Criminal Law: Criminal Law: LEGAL GUIDELINES

Amendments: Review 4th Amendment—Protects against illegal searches and seizures. 4th Amendment—Protects against illegal searches and seizures. 5th Amendment—Protects against self- incrimination and guarantees the right to counsel. 5th Amendment—Protects against self- incrimination and guarantees the right to counsel.

Amendments: Review 6th Amendment—Protects the rights to a speedy trial, impartial jury, and confronting witnesses. 6th Amendment—Protects the rights to a speedy trial, impartial jury, and confronting witnesses. 8th Amendment—Protects against cruel and unusual punishment and prevents excessive bail. 8th Amendment—Protects against cruel and unusual punishment and prevents excessive bail.

Amendments: Review 14th Amendment—Protects the rights to DUE PROCESS. “no state shall deprive any person of life, liberty, or property without due process of law”. 14th Amendment—Protects the rights to DUE PROCESS. “no state shall deprive any person of life, liberty, or property without due process of law”.

Exclusionary Rule A court created doctrine designed to protect the rights of the 4th Amendment. A court created doctrine designed to protect the rights of the 4th Amendment. Violations committed by private individuals are not protected by the rule. Violations committed by private individuals are not protected by the rule. Evidence may be suppressed if it has been obtained illegally. Evidence may be suppressed if it has been obtained illegally. Purpose: to deter/prevent violations committed by the police. Purpose: to deter/prevent violations committed by the police.

Exceptions to the Exclusionary Rule The “Good Faith” Exception—If an officer acts in a good faith and reasonable manner but the evidence was obtained unlawfully, evidence is still permitted. The “Good Faith” Exception—If an officer acts in a good faith and reasonable manner but the evidence was obtained unlawfully, evidence is still permitted. Inevitable Discovery—If the evidence would have been found anyway, it is permitted. Inevitable Discovery—If the evidence would have been found anyway, it is permitted. IE: “combing a crime scene” or “search parties”. IE: “combing a crime scene” or “search parties”.

3 Levels of Police Encounters 1.Consensual Encounters - A.Police MAY approach citizens on the street and ask questions. A.Police MAY approach citizens on the street and ask questions. B.Questions must be brief and in NO WAY harassing, intimidating, or coercive. B.Questions must be brief and in NO WAY harassing, intimidating, or coercive. C.Officers MAY NOT restrain the freedom or give the impression the person will be detained if they fail to respond appropriately. C.Officers MAY NOT restrain the freedom or give the impression the person will be detained if they fail to respond appropriately. D.A consensual encounter CAN lead to ‘reasonable suspicion’ which causes a need for temporary detainment for further investigation. D.A consensual encounter CAN lead to ‘reasonable suspicion’ which causes a need for temporary detainment for further investigation.

Consensual Encounters A person has been seized only if… a reasonable person would have believed that he or she was not free to leave. A person has been seized only if… a reasonable person would have believed that he or she was not free to leave.

3 Levels of Police Encounters 2. Seizure—Temporary Detainment A.Is the “Terry Stop” A.Is the “Terry Stop” B.Terry vs. Ohio ruled that an officer MAY STOP an individual and briefly detain them if there is a sufficient reason. B.Terry vs. Ohio ruled that an officer MAY STOP an individual and briefly detain them if there is a sufficient reason. C.Requires less than probable cause. C.Requires less than probable cause. D.Officers must articulate the reason for the stop...cannot be a haunch, a sixth sense, a rumor, or unreliable informant. D.Officers must articulate the reason for the stop...cannot be a haunch, a sixth sense, a rumor, or unreliable informant.

Seizure—Temporary Detainment E.Officers MAY use force to detain by physical restraint, threat of force, or assertion of authority. E.Officers MAY use force to detain by physical restraint, threat of force, or assertion of authority. F.Handcuffing does not render every seizure an arrest. F.Handcuffing does not render every seizure an arrest. G.Length of detention is not set as long as the officer can articulate justification for the time detained. G.Length of detention is not set as long as the officer can articulate justification for the time detained.

3 Levels of Police Encounters 3. Seizure—Arrest A.Probable Cause MUST be present. A.Probable Cause MUST be present. B.A magistrate judge will determine if there is sufficient probable cause and will issue an arrest warrant. B.A magistrate judge will determine if there is sufficient probable cause and will issue an arrest warrant.

Seizure—Arrest C.A warrantless arrest may be made if… i. officer received reliable info from a reliable source. i. officer received reliable info from a reliable source. ii. officer witnessed the offense or committed in the general presence of an officer ii. officer witnessed the offense or committed in the general presence of an officer iii. Admission or confession to an officer iii. Admission or confession to an officer iv. Escape, Family Violence, “Failure of Justice” may be reasons for warrantless arrests iv. Escape, Family Violence, “Failure of Justice” may be reasons for warrantless arrests