1. CRIMINAL JUSTICE PROCESS: THE INVESTIGATION Chapter 12

2. Arrest  When a person suspected of a crime is taken into custody  Arrest warrant:  Court order commanding that the person suspected of a crime be arrested on a specific charge  Probable cause:  Reasonable belief, known personally or through reliable sources, that a specific person has committed a crime Drug courier profile Corroborate Reasonable suspicion

3. Drug Courier Profile  Help establish a probable cause for arrest  Based on commonly held notions concerning the typical age, race, personal appearance, behavior, and mannerisms of drug couriers  Basis to stop and question  Individualizes suspicion should be required, not generalized characteristics ReasonArgument

4. The Arrest cont’d  Corroborate:  In order to obtain an arrest warrant, police must confirm an informants tip with information from other sources  Reasonable suspicion:  Belief that an individual is involved in criminal activity  Based on less evidence than probable cause  Stop and Frisk:  Limited pat-down of a person’s outer clothing if police fear a person is armed and dangerous  Can happen at any time

5. Deadly Force  Police can use “deadly force” only when necessary  Incidents involving dangerous or threatening suspects  Only in escapes where suspect is believed to pose a significant threat of death to others

6. Search and Seizure  The Constitution does not give explicit right to privacy  The 4 th Amendment does set out the right to be free from “unreasonable searches and seizures”  Limits the power of government  Searches are reasonable when authorized by a valid warrant  Can be warrantless as long as reasonable  Did the person expect privacy in a particular situation... Garbage is no longer private  Exclusionary rule  Prohibits the use of illegally obtained evidence against the defendant at trial

7. Searches with a Warrant  Affidavit  A sworn statement of facts and circumstances that provides the probable cause to believe a search is justified  Search Warrant  Court order obtained from a judge who believes there is a genuine need to conduct a search  Warrant specifically describes the person or place to be searched and particular things to be seized Search must be made within a certain number of days Daylight If looking for stolen televisions, police cannot look in drawers Can seize evidence in plain view

8. Searches without a Warrant  Search incident to a lawful arrest  Area immediately around an arrested person  Stop and frisk  Person behaving suspiciously  Consent  Border and airport  Vehicle searches  Must be based on probable cause  Plain view  Hot pursuit  Emergency situations

9. Suspicionless Searches  Border search  Highway sobriety checkpoints  Drug/alcohol tests

10. Racial Profiling  Inappropriate use of race as a factor in identifying people who may break or have broken the law  Violates a person’s Constitutional right to equal protection before the law as well as the presumption of innocence  Cannot be solely based on race, ethnicity, national origin, or religion

11. Interrogations and Confessions  Interrogate  Question an accused person  Self incrimination  A person has the right to remain silent and cannot be forced to testify against himself or herself at trial 5 th Amendment  Government bears the burden of proof

12. Miranda v. Arizona  Ernesto Miranda was accused of kidnapping and raping an 18 year old girl  After arrest and interrogation, Miranda confessed to the crime  He was not aware of his rights  Appealed to the Supreme Court  The police must inform people of their rights before they are taken into custody

13. Exceptions to the Miranda rule  Police can ask questions related to public safety before advising suspects of their rights  Custodial Interrogation:  Questioning by law enforcement officers after a person has been taken into custody or deprived of freedom of action