CJ © 2011 Cengage Learning Chapter 7 Police and the Constitution: The Rules of Law Enforcement

© 2011 Cengage Learning Learning Outcomes LO1:Outline the four major sources that may provide probable cause. LO2:Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio. LO3:List the four elements that must be present for an arrest to take place. LO4:Explain when searches can be made without a warrant. LO5:Indicate situations in which a Miranda warning is unnecessary.

1 LO © 2011 Cengage Learning Outline the four major sources that may provide probable cause.

© 2011 Cengage Learning Learning Outcome 1 How Does the Constitution Limit Police Behavior? – Searches and Seizures – Probable Cause – Reasonableness

© 2011 Cengage Learning

Learning Outcome 1 How Does the Constitution Limit Police Behavior? – Probable cause Sources of probable cause – Personal observation – Information – Evidence – Association The probable cause framework

© 2011 Cengage Learning Learning Outcome 1 How Does the Constitution Limit Police Behavior? – The Exclusionary Rule Fruit of the Poisoned Tree

2 LO © 2011 Cengage Learning Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.

© 2011 Cengage Learning Learning Outcome 2 When Can Police Stop and Frisk citizens? – The elusive definition of reasonable suspicion Terry v. Ohio (1968) The “totality of the circumstances” test A stop A frisk

© 2011 Cengage Learning

3 LO © 2011 Cengage Learning List the four elements that must be present for an arrest to take place.

© 2011 Cengage Learning Learning Outcome 3 What is Required to Make an Arrest? – Elements of an arrest Intent Authority Seizure or detention Understanding

© 2011 Cengage Learning Learning Outcome 3 What is Required to Make an Arrest? – Arrests with a warrant Entering a dwelling The waiting period – Arrests without a warrant Committed in the officer’s presence Knowledge and probable

© 2011 Cengage Learning Learning Outcome 3 What are the Rules for Search and Seizure? – The role of privacy Katz v. United States (1967) Two-pronged test for person’s expectations of privacy: – The individual must prove that he or she expected privacy. – Society must recognize that expectation as reasonable.

© 2011 Cengage Learning Learning Outcome 3 What are the Rules for Search and Seizure? – A Legitimate Privacy Interest California v. Greenwood (1988)

© 2011 Cengage Learning Learning Outcome 3 Search and seizure warrants – Officers must provide the following: Information showing probable cause that a crime has been or will be committed. Specific information on the premises to be searched, the suspects to be found and the illegal activities taking place at those premises, and the items to be seized.

© 2011 Cengage Learning

Learning Outcome 3 –What is required to gain a search warrant? –When are warrants not required for searches?

© 2011 Cengage Learning Video: Warrants

© 2011 Cengage Learning Learning Outcome 3 Search and seizure warrants – Particularity of search warrants – Reasonableness during a search and seizure

4 LO © 2011 Cengage Learning Explain when searches can be made without a warrant.

© 2011 Cengage Learning Learning Outcome 4 Search and Seizures Without a Warrant – Searches incidental to arrest United States v. Robinson (1973) Chimel v. California (1969)

© 2011 Cengage Learning Learning Outcome 4 Search and Seizures Without a Warrant – Searches with consent Factors for considering whether consent is voluntary: – The age, intelligence, and physical condition of the consenting suspects. – Any coercive behavior by the police, such as the language used to request consent. – The length of the questioning and its location.

© 2011 Cengage Learning Learning Outcome 4 Search and Seizures Without a Warrant – Searches of automobiles Carroll v. United States (1925) Warrantless searches of automobiles Pretextual stops – Plain view doctrine Coolidge v. New Hampshire (1971)

© 2011 Cengage Learning Learning Outcome 4 Search and Seizures Without a Warrant – Electronic surveillance Basic rules – Consent – Probable cause Video and digital surveillance – CCTV

© 2011 Cengage Learning Learning Outcome 4 –Why is the NSA tracking phone calls? –Do you agree that the NSA should be allowed to track phone calls? Why/why not?

© 2011 Cengage Learning Video: Tracking Phone Calls

5 LO © 2011 Cengage Learning Indicate situations in which a Miranda warning is unnecessary.

© 2011 Cengage Learning Learning Outcome 5 You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning.

© 2011 Cengage Learning Learning Outcome 5 The legal basis for Miranda: – The Fifth Amendment – Miranda v. Arizona (1966) The case The rights When a Miranda Warning is Required – Custodial interrogation

© 2011 Cengage Learning Learning Outcome 5 When a Miranda Warning is NOT Required – “routine booking questions” – No suspect, questioning at scene of crime – Volunteered information – Statement to friend/acquaintance – During a stop and frisk – During a traffic stop

© 2011 Cengage Learning Learning Outcome 5 When a Miranda Warning is NOT Required – Clear waiver – Clear intent