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 Agenda for Seminar 2 Welcome Questions/Comments Learning Objectives Seminar Topic-Police Encounters Unit 2 Paper 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 Felony if there is 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 (Terry Stop) 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 (“Pat Down”) When can a police officer frisk (pat down) 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 (“pat down”) 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 Due Tuesday Criteria: Ask yourself the following question Purpose for Writing Did you identify the levels of police encounter involved in the problem? Did you describe the legal requirements needed to justify each encounter? Did you analyze the facts in the problem against each level of encounter to determine if Officer Smith was justified? Research Did you support you have analysis with legal cases or other academic sources? Is your research Current? Did you use Credible Sources? Did you answer all the questions in a Substantive manner? Content Is your content Accurate? Is your content Comprehensive enough to address the topic?

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Example: A-answer, R-rule, A-analysis-conclusion ARAC Yes/No, Officer Smith had reasonable suspicion to make the initial stop of the vehicle. In the case of Terry v. Ohio, the Supreme Court discussed the requirements for reasonable suspicion. The Court stated……………………In this fact pattern, Officer Smith noticed………………………….. Therefore, Officer Smith did/did not have reasonable suspicion to make the initial stop of the vehicle.

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 June 19th Finish Discussion Board Q’s Take Quiz Check weekly announcements