PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Criminal Procedure CJ 227 Agenda for Seminar 2 Welcome Questions/Comments Learning Objectives Seminar Topic-Police Encounters Adjournment

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Miranda v. Arizona Custody and Interrogation 5 th Amendment

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Pre- Miranda Cases Brown v. Mississippi Ashcraft v. Tennessee

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ What is the definition of an arrest? Police Encounters

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Arrest Elements with or without a warrant Intending to take a person into custody Exercising authority to do so Detaining or restraining the person to be arrested The arrestee understanding what is happening

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Lawful Arrests When can an officer make a lawful arrest?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Lawful Arrests Crime committed in their presence Probable cause With an arrest warrant

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Probable Cause What is probable cause?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Probable Cause to Arrest What are the two elements of probable cause?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ “Stop” not an arrest Is a stop subject to the Fourth Amendment? What is the definition of a stop compared to an arrest?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Temporary Detention Definition What are the factors that the courts use to determine if detention was reasonable?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Terry v. Ohio “…there is no ready test for determining the reasonableness other than by balancing the needs to search against the invasion which the search entails. The procedures used by the police in these situations must be governed by the exigencies which justify the initiation.”

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Questions True or False?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Frisk When can a police officer frisk an individual ?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Reasonable Belief What facts would give rise to an officers' belief that a stopped individual might be armed and dangerous

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Hypothetical Officer Smith stops a car for a traffic violation. The traffic violation constitutes reasonable suspicion. However, when the driver rolls down the window the officer smells marijuana. The officer asks the driver to step out of the car and he conducts a limited pat down search. As the she does the pat down she feels and can see the outline of a pot pipe in the driver’s front shirt pocket. Reasonable suspicion is escalated to probable cause. The officer arrests the suspect. What kind of search is now permitted? How does a frisk compare to a search incident to arrest

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ True or False A crime committed in an officer’s presence means that the officer must see the baggie of marijuana or see the individual smoke the marijuana?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Paper Reasonable Suspicion “Pat Down” Exigent Circumstances “Plain View” Marijuana Admissible? Define, Explain and Cite legal authority and apply facts to law ARAC

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Adjournment Have a great week!!! Paper Due by Tuesday Finish Discussion Board Q’s Take Quiz Check weekly announcements