1. Chapter 12: Criminal Justice Process ~ The Investigation Objective: Student should be able to correlate how the constitution relates to an investigation process & the differences between federal & local procedures.

2. Arrest Defined: to take a person suspected of a crime into custody Defined: to take a person suspected of a crime into custody Arrest Warrant: a court-ordered document authorizing the police to arrest an individual on a specific charge Arrest Warrant: a court-ordered document authorizing the police to arrest an individual on a specific charge Probable Cause: a reasonable belief, known personally or through reliable sources, that a specific person has committed a crime Probable Cause: a reasonable belief, known personally or through reliable sources, that a specific person has committed a crime

3. Arrest (Continued) Drug Courier Profile: using commonly held notions of what typical drug couriers look and act like in order to be able to question a person without establishing individualized suspicion Drug Courier Profile: using commonly held notions of what typical drug couriers look and act like in order to be able to question a person without establishing individualized suspicion Corroborate: to confirm information Corroborate: to confirm information Reasonable Suspicion: evidence that justifies an officer in stopping & questioning an individual believed to be involved in criminal activity; based on less evidence than probable cause but more than mere hunch Reasonable Suspicion: evidence that justifies an officer in stopping & questioning an individual believed to be involved in criminal activity; based on less evidence than probable cause but more than mere hunch

4. Stop & Frisk Defined: to “pat down” or search the outer clothing of someone whom the police believe is acting suspiciously Defined: to “pat down” or search the outer clothing of someone whom the police believe is acting suspiciously DOES NOT NEED PROBABLE CAUSE: A police office may go up to ANY individual & ask to speak to him/her DOES NOT NEED PROBABLE CAUSE: A police office may go up to ANY individual & ask to speak to him/her Vehicle stops: technically are under arrest because driver not free to leave until police says can go. Vehicle stops: technically are under arrest because driver not free to leave until police says can go.

5. Search & Seizure Fourth Amendment!!! Fourth Amendment!!! Exclusionary Rule: a legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial Exclusionary Rule: a legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial –Applies to violations of a defendant’s 4 th, 5 th or 6 th Amendment rights Fruit of the Poisonous Tree Fruit of the Poisonous Tree

6. Searches with a Warrant Search Warrant: a court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to search for & seize items related to a crime Search Warrant: a court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to search for & seize items related to a crime Bona Fide: a Latin term meaning “in good faith” Bona Fide: a Latin term meaning “in good faith” 1.Characterized by good faith & lack of fraud or deceit 2.Valid under or in compliance with the law Affidavit: a written statement of facts sworn to or made under oath before someone authorized to administer an oath Affidavit: a written statement of facts sworn to or made under oath before someone authorized to administer an oath

7. Searches WITHOUT a Warrant Incident to Lawful Arrest Incident to Lawful Arrest Stop & Frisk Stop & Frisk Consent Consent Plain View: (If can see Contraband~ Illegal items) Plain View: (If can see Contraband~ Illegal items) Hot Pursuit Hot Pursuit Vehicle Searches Vehicle Searches Emergency Situations Emergency Situations Border & Airplane Searches Border & Airplane Searches

8. Public School Searches 4 th Amendment only protects against UNREASONABLE searches & seizures 4 th Amendment only protects against UNREASONABLE searches & seizures New Jersey v. TLO 1985: Courts recognized that although a student had a reasonable expectation of privacy, Schools only need REASONABLE SUSPICION to believe a search will turn up evidence New Jersey v. TLO 1985: Courts recognized that although a student had a reasonable expectation of privacy, Schools only need REASONABLE SUSPICION to believe a search will turn up evidence

9. Suspicionless Searches Searches & seizures usually unreasonable if there is NO individual suspicion of wrongdoing. Searches & seizures usually unreasonable if there is NO individual suspicion of wrongdoing. Courts upheld exceptions: Courts upheld exceptions: –Fixed point searches at or near the border (25 mile rule) –Mandatory drug/alcohol test for all employees involved in railroad accidents

10. Racial Profiling in Police Investigations Racial Profiling: the inappropriate use of race as a factor in identifying people who may break or who may have broken the law Racial Profiling: the inappropriate use of race as a factor in identifying people who may break or who may have broken the law General rule: General rule: –It is inappropriate for an officer to stop a person solely because of his/her race –HOWEVER, in some situations, officers may appropriately use race as one factor among others in deciding whom to stop