Chapter 5 Legal Issues in Criminal Investigation

Chapter Objectives Identify the legal guidelines for conducting searches. Explain the exception to the exclusionary rule. Summarize what information must be contained on a search warrant. Explain when warrantless searches are authorized by law. continued on next slide

Chapter Objectives Define an arrest. Explain what is required for an arrest to be legal. Explain when police officers can use force. Explain when police officers can use deadly force.

Identify the legal guidelines for conducting searches. Learning Objective 5.1 Identify the legal guidelines for conducting searches.

Legal Guidelines for Conducting Searches Probable cause The minimum amount of information necessary to warrant a reasonable person to believe a crime has or is being committed by a person who is about to be arrested continued on next slide

Legal Guidelines for Conducting Searches Exclusionary rule Excludes evidence that was obtained illegally, even though the evidence may be relevant and material continued on next slide

Legal Guidelines for Conducting Searches Cases relating to the exclusionary rule Weeks v. United States (1914) Silverthorne Lumber Co. v. United States (1920) Mapp v. Ohio (1961) continued on next slide

Legal Guidelines for Conducting Searches Search incident to lawful arrest Chimel v. California (1969) A search made incidental to a lawful arrest must be confined to the area around the suspect's immediate control.

Explain the exceptions to the exclusionary rule. Learning Objective 5.2 Explain the exceptions to the exclusionary rule.

Exceptions to the Exclusionary Rule Good faith exception United States v. Leon (1984) Inevitable discovery doctrine Nix v. Williams (1984) Computer errors exception Arizona v. Evans (1995)

Summarize what information must be contained on a search warrant. Learning Objective 5.3 Summarize what information must be contained on a search warrant.

Search Warrants Search warrants are valuable investigative tools. Authorize search of homes, businesses, and vehicles of suspects Typically result in the arrest of multiple suspects Expedite investigation and subsequent case closure continued on next slide

Search Warrants Search warrants allow officers to enter a designated location or structure and search for specific items. continued on next slide

Search Warrants Specific information in the search warrant Location to be search Objects being sought Probable cause indicating property to seize Signature of judge authorizing the search continued on next slide

Search Warrants Anticipatory search warrant Probable cause particular evidence of a crime will be located at a particular place May not be executed until the triggering condition occurs United States v. Grubbs (2004)

Explain when warrantless searches are authorized under law. Learning Objective 5.4 Explain when warrantless searches are authorized under law.

Warrantless Searches Exceptions to search warrants Consent searches Searches under exigent circumstances Searches incident to lawful arrest Stop-and-frisk searches Plain-view searches Automobile searches Open-field searches continued on next slide

Warrantless Searches Consensual encounter Investigative detention Police contact that does not involve an interrogation or arrest Investigative detention Statements or other circumstances from an individual create reasonable suspicion to believe the person has committed, is committing, or is about to commit a crime.

Learning Objective 5.5 Define an arrest.

Arrest Arrest The official interaction between a peace officer and a suspected lawbreaker when the suspect is captured and delivered before the court

Explain what is required for an arrest to be legal. Learning Objective 5.6 Explain what is required for an arrest to be legal.

Legal Arrest Requirements Probable cause exists for arrest. Stansbury v. California (1994) Payton v. New York (1980) County of Riverside v. McLaughlin (1991) Draper v. United States (1959) Brinegar v. United States (1949) continued on next slide

Legal Arrest Requirements Police intervention classifications Contact Consensual encounter Investigative detention Arrest continued on next slide

Legal Arrest Requirements Terry stop Brief Conducted efficiently Confined to investigating the suspicion that prompted the stop continued on next slide

Legal Arrest Requirements A person is considered under arrest when their liberty is restrained and they are brought under an officer's control.

Explain when police officers can use force. Learning Objective 5.7 Explain when police officers can use force.

Police Use of Force Three legitimate forms Self defense Control of those under one's care and custody Institution of a police group continued on next slide

Police Use of Force Graham v. Connor (1989) Use of force for two reasons Defense Control continued on next slide

Police Use of Force Determining reasonable force Severity of the crime committed Immediate threat to safety Resist arrest or attempt to flee

Explain when police officers can use deadly force. Learning Objective 5.8 Explain when police officers can use deadly force.

Figure 5–5 Decision Model: The Deadly Force Triangle Figure 5–5 Decision Model: The Deadly Force Triangle. Source: From Olson, D. T. (1998). Improving deadly force decision making. FBI Law Enforcement Bulletin February: 1–8.

Police Use of Deadly Force Fleeing-felon rule allows reasonable deadly force under three circumstances. Preventing escape when the suspect has threatened an officer with a weapon Threat of death or serious injury to the officer or others continued on next slide

Police Use of Deadly Force Fleeing-felon rule allows reasonable deadly force under three circumstances. Probable cause to believe the suspect has committed a crime involving infliction or threatened infliction of serious physical injury, and when practical some warning has been given by the officer

Chapter Summary Investigators must remember they not only must have legal grounds to begin a search, but while conducting the search they must not contaminate any evidence. The exclusionary rule states that courts will exclude any evidence that was illegally obtained even though it may be relevant material. continued on next slide

Chapter Summary The search warrant is one of the most valuable tools in criminal investigation. Depending on certain statutory restraints, an officer can make an arrest without an arrest warrant provided probable cause exists. continued on next slide

Chapter Summary An arrest is the act of the police officer taking a person into custody after establishment of probable cause based on the totality of circumstances. Probable cause is required for an arrest. continued on next slide

Chapter Summary Police are granted specific legal authority to use force under certain conditions. An officer's force response is dependent on the suspect's level or threat of resistance.