Criminal Procedure Mr. Whitaker

Vocabulary Arrest—to take into custody a person suspected of criminal activity. Arrest—to take into custody a person suspected of criminal activity. Arrest Warrant—a written order, based on probable cause and issued by a judge or magistrate, commanding the person named on the warrant be arrested by the police. Arrest Warrant—a written order, based on probable cause and issued by a judge or magistrate, commanding the person named on the warrant be arrested by the police. Consent Search—search by police that are made after the subject of the search has agreed to the action. Consent Search—search by police that are made after the subject of the search has agreed to the action. Custody—the forceful detention of a person, or the perception that a person is not free to leave the immediate vicinity. Custody—the forceful detention of a person, or the perception that a person is not free to leave the immediate vicinity.

Vocabulary Exclusionary Rule—a rule under which any evidence that is obtained in violation of the accused’s rights will not be admissible in criminal court. Exclusionary Rule—a rule under which any evidence that is obtained in violation of the accused’s rights will not be admissible in criminal court. Frisk—a pat-down or minimal search by police to discover weapons; conducted for the express purpose of protecting the officer or other citizens. Frisk—a pat-down or minimal search by police to discover weapons; conducted for the express purpose of protecting the officer or other citizens. Plain View Doctrine—the legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence. Plain View Doctrine—the legal principle that objects in plain view of a law enforcement agent who has the right to be in a position to have that view may be seized without a warrant and introduced as evidence. Probable Cause-reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person. Probable Cause-reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

Vocabulary Search—the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial. Search—the process by which police examine a person or property to find evidence that will be used to prove guilt in a criminal trial. Search Warrant—a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence. Search Warrant—a written order, based on probable cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a specific person, place, or property to obtain evidence. Search and Seizure-the legal term, as found in the Fourth Amendment, that generally refers to the searching for and the confiscating of evidence by law enforcement agents. Search and Seizure-the legal term, as found in the Fourth Amendment, that generally refers to the searching for and the confiscating of evidence by law enforcement agents. Search Incident to Arrest—searches for weapons and evidence of persons who arrhave just been arrested. Search Incident to Arrest—searches for weapons and evidence of persons who arrhave just been arrested.

Vocabulary Seizure—the forcible taking of a person or property in response to a violation of the law. Seizure—the forcible taking of a person or property in response to a violation of the law. Stop—a brief detention of a person by law enforcement agents for questioning. Stop—a brief detention of a person by law enforcement agents for questioning.

Arrest An arrest is the act of depriving a person of his liberty usually in relation to the investigation and prevention of crime An arrest is the act of depriving a person of his liberty usually in relation to the investigation and prevention of crime

Three Kinds of Police-Citizen Encounters Verbal encounters Verbal encounters Brief stops or seizures (reasonable suspicion) Brief stops or seizures (reasonable suspicion) Arrest (probable cause) Arrest (probable cause)

Verbal Encounter Asking an officer for directions Asking an officer for directions Taking a report of a crime Taking a report of a crime Asking a person for ID (if no criminal activity is suspected Asking a person for ID (if no criminal activity is suspected This type of activity is not regulated by the 4 th Amendment (“voluntary interaction) This type of activity is not regulated by the 4 th Amendment (“voluntary interaction)

Example “Our cases make it clear than a seizure does not occur simply because a police officer approaches an individual and asks a few questions. So long as a reasonable person would feel free to disregard the police and go about his business……the encounter is consensual and no reasonable suspicion is required “Our cases make it clear than a seizure does not occur simply because a police officer approaches an individual and asks a few questions. So long as a reasonable person would feel free to disregard the police and go about his business……the encounter is consensual and no reasonable suspicion is required Florida VS Bostick

Factors That Would Indicate a Verbal Encounter Lack of interference with the person’s progress Lack of interference with the person’s progress Asking the individual if he is willing to cooperate Asking the individual if he is willing to cooperate No display of official authority beyond a statement that the person is an officer No display of official authority beyond a statement that the person is an officer Conducting the encounter in a manner to avoid causing the person fear and anxiety Conducting the encounter in a manner to avoid causing the person fear and anxiety

Brief Stops or Investigative Detention Police are trained observers and must investigate criminal activity Police are trained observers and must investigate criminal activity This investigation must not infringe on the rights of citizens (4 th Amendment) This investigation must not infringe on the rights of citizens (4 th Amendment)

A Stop 1.Officers can briefly detain a person if they have reasonable suspicion. 1.Officers can briefly detain a person if they have reasonable suspicion. 2.The stop is not an arrest. 2.The stop is not an arrest. 3.There is a limit as to the length of the stop. 3.There is a limit as to the length of the stop.

