Law & Justice Chapter 12 Criminal Investigations

Arrest Arrest Takes place when a person suspected of a crime is taken into custody Takes place when a person suspected of a crime is taken into custody Under the fourth amendment, an arrest is considered a seizure and therefore must be reasonable Under the fourth amendment, an arrest is considered a seizure and therefore must be reasonable

Criminal Investigations A Person can be arrested in one of three ways A Person can be arrested in one of three ways An arrest warrant An arrest warrant Court order demanding that the person named in it be taken into custody Court order demanding that the person named in it be taken into custody A complaint is sworn to by either an officer or a victim A complaint is sworn to by either an officer or a victim Judge must find that there is probable cause to believe that an offense has been committed and that the accused committed it Judge must find that there is probable cause to believe that an offense has been committed and that the accused committed it

Criminal Investigations Probable Cause Probable Cause An officer has a reasonable belief that a specific person has committed a crime An officer has a reasonable belief that a specific person has committed a crime Officers must often use their judgment when making probable cause arrests Officers must often use their judgment when making probable cause arrests PC is the most common type of arrest PC is the most common type of arrest

Criminal Investigations Drug courier profile Drug courier profile Recent findings by courts have allowed this type of ‘arrest’ Recent findings by courts have allowed this type of ‘arrest’ Specific profile used to provide a basis to stop and question a person or Specific profile used to provide a basis to stop and question a person or Help establish probable cause for arrest Help establish probable cause for arrest profiles are based upon the following: profiles are based upon the following: typical age, race, personal appearance, behavior, and mannerisms typical age, race, personal appearance, behavior, and mannerisms

Criminal Investigations Informants Informants Police often rely upon informants to give them information pertaining to criminal acts Police often rely upon informants to give them information pertaining to criminal acts Officers can then approach a judge to obtain an arrest warrant Officers can then approach a judge to obtain an arrest warrant Judges consider numerous factors in these cases Judges consider numerous factors in these cases has the informant provided reliable information in the past has the informant provided reliable information in the past how the information was obtained how the information was obtained whether or not the police can corroborate (confirm) the informants tip with other information whether or not the police can corroborate (confirm) the informants tip with other information

Criminal Investigations Reasonable Suspicion Reasonable Suspicion Needed by officers to stop and question individuals Needed by officers to stop and question individuals Based on even less information than probable cause Based on even less information than probable cause Must be more than just a ‘hunch’ Must be more than just a ‘hunch’

Criminal Investigations Stop and Frisk Stop and Frisk Reasonable suspicion that a suspect could be armed allows officers to frisk an individual to ensure personal safety Reasonable suspicion that a suspect could be armed allows officers to frisk an individual to ensure personal safety Even without suspicion or probable cause, an officer may approach any individual and ask to speak with him or her Even without suspicion or probable cause, an officer may approach any individual and ask to speak with him or her The person may decline and continue their activity The person may decline and continue their activity Officer is not legally permitted to take the person’s silence or departure into account in determining probable cause Officer is not legally permitted to take the person’s silence or departure into account in determining probable cause HOWEVER! HOWEVER! In all states if the person runs from police after being asked for identification, that flight gives the officer suspicion to stop and detain that individual In all states if the person runs from police after being asked for identification, that flight gives the officer suspicion to stop and detain that individual

Criminal Investigations Most common type of arrest (seizure) Most common type of arrest (seizure) Traffic stop Traffic stop The driver of the vehicle is technically under arrest and is not free to leave unless released by the officer The driver of the vehicle is technically under arrest and is not free to leave unless released by the officer

Criminal Investigations Use of Force Use of Force Officers may use as much physical force as is reasonably necessary to make an arrest Officers may use as much physical force as is reasonably necessary to make an arrest Deadly force may only be used when the officer believes himself or another to be in imminent danger of serious bodily injury or death Deadly force may only be used when the officer believes himself or another to be in imminent danger of serious bodily injury or death

Criminal Investigations Search and Seizure Search and Seizure The fourth amendment only protects people from unreasonable searches The fourth amendment only protects people from unreasonable searches Officers may search under different circumstances Officers may search under different circumstances

Criminal Investigations With a warrant With a warrant A warrant is a court order A warrant is a court order It is obtained by a judge who is convinced there is a bona fide need to search a person or a place It is obtained by a judge who is convinced there is a bona fide need to search a person or a place Before a judge issues a warrant, someone, usually a police officer files an affidavit Before a judge issues a warrant, someone, usually a police officer files an affidavit A sworn statement of facts and circumstances that provides probable cause A sworn statement of facts and circumstances that provides probable cause Once the warrant is obtained it must be used within the specified amount of time, and executors must follow the parameters described Once the warrant is obtained it must be used within the specified amount of time, and executors must follow the parameters described

