Slide 1 A Free sample background from © 2006 By Default! Chapter 7 Introduction to Criminal Justice

Slide 2 A Free sample background from © 2006 By Default! 4 th Amendment Rights Right to be free from “unreasonable searches and seizures” “Probable cause” must exist for a warrant to be issued authorizing a search No specific and definite meaning for “reasonable” Has been interpreted as practical, logical, fair, sensible, plausible

Slide 3 A Free sample background from © 2006 By Default! 4 th Amendment Probable cause for a search warrant: –Reasonable grounds to believe that a specific item is being held in a specific place in violation of the law, or which is evidence of a crime Probable cause for an arrest warrant: –Reasonable grounds to believe that a specific person has violated a specific law

Slide 4 A Free sample background from © 2006 By Default! Sources of Probable Cause Officer observation; based on training and experience –May not be obviously criminal behavior Victims, eyewitnesses, informants, and official sources ---Must be reliable Evidence---guns, stolen items, contraband Association---Person with criminal record in place where crime is occurring ---Not usually adequate alone for probable cause

Slide 5 A Free sample background from © 2006 By Default! Probable Cause Framework Probable cause limits situations in which officers can make arrests Also gives officers freedom to act within framework Once arrest is made, officer must prove to Judge probable cause existed Judicial determination must be made within 48 hours of arrest

Slide 6 A Free sample background from © 2006 By Default! Exclusionary Rule Any evidence obtained in violation of the accused rights cannot be admitted. Includes evidence derived from other illegally obtained evidence (“Fruit of the poison tree”) Forces police to gather evidence properly Not to reward offender, but to insure legal procedures are followed Censures law enforcement for misbehavior

Slide 7 A Free sample background from © 2006 By Default! Stops and Frisks Approved by Supreme Court in Terry v. Ohio case When reasonable suspicion exists, officers may: –Briefly detain a suspect they believe suspicious –If they believe them armed, pat outer clothing for weapons

Slide 8 A Free sample background from © 2006 By Default! Reasonable suspicion for “stop and frisk?” Stop (brief detention of person)---Officer believes crime is about to occur, or has taken place Time limitation (Example)---90 minute detention at airport was unreasonable Frisk (weapons pat down)---Officer reasonably believes person to be armed; pat down is to protect officer and others Must not be “fishing expedition” to find other evidence

Slide 9 A Free sample background from © 2006 By Default! Stop In a “stop,” are you required to give your name? The courts have ruled that officers can require individuals to identify themselves.

Slide 10 A Free sample background from © 2006 By Default! 4 th Amendment –Terry v. Ohio – Case circumstances Police observed three men acting strangely They were walking past a store, peering in the window, stop at the corner and confer Police believed they were “casing” the store Officer approached the men, asked for identification After receiving a mumbled response, he frisked the men and found two handguns The men were arrested and convicted of carrying concealed weapons Supreme Court ruled that the officer’s suspicion was reasonable and he could search for his own protection

Slide 11 A Free sample background from © 2006 By Default! Arrest Definition: to take into custody a person suspected of criminal activity Could result from stop and frisk Deprivation of liberty---Requires full protection of the constitution Requires probable cause, not just reasonable suspicion (like stop and frisk)

Slide 12 A Free sample background from © 2006 By Default! Question??? Define the difference between stop and arrest

Slide 13 A Free sample background from © 2006 By Default! Elements of Arrest Officer intends to make arrest Officer has authority to make arrest Detention of the subject results Person understands he has been arrested

Slide 14 A Free sample background from © 2006 By Default! Arrest Free to leave test: When would a reasonable person believe that he/she is not free to leave?

Slide 15 A Free sample background from © 2006 By Default! Arrests with a warrant Issued by judge or magistrate After confirming officers had established probable cause Identifies suspect and crime they are alleged to have committed

Slide 16 A Free sample background from © 2006 By Default! 4 th Amendment Does an officer, armed with a warrant have to knock and announce before entering a home?

Slide 17 A Free sample background from © 2006 By Default! Arrest with a warrant Courts generally require police knock and announce identity before entering a home There are exceptions, based on exigent circumstances: –Suspect is armed and poses threat of violence to officers –Persons inside are in process of destroying evidence –A felony is being committed as officers enter Recent court decisions have expanded exceptions

Slide 18 A Free sample background from © 2006 By Default! Arrests without a warrant When offense is committed in presence of officer Officer has knowledge a crime has been committed, and suspect is responsible Traditionally, officers could arrest without a warrant for misdemeanors only if committed in their presence This “misdemeanor requirement” has been relaxed to allow misdemeanor arrests in most places on probable cause

Slide 19 A Free sample background from © 2006 By Default! 4 th Amendment “The right of the people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures.” This is a right to privacy – a reasonable expectation of privacy Individual must prove he expected privacy Society must recognize the expectation as reasonable

Slide 20 A Free sample background from © 2006 By Default! Questions of Privacy—Small Groups 5 points Reasonable expectation of privacy: –Can a police officer seize and search your garbage that you put on the curb to be picked up by the garbage collectors? _____ Yes_____ No Should an individual making drug deals from a public phone booth have a reasonable expectation of privacy? _____ Yes_____ No Why or why not?

