CRIMINAL PROCEDURE Unit 2 - Week 2 Ann Marie Lampariello-Perez professor

Wrap Up - Week 1 Last week we learned about court structure and organization through federalism, supervision, specialization and organization by geographical areas We learned how court came into being through the Constitution and acts of congress We learned about the different types of jurisdiction - original, limited, executive, and concurrent

Wrap Up - Week 1 (con’t) We discussed double jeopardy in relation to concurrent jurisdiction We learned about the 4th Amendment (the right to be free from unreasonable searches and seizures) We discussed probable cause, the warrant clause and reasonableness clause

Wrap Up - Week 1 (con’t)… We learned how the 4th amendment provides us the right to privacy from governmental intrusions We discussed the Exclusionary Rule and how evidence that was gathered in violation of a person’s 4th amendment rights is excluded from court and cannot be used against a person. We also found out that there are exceptions to this rule (ie. Inevitable discovery, independent source and good faith)

This week - Week 2 (UNIT 2) Through our seminar questions, we will discuss the following: Arrests without warrants Arrests by private citizens & police officers Immunity from arrest “Stop and Frisk” v. Arrest Juridiction of officers to make arrests Citations and summonses Miranda rights

SEMINAR QUESTIONS: Examine the role of the arresting officer and some potential legal issues that may result when an arrest is effected. Examine some of the rights afforded to the individual upon arrest and discuss the nature of custody.

Arrests without Warrants Most common form of arrest One situation where a warrant is always required…this requirement also has an exception in it. It is not an absolute… Unless there are EXIGENT CIRCUMSTANCES or the police are in HOT PURSUIT, police officers may not enter a private home to make a warrantless arrest.

Arrests by Private Citizens Aka - Citizen’s Arrest Usually, the guy next door, but a security guard employed by private companies to curb shoplifters or employee thefts. Must have REASONABLE CAUSE TO BELIEVE THAT THE PERSON COMMITTED THE CRIME (eyewitness to offense) Reasonable Cause aka PROBABLE CAUSE is more than mere suspicion that the defendant committed the crime. Q = would the ordinary person believe that the crime was committed by the defendant?

Arrests by Police Officers Police officer/Peace officer is employed by some branch of government and is sworn to uphold the laws of his/her employer 4th amendment - requires an arrest be made with or without a warrant, but always with probable cause (probable cause to believe a crime was committed and the defendant committed it). Warrant = a written order issued by a judicial officer upon a showing of probable cause which commands the arrest of the defendant

Immunity from Arrest Diplomatic immunity (official, their staff and family) provides protection from arrests and tickets Consular immunity (not in Washington DC, but in every area) provides protection from most arrests; serious felonies give the police a reason to arrest the consular Legislative immunity - protection from civil process, not criminal Out Of State Witnesses - protection afforded to witnesses for criminal prosecutions.

Stop & Frisk Terry v. Ohio TEMPORARY DETENTION by a police officer who has REASONABLE SUSPICION that a crime is being committed, is about to be committed or has been committed. Police may stop and detain the person to question him/her and frisk the person for officer’s safety and the safety of the public

Territorial Jurisdiction of Officers Police officers jurisdiction is limited to his/her municipality (state or county) borders or type of crime (ie. Border patrol, game wardens, drug administrators, DEA, Homeland Security, Secret Service, Customs Service, ICE/INS However, if the officer was in HOT/FRESH PURSUIT, the officer may follow the offender into another jurisdiction to arrest

Citations & Summonses Citations are used in misdemeanor cases in lieu of an arrest Written notice to appear in court Frequently used in traffic court cases Names the charge Summons = judicial order to appear

Miranda Rights Based upon the case of Miranda v. Arizona. Right to remain silent because anything you say may be used against you in a court of law Right to an attorney If you cannot afford one, an attorney may be appointed for you 4-prong test to be able to use the statements: Statement voluntary? Miranda warnings given? Waiver given? Knowing and intelligent waiver?

Initial Appearance in Court Taken before a judge - bond (secures continued appearance in court) Arraigned - charges and rights explained Thereafter - preliminary hearing or indictment (grand jury) Plea or trial

ANSWER TO SEMINAR Q: An arrest of a suspect by a police officer triggers many rights for the arrestee. Due Process

Housekeeping: Paper due this week. Topic =You discuss whether Officer Smith’s actions were appropriate or not. Explain your position using the concepts and terms we have learned so far. 3 page paper, APA format, double-spaced, cover page, reference page, citations to resources, 12 point font.

Questions???? Thanks for a great night! Feel free to contact me at: alampariello- Have a good week~ see you next … Ann Marie