Criminal Procedure Chapter 6
Copyright © 2007 Thomson Delmar Learning Objectives Define arrest, and explain the authority of a firefighter to make an arrest. Explain the difference between criminal and administrative search warrants. Identify at least six exceptions to the search warrant requirement.
Copyright © 2007 Thomson Delmar Learning Explain the constitutional limitations upon a firefighter conducting a cause and origin determination as part of an investigation after a fire. Explain what is required to constitute an attempted crime. Objectives
Copyright © 2007 Thomson Delmar Learning Define accessory before the fact, accessory after the fact, and aider and abettor. Define a criminal conspiracy and explain the liability of each coconspirator. Objectives
Copyright © 2007 Thomson Delmar Learning What Is an Arrest? Arrest –Lawful control of one person over another –Depriving person of his or her liberty Arrest involves: –Authority to make an arrest –Asserting that authority to restrain the person
Copyright © 2007 Thomson Delmar Learning Authority to Make an Arrest Citizen’s arrest Reasonable force to effectuate arrest Peace officers Detention must be reasonable –Some states limited to two hours without charges
Copyright © 2007 Thomson Delmar Learning Liability for Mistakes Peace officers –Privilege when making an arrest that later turns out to be wrong –Immune from suits for false arrest and battery Citizens enjoy no such privileges
Copyright © 2007 Thomson Delmar Learning Arrest Warrants Probable cause requires an arrest warrant Police must apply to a judge or magistrate for an arrest warrant
Copyright © 2007 Thomson Delmar Learning Judge or magistrate –Must be satisfied that crime has been committed and the defendant committed it Arrest warrant authorizes peace officer to take defendant into custody Arrest Warrants
Copyright © 2007 Thomson Delmar Learning Criminal Procedure Criminal charges can be initiated in three ways: 1.Complaint 2.Information 3.Indictment
Copyright © 2007 Thomson Delmar Learning Search and Seizure Fourth Amendment prohibits unreasonable searches and seizures by federal government Fourth Amendment applies to states and municipalities through the Fourteenth Amendment due process clause
Copyright © 2007 Thomson Delmar Learning The Exclusionary Rule –Evidence seized by an unlawful search may not be used in court –Limited to the person whose privacy interests were violated by the search Search and Seizure
Copyright © 2007 Thomson Delmar Learning Search Warrant Requirement Issued by a neutral magistrate Must describe place or person to be searched and property to be seized Probable cause –Belief that a crime has been committed
Copyright © 2007 Thomson Delmar Learning Warrantless Searches Valid warrantless searches –Plain view –Consent –Stop and frisk (Terry stop) –Incident to arrest
Copyright © 2007 Thomson Delmar Learning Valid warrantless searches –Vehicles –Open fields and abandoned property –Exigent circumstances Warrantless Searches
Copyright © 2007 Thomson Delmar Learning Fire-Scene Exception Initial entry by firefighters into a building to extinguish a fire –Constitutionally justified as an exigent circumstance exception to the warrant requirement Once lawfully present
Copyright © 2007 Thomson Delmar Learning Firefighters and investigators –May remain on scene without a warrant for a reasonable period of time after the fire has been extinguished –To conduct their investigation Fire-Scene Exception
Copyright © 2007 Thomson Delmar Learning Chain of Custody Required for evidence to be admissible at trial Must be able to document an unbroken chain of custody from the moment evidence is seized until the evidence is introduced at trial
Copyright © 2007 Thomson Delmar Learning Custodial Interrogation and Miranda Warnings Miranda rights Applies to custodial interrogation Exclusionary rule applies to information obtained in violation of Miranda
Copyright © 2007 Thomson Delmar Learning Accomplice Liability Principal –Directly involved in crime Accessory –Helped in planning crime Newer approach –Aider and abettor
Copyright © 2007 Thomson Delmar Learning Conspiracy Agreement to commit a crime Conspiring to commit a crime All co-conspirators can be liable for crimes committed by any of the other co-conspirators –In furtherance of the conspiracy
Copyright © 2007 Thomson Delmar Learning Attempts Attempts to commit crimes punishable as crimes Requires same mental state as the crime Requires an act in furtherance of attempt –Some states demand a more substantial act
Copyright © 2007 Thomson Delmar Learning Criminal Defenses Self-defense Defense of others Defense of property Insanity Entrapment Statute of limitations
Copyright © 2007 Thomson Delmar Learning Self-Defense Right of reasonable force to defend oneself Can meet level of force with same level of force –Can meet deadly force with deadly force Pre-emptive strike not allowed beforehand Punitive strikes not allowed afterward Retreat rule
Copyright © 2007 Thomson Delmar Learning Defense of Others Can use reasonable force to defend another Same rules as for self-defense –No pre-emptive strikes –No punitive strikes
Copyright © 2007 Thomson Delmar Learning Defense of Property Reasonable force to protect property Cannot resort to deadly force merely to protect property
Copyright © 2007 Thomson Delmar Learning Insanity Defense Most states consider it a defense In some states it is a mitigating factor –Guilty but insane Double-edged sword –Minimizes or eliminates criminal responsibility –Can be institutionalized for life
Copyright © 2007 Thomson Delmar Learning Entrapment Affirmative defense to a crime Law enforcement personnel induced a normally law- abiding person to commit an offense Some states focus on defendant’s propensity to commit such crimes
Copyright © 2007 Thomson Delmar Learning Statute of Limitations How long after a crime has been committed that someone can be charged Key action is charged, not tried or convicted Murder does not have statute of limitation
Copyright © 2007 Thomson Delmar Learning Summary Arrests Criminal charging Searches and seizures Attempted crimes
Copyright © 2007 Thomson Delmar Learning Conspiracies Parties to a crime Criminal defenses Summary