Welcome to Eight Skills for the Effective Online Paralegal Student!! Unit 3 Seminar – Remembering

Final Project Proposal – Possible Interview Questions Education and Training/ Licensing and Certification What type of training did you undergo to become a [ ] ? How long did it take? What kind of educational background is most relevant How long have you been a [ ]?

Possible Questions (Continued) Reasons for Choosing the Career Why did becoming a [ ] appeal to you? What does your day typically look like? What do you do? Are you happy with being a [ ]? Have you ever thought about another career? Why or why not?

Sonia’s Scenario What do you think the letter means? How would you help Sonia interpret the letter? Do you think it means Sonia won't get paid for her loss of work? Would you advise her to get a lawyer?

Seminar Agenda: Week 3 Final Project Proposal Sonia Scenario LASSI Possible interview questions Sonia Scenario LASSI Interpreting your scores Using the information Remembering Types of Memory “to Know” vs. to memorize What gets in the way of remembering How to remember better Study Environments

Three types of memory: Sensory memory Short term memory Long term memory

Knowing v. Memorizing What’s the difference? How long does each last? How do you move something from mere rote memory to knowing?

Memory Hinderances Internal and external distractions Alcohol Drugs Stress Closed-mindedness (tuning out things you don’t like) Inability to distinguish important facts from unimportant facts

Memory Helpers Proper sleep Proper nutrition/diet Exercise Mental exercises such as crossword puzzles, brain teasers, name games A positive mind-set The proper environment Scheduled study breaks Repetition and visualization

Visualization: Does it help Visualization: Does it help? How can we incorporate visualization into our learning habits? Should help us to put something in LTM. Part of a process: VCR3 Ways to visualize?

What are some memory devices or tools, and how can they help you study? SQ3R Mnemonic devices (Tons of examples) Cooperative learning methods

SQ3R Survey Question Read Recite Review

Mnemonic devices Sentences Words Acronyms Storylines Jingles or songs

What is your study environment like? Does it work well for you? Do you study in the same place or different places If you don't have one, what do you think your ideal study environment would be? Why is this important?

Questions?

Lyman 5ed ch 4 Chapter 4 Search and Seizure

Lyman 5ed ch 4 Introduction Of paramount importance in criminal investigations is the officer’s ability to be aware of and work within constitutional and departmental guidelines.

Due Process and the Constitution Bill of rights Granting individual freedoms Fourteenth Amendment, passed in1868, guarantees three classes of rights: Privileges and immunities of citizens of the United States Due process of law Equal protection under the law

Fourth Amendment Fifth Amendment Sixth Amendment Unreasonable searches and seizures clause Warrants clause Fifth Amendment Privilege against self-incrimination clause Sixth Amendment Right of confrontation clause Right to council clause

Legal Guidelines for Searches The probable cause requirement The minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested. Exclusionary rule Courts will exclude any evidence that was illegally obtained even though it may be relevant and material. Mapp v. Ohio

Fruit of the Poisoned Tree Doctrine If the prosecutions case is based-on evidence that is obtained from an illegal search or seizure then it is considered “tainted.” “Tainted” evidence is inadmissible in a case. Violation of due process Silverthorne Lumber Co. v. United States (1918)

Search Incident to Lawful Arrest Chimel v. California (1969) A search can only be made incidental to a lawful arrest and must be confined to the area around the suspect’s immediate control. Scope of the search Relates to an officer’s authority to search incident to an arrest

Exceptions to the Exclusionary Rule Good faith exception Use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid. Inevitable discovery exception Evidence that has been seized illegally or evidence stemming from illegally seized evidence is admissible if the police can prove that they would have inevitably discovered it anyway by lawful means. Computer errors exception Officers acting in good faith based on the information available to them cannot be held responsible for a clerical error made by a court worker.

Searches With a Warrant Authorizes the search of homes, businesses, and vehicles of suspects Typically results in the arrest of multiple suspects Expedites investigation and subsequent case closure Advantages of searching with a search warrant: Recover stolen property Seize drugs or other contraband Seize any other type of property used in the commission of a crime

Legal Requirements for a Search Warrant It must be authorized by the proper official. It must be issued only for specifically authorized objects. It must be issued on probable cause.