A Frisk Terry V Ohio 1. If the officers believe the person may be armed, they can conduct a “pat-down” or “frisk” the person’s outer clothing. 1. If the officers believe the person may be armed, they can conduct a “pat-down” or “frisk” the person’s outer clothing. 2. According to the Supreme Court, the frisk is a protective measure. 2. According to the Supreme Court, the frisk is a protective measure.

Brief Stop Standard Hunches or the officer’s “gut” instincts are not enough to justify the intrusion Hunches or the officer’s “gut” instincts are not enough to justify the intrusion The officer must be able to state in words the reason for the stop The officer must be able to state in words the reason for the stop

Brief or Investigative Stop Must Be Reasonable An investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop An investigative detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop Remember, if the suspect evades the investigatory stop, the officer must not arrest him for resisting arrest Remember, if the suspect evades the investigatory stop, the officer must not arrest him for resisting arrest

Activity Graphic Organizer with 10 major case laws related to criminal procedure Graphic Organizer with 10 major case laws related to criminal procedure

Seizure A seizure is “only when the officer, by means of physical force or a show of authority, has in some way restrained the liberty of a citizen” US V Berry A seizure is “only when the officer, by means of physical force or a show of authority, has in some way restrained the liberty of a citizen” US V Berry

Traffic Stops (Brief Stop) An officer making a traffic stop for a violation may require the driver to step out of the car An officer making a traffic stop for a violation may require the driver to step out of the car Terry Frisk? Terry Frisk? Plain Feel? Plain Feel?

Arrest Must be supported by probable cause Must be supported by probable cause “An actual touching of a person with a hand is not essential to constitute an arrest. If the person voluntarily submits to being under arrest under the discretion of the officer, the arrest is complete” “An actual touching of a person with a hand is not essential to constitute an arrest. If the person voluntarily submits to being under arrest under the discretion of the officer, the arrest is complete” Also in GA, “an arrest requires either physical force or where that is absent, submission to authority” Also in GA, “an arrest requires either physical force or where that is absent, submission to authority”

Elements of an Arrest 1.There must be the intent to arrest. 2.The person making the arrest must have the authority to do so. 3.The person must submit to the authority and/or control of the officer. 4.The person must understand, either through words or actions that he/she has been arrested.

Authority to Arrest The 4 th Amendment gives officers the authority to make seizures of persons, but places limitations upon this authority The 4 th Amendment gives officers the authority to make seizures of persons, but places limitations upon this authority

Probable Cause 4 th Amendment requires this for an arrest 4 th Amendment requires this for an arrest Set of facts and circumstances that would lead a reasonable and prudent person to believe that a crime has occurred Set of facts and circumstances that would lead a reasonable and prudent person to believe that a crime has occurred More than just bare suspicion More than just bare suspicion

Totality of Circumstances An officer must look at the totality of circumstances to determine if probable cause exists to arrest someone An officer must look at the totality of circumstances to determine if probable cause exists to arrest someone

Collective Knowledge The police who actually make the arrest need not personally know all the facts that constitute probable cause if they are acting in the direction of another officer The police who actually make the arrest need not personally know all the facts that constitute probable cause if they are acting in the direction of another officer

Exclusionary Rule If evidence is obtained in violation of the fourth Amendment than the evidence may need be used in a criminal proceeding If evidence is obtained in violation of the fourth Amendment than the evidence may need be used in a criminal proceeding

Activity Find news Articles on Crime and tell me all of the evidence involved and probable cause involved. Find news Articles on Crime and tell me all of the evidence involved and probable cause involved. 10 crimes 10 crimes

Types of Arrest in Georgia Arrest with a Warrant Arrest with a Warrant Arrest without a warrant Arrest without a warrant

Arrest Without a Warrant If the offense: If the offense: 1. was committed in his/her presence 2. was within his immediate knowledge 3. had PC for family violence

Arrest With a Warrant An arrest warrant contains: An arrest warrant contains: 1. An affidavit (contains facts and circumstances that form the basis of PC from the officer) 2. A direction to the LEO to arrest an offender and take him before a judge (any judge with magistrate powers)

