Criminal Justice: The Investigation Phase Chapter 12

Can the evidence here gathered be used against the Defendant in Court? The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him and find drugs in his pocket. After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder. Jill’s former boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he turns over to the police. Terry is on a bus traveling from Miami to New York. Three police officers board the bus wearing “RAID” Jackets, and Terry can see that at least one is carrying a gun. One officer stands in the front of the bus partially blocking the aisle, while the other two officers eye the passengers, pick out Terry and ask him for identification and his ticket. After returning both to him without comment, then they ask Terry for permission to search his luggage. He gives his permission. The officers open his bag and find cocaine. Pam is observed shoplifting items in a store. Police chase Pam into her apartment building and arrest her outside the closed door of her apartment. A search of the apartment reveals a large quantity of stolen merchandise. Sandy is suspected of receiving stolen goods. The police go to her apartment and ask Claire, her roommate, if they can search the apartment. Claire gives the police permission, and they find stolen items in Sandy’s dresser.

Goals and Objectives Analyze some of the major steps involved in the investigation phase of criminal justice Investigations Arrests Searches Warrants Lack of Warrants

What happens after a Crime has been committed? Reported to the Police Police Investigation Goal is to find the perpetrator and bring them to justice Seek interviews, evidence, witnesses Conduct Searches Make Arrests

Initial Investigation Onsite Investigation Gather evidence from the scene of the crime Photograph, videotape, find all available evidence (forensic, physical, etc.) Obtain Warrants as necessary (see later) Conduct basic interviews of present witnesses Establish profile and known information on suspected criminals

Expanded Investigation Conducted weeks, months, years following crime Extensive Interviews of known witnesses Seek additional witnesses, evidence, facts of the case Try to identify the perpetrator by their motive, actions, or other evidence they left behind Once an identity is established, the suspected criminal is to be arrested Cops need to obtain an Arrest Warrant

Arrest Warrants A Court Order (written, signed and approved by a judge) Commanding that the person named in it be taken into custody by law enforcement officials Arrest warrants only issued when there is enough evidence to establish “Probable Cause” worthy of detaining the accused Probable Cause: a reasonable belief, known personally or through reliable sources, that the accused committed the crime Can be based on much less evidence than that necessary to convict someone in trial NO EXACT FORMULA The Case of the Unlucky Couple

Warrantless Arrests Certain situations (emergencies) do not allow LEO time to obtain an arrest warrant Under such situations the police are allowed to make warrantless arrests based upon “Probable Cause” even though they do not have an arrest warrant At a later time they must justify their “probable cause” and decision to make the arrest Police Report

Detaining Questionable Individuals: NOT ARRESTS Cops do NOT need probable cause to stop and question individuals they reasonably suspect of criminal activity May ask for identification and an explanation for questionable behavior Can use answers to establish probable cause and lead to an arrest Detainees do NOT have to answer questions Failure to answer questions can be used as Probable Cause in some states Can lead to an arrest If the officer suspects the detainee is armed they may Stop and Frisk the individual (pat down) Fleeing from the police is grounds for arrest

What to do if you are ARRESTED Once you are no longer free to go and they want to ask you questions they will read you your rights (Miranda) They do NOT have to read you your rights until then!! But they can’t use your words against you Don’t Struggle with the police Be polite, cooperative, courteous Avoid fighting, arguing, swearing even if you think the police made a mistake Give your name, phone number, address but do NOT give any other information until you have spoken to a lawyer Don’t discuss the case with anyone or sign anything until you have a lawyer Get a Lawyer

Searches and Warrants In order for the police to search for evidence on a person or in a place they must obtain a search warrant Search Warrant: Court Order approved by a judge to search a person or place After the warrant is issued the search can only be conducted within a specified number of days Some states require them to be conducted only in day-time Can only search for specific items and in specific places as listed in the warrant 21” stolen T.V. Can seize any evidence they find in the course of a proper search Other illegal items can only be seized and used as evidence if they are found in Plain View Search Procedures –entering buildings Usually “Knock and announce” test Give suspects a chance to open the door before entering by force No-Knock warrants (time is of the essence) Cops can knock down a door if there is the potential for danger or the destruction of evidence (drugs, computer files)

Searches without a Warrant Times when the police may legally conduct a search without a warrant and seize any illegal items DEFINE AND UNDERSTAND EACH Search incident to a lawful arrest Search the person and the area immediately around them Searching for weapons or evidence that may be destroyed Stop and Frisk Someone who is behaving suspiciously and there is a reasonable suspicion that they are armed can be frisked Protects officers and bystanders Consent If you voluntarily agree to the search a Warrant does not have to be obtained Parents over children One of the two spouses

Searches without a Warrant (cont) Plain View If an object connected with a crime is in plain view and can be seen from a place where an officer has a right to be it can be seized Hot Pursuit If police are in hot pursuit of a suspect they are not required to get a search warrant before entering a building that they have seen suspects enter. Evidence of the suspected felon can be seized if found during the hot pursuit Vehicle Searches If there is probable cause that a vehicle legally detained contains contraband materials a warrantless search can be conducted Probable Cause MUST exist Emergency Situations In certain emergencies a search warrant is not required. Bomb threat, smelling smoke, hearing someone scream, Any time waiting for a warrant would result in destruction of evidence, escape of a suspect, or harm to a police officer or someone else Border and airport searches Anyone entering the country or boarding a plane can be search along with all of their possessions and vehicles without a warrant

Can the evidence here gathered be used against the Defendant in Court Can the evidence here gathered be used against the Defendant in Court? Justify your answer. The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him and find drugs in his pocket. After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find notes planning a murder. Jill’s former boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he turns over to the police. Terry is on a bus traveling from Miami to New York. Three police officers board the bus wearing “RAID” Jackets, and Terry can see that at least one is carrying a gun. One officer stands in the front of the bus partially blocking the aisle, while the other two officers eye the passengers, pick out Terry and ask him for identification and his ticket. After returning both to him without comment, then they ask Terry for permission to search his luggage. He gives his permission. The officers open his bag and find cocaine. Pam is observed shoplifting items in a store. Police chase Pam into her apartment building and arrest her outside the closed door of her apartment. A search of the apartment reveals a large quantity of stolen merchandise. Sandy is suspected of receiving stolen goods. The police go to her apartment and ask Claire, her roommate, if they can search the apartment. Claire gives the police permission, and they find stolen items in Sandy’s dresser.

Questions and Review Analyze some of the major steps involved in the investigation phase of criminal justice Investigations Arrests Searches Warrants Lack of Warrants