CJ227: Criminal Procedure Instructor: Patrick Coughlin, J.D. Make sure you adjust your speakers and audio settings on your computer so you can hear the music.

CJ227: Criminal Procedure Instructor: Patrick Coughlin, J.D. Make sure you adjust your speakers and audio settings on your computer so you can hear the music.

Contact Information Patrick Coughlin Office Hours: Wednesday 8:00-10:00 (EST) Phone:

Grading Discussion Boards: 1. Postings demonstrate critical thought 2. Postings are in the 100-word range, 3. At least 3-postings made per discussion thread (one in response to question and two responding to another student’s posting), 4. All postings made prior to the conclusion of each unit. It should be noted that you will not be able to post messages after the conclusion of each unit.

Seminars Not Enough to just attend – Get Involved Arrive on time If miss a seminar – write a word essay summarizing what was discussed in the seminar based on your review of the ARCHIVED SEMINAR. Submit paper to docsharing

Unit 1: The law, Justice System and the Courts Post Introduction (Unit 1) Attend Seminar Read Chapters 1 & 2 Respond to Discussion Question & 2 other student’ responses Review Supplemental Material in Unit 1 Take Quiz Access web resource on U.S. Court System

4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

What is a Search? Officer looking through open window? Officer using a flashlight to illuminate the interior of a car? Private Citizen entering a house without owners consent? Can Officers go through a person’s trash cans?

Searches 4th Amendment protects a person’s reasonable expectation of privacy 4 th Amendment protects people, not places

Was there a Search? Police see a person engaging in apparent drug transactions selling items from a bag on the sidewalk. Upon seeing the police approach, the person drops the bag and starts to walk away. The police pick up the bag and found cocaine inside of it. They then arrest the individual.

Was there a Search? Police climb over a fence and walk up to a window to look inside the house and see stolen property Police see the same stolen property from the sidewalk

Was there a search? Joe Stoner is walking through the bus station and a police canine alerts positively on Joe’s suitcase indicating the odor of cannabis. Now the officer asks Joe Stoner if the officer can look in his suitcase and Joe agrees.

Search warrant exceptions under the 4 th Amendment Items in Plain View Open Fields Abandoned Property Consent Searches Plain Feel Boarder Searches/Inmate Searches

Standing Even if there was a search, was it YOUR rights that were violated? Did you have a reasonable expectation of privacy in place that was searched?

Exceptions to 4 th Amendment warrant requirement No warrant is needed even though these are “searches” under the 4 th Amendment Automobile Exception Exigent Circumstances/Emergency Search incident to an arrest Inventory Searches

Good or bad search? Police respond to a domestic battery call and hear a woman screaming inside. The police kick in the door and arrest the boyfriend who is striking the woman. On the kitchen table, the police recover 100 grams of cocaine and charge both individuals with the drugs. Is this a search under the 4 th Amendment?

Good or bad search? Officer stops a car for speeding and smells the odor of burnt cannabis coming from the car. The officer orders the driver out of the car and conducts a warrantless search of the car and finds an ounce of cannabis under the passenger seat and a kilo of cocaine in a duffle bag in the back seat.

Remedy What happens if the police violate the provisions of the 4 th amendment? What is the remedy?

Remedy What happens if the police violate the provisions of the 4 th amendment? What is the remedy? 4 th Amendment only limits police/government activities

Warrant Requirements What type of info do the police need before they can get a warrant?

Unit 2 First paper is due – Levels of Police Encounter 2-3 pages in length APA Style