Unit 6 Seminar Rule of Law: Expounding the Constitution 4 th -5 th -6 th Amendments

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2 Unit 6 Assignments Did you take advantage of the break? Unit 6 quiz Unit 6 discussion board – Miranda warnings Unit 6 Seminar Have not finished grading unit 5 papers Review your grade report-submit work!

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 Unit 5 Mid term Review 2 questions- 3 levels of law enforcement and Vollmer Important to cite accurate and workable sources of information Paraphrase and summarize Do not copy and paste In line references and the reference page

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 4 Examples of References In line text- author last name and page number Romantic poetry is characterized by the "spontaneous overflow of powerful feelings" (Wordsworth 263). Or for Internet sources:  Only provide partial URLs such as when the name of the site includes, for example, a domain name, like CNN.com or Forbes.com as opposed to writing out or  Not necessary for common knowledge

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 Reference Page Examples Include the author name, article name and the entire web address The specific web page in addition to the main web page MLS Works Cited; Purdue Writing Lab, / I need the ability to read the same material Copy and paste the entire paper is not acceptable

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 6 Unit 7 Project Paper Read the scenario in unit 7 Additional directions were ed to you and posted in DOC section Use the directions and checklist What mistakes were made in the scenario? At least a minimum of 2 references to support your paper

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Movie time Definition of probable cause 4hL-5mrg&feature=related 4hL-5mrg&feature=related Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 8 Probable Cause Standard for legal arrest More than a mere hunch yet less than actual knowledge Probable cause must exist before the arrest Totality of the circumstances Officer’s knowledge of the facts at time of arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 9 Arrests With a warrant The best way for the police to effect an arrest is with a warrant Officer or person swears in a affidavit facts to establish probable cause A neutral magistrate issues the arrest warrant if he or she agrees that probable cause exists No exigent circumstances

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Arrests Warrantless Arrests Requires exigent circumstances – no time for a warrant with probable cause Court cases In a 1979 decision, the Court ruled that police may not randomly stop a single vehicle to check driver’s license and registration only without Vehicle violation

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 11 Arrests In 1990, the Court ruled that the stopping of all vehicles passing through sobriety checkpoints did not violate the Constitution Police are not required to give drunk- driving suspects Miranda warnings Police may arrest everyone in a vehicle in which drugs are found Road blocks to collect information about a crime allowed

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 Arrests Writ of habeas corpus A writ requiring an incarcerated person to be brought before a judge for an investigation of the restraint of that person’s liberty The means of remedying wrongful arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13 Movie time Probable cause and searches bAXnZ-Z8&feature=related bAXnZ-Z8&feature=related Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 Fourth Amendment Intended to limit overzealous behavior by the police Does new technology justify searches without a warrant or PC? Right to privacy versus society right to search Should police have the right to warrantless searches?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Fourth Amendment Exclusionary Rule All evidence obtained in violation of the Fourth Amendment be excluded from government’s use in a criminal trial Weeks v. United States (1914) Fruits of the poisonous tree doctrine Olmstead v. United States (1928)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 Search and Seizure Incident to lawful arrest Search allowed for valid arrest Reasonable under 4 th amendment Protective sweep of premise for safety Field interrogation Terry v. Ohio (1968) Detain without probable cause

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 Search and Seizure Plain view searches Searches with consent Schneckloth v. Bustamonte (1973) Can deny request for consent What is considered consent to search? Is there freedom to say no to police?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 Fifth Amendment Right against self-incrimination Does not include blood samples, handwriting and others not considered to be testimony Prevents torture and other means to obtain confession Miranda v. Arizona (1966) Once arrested, warnings must be given before interrogation We can continue Miranda discussion on unit 6 discussion board

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 19 Movie time Right to Counsel AkeMpggZpghttp:// AkeMpggZpg Click the link or copy and paste the link into a new explorer window When finished return to class

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved th Amendment Speedy and public trial Impartial jury of the state Informed of all charges Confront witnesses Right to counsel Gideon v Wainwright

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 21 Goodnight Remember to post early responses to discussion board Review grade report for missing assignments Complete unit 6 quiz Submit 200 word paper for missed seminars AIM jminella124