Warrant Situations Entry into the Offender’s home—an officer may enter if the officer knocks and says “POLICE” Entry into the Offender’s home—an officer may enter if the officer knocks and says “POLICE” Entry into a Third Party’s home—an officer may not enter unless the officer has consent of the owner or exigent circumstances or a search warrant Entry into a Third Party’s home—an officer may not enter unless the officer has consent of the owner or exigent circumstances or a search warrant

Warrant Not in Officer’s Possession An officer does not have to have an arrest warrant in his possession if the officer had reliable information that a felony warrant has been issued for his arrest An officer does not have to have an arrest warrant in his possession if the officer had reliable information that a felony warrant has been issued for his arrest Failure of Justice Failure of Justice

Arrests Without a warrant An officer has to have consent, search warrant or exigent circumstances to enter a person’s or third party’s home to arrest an individual An officer has to have consent, search warrant or exigent circumstances to enter a person’s or third party’s home to arrest an individual

Use of Force to Make An Arrest 1. When the officer reasonably believes that the suspect possesses a deadly weapon 2. When the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others 3. When there is PC to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious bodily harm

Right to Resist illegal Arrest If the arrest is illegal and the actions of the officer in making the arrest go so far as to constitute an assault, the citizen may resist the arrest If the arrest is illegal and the actions of the officer in making the arrest go so far as to constitute an assault, the citizen may resist the arrest Brooks V State Brooks V State

Right to Resist Too Much Force An arrestee may use force in resisting a police officer’s unlawful use of deadly force in effecting an arrest An arrestee may use force in resisting a police officer’s unlawful use of deadly force in effecting an arrest Commonwealth V French Commonwealth V French

Activity Filling Out an Arrest Warrant Filling Out an Arrest Warrant Serving an Arrest Warrant Serving an Arrest Warrant

Hot Pursuit A warrant less entry may be made to effect an arrest if the officer has been pursuing the suspect and has PC to believe the suspect has committed a crime A warrant less entry may be made to effect an arrest if the officer has been pursuing the suspect and has PC to believe the suspect has committed a crime

Exigent Circumstances Means an emergency or dangerous situation Means an emergency or dangerous situation 1. Hot pursuit 2. Threat to individual’s life or public safety 3. Destruction of evidence Unlikely that a misdemeanor crime will create these circumstances Unlikely that a misdemeanor crime will create these circumstances

Searches Consent Consent Search Incident to Arrest Search Incident to Arrest Areas Areas Motor Vehicles Motor Vehicles

Consent Search Consent may be given to enter a home to arrest an offender by a person who has common authority over the premises Consent may be given to enter a home to arrest an offender by a person who has common authority over the premises The consent must be freely and voluntarily given The consent must be freely and voluntarily given

Search Incident to Arrest An officer who makes a full custodial arrest may always search the person of the arrestee An officer who makes a full custodial arrest may always search the person of the arrestee Why? Why? 1. Protects officer from attack 2. Prevents the person from escaping 3. Discovering the evidence or fruits of the crime in the which the person was arrested

Motor Vehicle Search After an arrest, an officer may search the vehicle’s passenger compartments as a search incident to arrest After an arrest, an officer may search the vehicle’s passenger compartments as a search incident to arrest An officer may examine the contents of any containers found in the car (opened or closed) An officer may examine the contents of any containers found in the car (opened or closed)

Activity Searches without a warrant Scenario with consent With incident to arrest Vehicle search

Search Warrants Whenever possible an officer should obtain a search warrant Whenever possible an officer should obtain a search warrant A must search warrant must be issued by a judge and obtained by a LEO A must search warrant must be issued by a judge and obtained by a LEO

Verbal Notice and “No-knock” Warrants Prior to entering officers must give a verbal notice before entering for a search warrant Prior to entering officers must give a verbal notice before entering for a search warrant Reasons for a No-knock warrant: Reasons for a No-knock warrant: 1. Presence of automatic weapons 2. Possible destruction of evidence 3. Possibility of imminent danger to officers

Plain View Doctrine Any object in plain view may be taken and used as evidence in a criminal trial Any object in plain view may be taken and used as evidence in a criminal trial 1. Object must be inadvertently discovered 2. The item must be apparent that it is contraband 3. The officer discovering the item must have a legal right to be there

Activity Your group will see a scenario Your group will see a scenario The group must fill out a search warrant and successful execute the warrant The group must fill out a search warrant and successful execute the warrant

Project Criminal Procedure Project Criminal Procedure Project Your group of four will make a five minute movie clip on five components of criminal procedure Your group of four will make a five minute movie clip on five components of criminal procedure