowerPoint: Chapters 7 and 8

Unit 4 Policing: Legal Aspects Unit 4 examines the responsibilities of policing as related to upholding the constitution. Further, it examines, the methods used to combat crime, and the growing role of technology in policing.

Policing: Legal Environment No one is above the law…not even the police.

Unit 4 – Policing Policing: Legal Environment 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.

Unit 4 – Policing Changing Legal Climate 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.

Search and Seizure: The Fourth Amendment The Fourth Amendment protects one’s privacy from unreasonable searches and seizures.

Unit 4 – Policing What is the fruit of the poisoned tree doctrine?

Unit 4 – Policing The Exclusionary Rule Weeks v. U.S. (1914) established the exclusionary rule. Illegally seized evidence cannot be used in a trial. This rule acts as a control over police behavior. The decision was only binding to federal officers. Mapp v. Ohio (1961) extended the rule to the states. The 14th Amendment due process applies to local police, not just federal officers.

Unit 4 – Policing Fruits of Poisoned Tree Silverthorne Lumber Co. v. U.S. (1918) Because illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal seizure.

Reasonable Suspicion Versus Probable Cause 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.

Unit 4 – Policing Describe the circumstances under which police officers may search vehicles and the extent to which such searches are permissible…

Unit 4 – Policing Fleeting Targets: Vehicle Searches Investigatory stops of vehicles required reasonable suspicion. Warrantless searches of vehicles must be based on probable cause (fleeting-targets exception). Mobility of vehicles would allow them to quickly flee. Warrants are necessary if time and circumstances permit them.

Unit 4 – Policing Vehicle Searches If probable cause exists or if permission is granted, warrantless vehicle searches can extend to any area of the vehicle, including: the trunk the glove compartment sealed containers within the vehicle

Unit 4 – Policing Vehicle Searches A permissible search of a motor vehicle does not automatically extend to a search of a person within the vehicle. Occupants can be ordered to step out of the vehicle.

Unit 4 – Policing Vehicle Searches Illinois v. Caballes (2005) The use of a drug-sniffing dog during a routine and lawful traffic stop is permissible and may not even be classified as a “search” under the Fourth Amendment.

Unit 4 – Policing Explain how the need to ensure public safety justifies certain suspicionless searches…

Unit 4 – Policing Suspicionless Searches Suspicionless searches may be necessary in order to ensure public safety. Such searches must be based on compelling interests. Suspicionless sweeps of busses, trains, planes, and city streets are permissible, as long as: Police ask permission Police do not coerce people to consent Police do not convey the message that compliance is necessary

Unit 4 – Policing Suspicionless Border Searches Suspicionless searches of vehicles at our nation’s borders are permitted, even when searches are extensive. U.S. v. Flores-Montano (2004) “The Government’s authority to conduct suspicionless inspections at the border includes the authority to remove, disassemble, and reassemble a vehicle’s fuel tank.”

Unit 4 – Policing Describe the nature of electronic evidence, and explain how first-on-the-scene law enforcement personnel should handle it…

Unit 4 – Policing High-Technology Searches 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.

Unit 4 – Policing Gaining Electronic Evidence Proper digital criminal forensics has become increasingly important in today’s modern times. Electronic evidence is of special concern because it: is latent can transcend national and state borders quickly and easily is fragile and can easily be altered, damaged, compromised, or destroyed by improper handling or improper examination may be time sensitive

Unit 4 – Policing Warrantless Searches of Electronic Evidence U.S. v. Carey (1999)—A federal appellate court held that the consent a defendant had given to police for his apartment to be searched did not extend to the search of his computer once it was taken to police station. U.S. v. Turner held that the warrantless search of a personal computer while in the defendant’s apartment exceeded the scope of his consent.

Policing Issues and Challenges “The police at all times should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and that the public are the police.” - Sir Robert Peel, 1829

Contemporary Policing What are some issues and challenges facing police officers and administrators? Everybody take a shot!!

Contemporary Policing Issues and challenges facing police officers and administrators: Police personality and culture Corruption and integrity Dangers of police work Police use of force Racial profiling Police civil liability Policing in a multicultural society

Violence in the Line of Duty Most officers who are shot are killed by lone suspects armed with a single weapon. In 2006, 146 American law enforcement officers were killed in the line of duty. The 2001 attacks on the World Trade Center resulted in the greatest ever single-incident line of duty deaths when 72 officers perished.

U.S. Enforcement Officers Killed in Law the Line of Duty, 2006

Unit 4 Requirements Read Chapter 7 AND 8 Attend the Weekly Seminar Respond to the Discussion Board – 100 word answer and respond to at least one other student Take the Quiz Complete everything by Tuesday at 1159pm EST

Good Night That is all I have for tonight!! Have a great upcoming week!!