Criminal Investigations Without a warrant Without a warrant Search incident to arrest Search incident to arrest Allows police to search an arrested suspect and the immediate area around them for hidden weapons or evidence Allows police to search an arrested suspect and the immediate area around them for hidden weapons or evidence Consent Consent Police can search when a person voluntarily agrees Police can search when a person voluntarily agrees Sometimes you can give permission to search another person’s property Sometimes you can give permission to search another person’s property parent can give permission to search a child’s room parent can give permission to search a child’s room

Criminal Investigations Plain view 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 without a warrant 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 without a warrant Hot Pursuit Hot Pursuit Police in hot pursuit of a suspect are not required to get a search warrant before entering a building that they have seen the suspect enter Police in hot pursuit of a suspect are not required to get a search warrant before entering a building that they have seen the suspect enter it is lawful to seize anything visible under plain view in this instance it is lawful to seize anything visible under plain view in this instance

Criminal Investigations Emergency situations Emergency situations Police may enter property when time does not permit getting a warrant Police may enter property when time does not permit getting a warrant bomb threat, hearing screams from a house, smelling or seeing smoke from a building bomb threat, hearing screams from a house, smelling or seeing smoke from a building Border and airport searches Border and airport searches Customs agents may search without a warrant and without probable cause Customs agents may search without a warrant and without probable cause

Criminal Investigations Public School Searches Public School Searches Supreme Court has upheld that although students have a reasonable expectation of privacy – the school only needs a reasonable suspicion to conduct a search of a student or that student’s property at school Supreme Court has upheld that although students have a reasonable expectation of privacy – the school only needs a reasonable suspicion to conduct a search of a student or that student’s property at school

Criminal Investigations Suspicion-less searches Suspicion-less searches Limited circumstances as outlined by the supreme court Limited circumstances as outlined by the supreme court Border checkpoints Border checkpoints DUI checkpoints DUI checkpoints Drug checkpoints Drug checkpoints Racial Profiling Racial Profiling The inappropriate use of race as a factor in identifying people who may break or have broken the law The inappropriate use of race as a factor in identifying people who may break or have broken the law

Criminal Investigations Interrogations and Confessions Interrogations and Confessions After an arrest it is common practice to question or interrogate a suspect After an arrest it is common practice to question or interrogate a suspect Interrogations often result in confessions or admissions Interrogations often result in confessions or admissions these can be used in trial these can be used in trial

Criminal Investigations Fifth Amendment Fifth Amendment Provides protection against self incrimination Provides protection against self incrimination This means that a suspect cannot be forced to testify against themselves This means that a suspect cannot be forced to testify against themselves This protection rests on a basic legal principle This protection rests on a basic legal principle the government bears the burden of proof and the suspect is not required to help the government prove anything the government bears the burden of proof and the suspect is not required to help the government prove anything Confessions are not admissible if it is obtained after a defendant’s request to talk to an attorney is denied Confessions are not admissible if it is obtained after a defendant’s request to talk to an attorney is denied Confessions are not admissible if they are not voluntary and trustworthy Confessions are not admissible if they are not voluntary and trustworthy Physical force, torture, threats and other forcible techniques will invalidate a confession Physical force, torture, threats and other forcible techniques will invalidate a confession

Criminal Investigations Miranda Warnings Miranda Warnings Established in 1966 Miranda v. Arizona Established in 1966 Miranda v. Arizona Inform suspects of their right to remain silent and to have an attorney present for questioning Inform suspects of their right to remain silent and to have an attorney present for questioning The police DO NOT have to give you Miranda warnings when you are arrested The police DO NOT have to give you Miranda warnings when you are arrested exceptions to Miranda can be found in the interest of public safety exceptions to Miranda can be found in the interest of public safety police officer arrested a man who ran into a store after committing rape. They asked the man where his gun was before giving him his Miranda warning. The man indicated that the gun was on a nearby shelf. The supreme court held that police may ask questions related to public safety before Miranda. police officer arrested a man who ran into a store after committing rape. They asked the man where his gun was before giving him his Miranda warning. The man indicated that the gun was on a nearby shelf. The supreme court held that police may ask questions related to public safety before Miranda.