Search Warrant Affidavit Presents facts that the officer believes constitute probable cause to justify the issuance of a warrant. The affidavit tells the judge 3 things: What is being searched for Where the search is to occur Why the search is to be conducted

The Warrant Sets forth the same facts out-lined in the affidavit: Reasons to request the search Name of the officer requesting the warrant Items to be seized Specific place to be searched Signature of the issuing judge Prior to signing, the affiant (the officer) must be certain that he or she is first sworn in by a judge.

The Search Warrant Return Name of the officer serving the warrant The date the warrant was served An itemized list of all property seized The name of the owner of the place searched The signature of the officer who served the warrant The signature of the issuing judge

Execution of the Warrant Once issued, the search warrant is basically an order by the court to execute it. The officer has no choice but to do so. Execution guidelines may include: Authorization for a specific officer or class of officer to execute Time limitations

Anticipatory Search Warrants Based-on an affidavit showing probable cause to believe that at some future time a specific crime will occur at a specific place. “Triggering condition” United States v. Grubbs (2004) “…fair probability that contraband or evidence of a crime will be found in a particular place” Probably cause to believe that the triggering condition will occur

Warrantless Searches Consent Searches When a suspect gives permission Searches under exigent circumstances Public safety or loss of important evidence Searches incident to lawful arrest Search of arrested suspect and the immediate area around him or her Plain-view searches Automobile searches Open-field searches

Sample Consent-to-Search Form

Stop-and-Frisk Searches When a crime is suspected to be occurring To investigate suspicious circumstances “Reasonable suspicion” To make identification of a suspect Terry v. Ohio (1968)

Field Interviews Versus “Consensual Encounters” Are “seizures” of the person within the meaning of the 4th Amendment Therefore, “reasonable suspicion” applies “Consensual encounters” An officer may approach and ask a person questions The individual must reasonably believe that they were “free to leave” If, during that, evidence is discovered then it may be admitted

Factors Defining a Field Interview Interference with the suspect’s freedom of movement Number of officers and their behavior Physical contact with the suspect Retaining personal property of the suspect

“Terry stop”—Pat-Down Searches Must be based-on reasonable suspicion The right to stop does not automatically give the officer a right to conduct a pat-down search Certain factors may justify Suspects behavior, number of suspects, time of day, etc. Pat-down is a limited search (“frisk”)

Plain-View Doctrine Investigation or confiscation of evidence, without a warrant, based on what officers find in plain view and open to public inspection Three criteria: The officer must be present lawfully at the location to be searched The item seized must have been found inadvertently The item is contraband or would be useful as evidence of a crime

Automobile Searches Carroll Doctrine Vehicle inventory search The right to search a vehicle does not depend on the right to arrest the driver but on the premise that the contents of the vehicle contain evidence of a crime. Vehicle inventory search Officers may search a vehicle that is moving or about to be moved, if there is probable cause that the vehicle contains items that are legally seizeable.

Open-Field Searches Open fields are not protected by the Fourth Amendment. A person’s “reasonable expectation of privacy” under the Fourth Amendment does not apply. Curtilage is protected and is related to: The proximity of the area to the home Whether the area is within an enclosure surrounding the home The nature and uses of the area The steps taken to conceal the area from public view

Phases of a Search Surveying the crime scene Documenting the crime scene through sketches and photographs Recording all physical evidence Searching for fingerprints

Search Patterns Indoor crime scene searches Outdoor crime scene searches Nighttime crime scene searches Vehicle searches Body cavity (Strip) searches

Search Patterns

Searching the Scene Principle concern is to observe and document the scene rather than take action Rules for collecting evidence Collected in a comprehensive, nondestructive manner, within a reasonable period, and with a minimum of unnecessary movement about the scene.

Gathering and Preserving Evidence Evidence collected must be consistent with each law enforcement agency’s policy and procedure and should be in keeping with the accepted rules of evidence. Chain of custody Total accounting of evidence by adhering to guidelines Limit number of evidence handlers Document anyone who handles evidence and changes to condition of the evidence

Marking the Evidence Evidence has label with: Case number Exhibit number Date and time of seizure Name and description of articles Location at time of discovery Signature or initial of officer making the discovery Name or initial of others witnessing the discovery

Special Cases in Evidence Handling Infected evidence Hepatitis B Firearms Bullets, cartridges, and empty cases Stains Glass Impressions Drugs Plant material Powdered material Liquid material Tablets or capsules

Method for the Proper Sealing of Crime Scene Evidence