Slide 21 A Free sample background from © 2006 By Default! Search Warrants Order from Judge authorizing police to search a certain area Must demonstrate to a Judge: –Probable cause that a crime was committed –Specific information of the premises to be searched –Suspects expected to be found there –Illegal activities taking place –Items to be seized

Slide 22 A Free sample background from © 2006 By Default! Search warrant requirements Officer must prepare affidavit to go to Judge Items which can be seized during search: ---Results of the crime ---Items inherently illegal for anyone to possess ---Evidence of crime ---Items used in committing crime

Slide 23 A Free sample background from © 2006 By Default! Searches and seizures without a warrant Plain View doctrine – Supreme Court has ruled that an officer may seize evidence if that evidence is in plain view Hot pursuit Searches incidental to arrest – As long as the original arrest was based on probable cause, the officer may search the subject –For safety of officer –Protect any evidence on suspect’s person

Slide 24 A Free sample background from © 2006 By Default! Search and seizures without a warrant Consent searches – the subject gives the officer permission to search –Must be voluntary –Critics say that many people are intimidated and many do not understand that they have the option not to comply –Supreme Court ruled that as long as the officer does not improperly coerce the person, they are not required to inform of a choice in the matter

Slide 25 A Free sample background from © 2006 By Default! Searches and seizures without a warrant Searches of automobiles: –An investigatory stop is permissible under the 4 th Amendment if supported by reasonable suspicion and a warrantless search of a stopped car is valid if it is based on probable cause –Fleeting Targets of exception – since a vehicle is mobile, it could go down the road and the subjects destroy the evidence; see Carroll v. United States –By the time police communicate with Judge for a warrant, vehicle could be gone –Must have probable cause to believe vehicle contains contraband or evidence of criminal activity

Slide 26 A Free sample background from © 2006 By Default! Search and seizure Exception to the warrant requirement; top of page 175.

Slide 27 A Free sample background from © 2006 By Default! Exceptions Incident to a Lawful arrest Consent Stop and Frisk Hot Pursuit Automobile Exception Plain view Abandoned property Border Searches Inevitable Discovery

Slide 28 A Free sample background from © 2006 By Default! 4 th Amendment Electronic surveillance: wiretaps and bugs may be used if: –Consent is given by one of the parties –Warrant authorizing the use of the device –USA Patriot Act of 2001 – moved from probable cause to “serves a significant purpose” in gathering foreign intelligence This allows a federal agent to randomly search Web sites and chat rooms

Slide 29 A Free sample background from © 2006 By Default! “Sneak and peek” searches Allow law enforcement to search home or seize property Without notifying target of search If agents believe notification would: –Endanger public safety –Lead to destruction of evidence –Jeopardize on-going investigation

Slide 30 A Free sample background from © 2006 By Default! 5 th Amendment Protects against self-incrimination A confession cannot be physically coerced Defendant has a right to a lawyer in custodial interrogations (while arrested) Interrogation: Direct questioning of suspect to gather evidence of criminal activity and attempt to gain a confession

Slide 31 A Free sample background from © 2006 By Default! Miranda v. Arizona case U. S. Supreme Court case in 1966 Established that criminal suspects had a right under 5 th amendment to be informed by police of certain rights when arrested Rights related to attorney representation and right to remain silent

Slide 32 A Free sample background from © 2006 By Default! Police interrogation Court ruled in Miranda case there is inherent coercion in police interrogation Not physical, but pressure to divulge information –Lights in the eyes –Long hours of questioning –Leave suspect alone in room for hours

Slide 33 A Free sample background from © 2006 By Default! Miranda Rights List all of the Miranda warnings

Slide 34 A Free sample background from © 2006 By Default! Miranda Warning Right to remain silent; If you give up that right, Then anything you say can and will be used against you You have the right to talk to an attorney and have the attorney present while you are being questioned If you cannot afford an attorney, one will be appointed for you If you answer questions without a lawyer here and now, you have the right to stop answering questions at any time

Slide 35 A Free sample background from © 2006 By Default! Wavier of Miranda Do you understand these rights? (Answer must be yes.) Knowing your rights, are you willing to talk to another law enforcement officer or me? (Answer must be yes.) Do you wish to answer questions without a lawyer present? (Answer must be yes.)

Slide 36 A Free sample background from © 2006 By Default! Miranda Warning When is Miranda required?

Slide 37 A Free sample background from © 2006 By Default! Miranda Warning Arrest and custody are the Miranda triggers and before questioning When does Miranda not apply? –When asking no testimonial questions –When officers have not focused on a suspect and are questioning witnesses at a crime scene –When a suspect has given a private statement to a friend –During a stop and frisk, when no arrests have been made –During a traffic stop –Suspect volunteers information

Slide 38 A Free sample background from © 2006 By Default! Erosion of Miranda Several recent court cases have weakened the requirements of Miranda (Fig. 7.4, p. 183) Have granted a larger number of exceptions to Miranda requirements Some say videotaped interrogation and confessions may eliminate necessity of Miranda warnings

Slide 39 A Free sample background from © 2006 By Default! Issue: Racial Profiling Larger number of minority groups are stopped and searched by officers “Driving while Black” phenomenon Officers respond to behavior or characteristics which are “different” For white officers, can include race and ethnicity Some believe profiling is effective in certain instances (after 9/11) Many agencies (state and federal) have banned racial profiling