1. Chapter 5
Legal Issues in Criminal Investigation

2. Chapter Objectives
Identify the legal guidelines for conducting searches.
Explain the exception to the exclusionary rule.
Summarize what information must be contained on a search warrant.
Explain when warrantless searches are authorized by law.
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3. Chapter Objectives Define an arrest.
Explain what is required for an arrest to be legal.
Explain when police officers can use force.
Explain when police officers can use deadly force.

4. Identify the legal guidelines for conducting searches.
Learning Objective 5.1
Identify the legal guidelines for conducting searches.

5. Legal Guidelines for Conducting Searches
Probable cause
The minimum amount of information necessary to warrant a reasonable person to believe a crime has or is being committed by a person who is about to be arrested
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6. Legal Guidelines for Conducting Searches
Exclusionary rule
Excludes evidence that was obtained illegally, even though the evidence may be relevant and material
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7. Legal Guidelines for Conducting Searches
Cases relating to the exclusionary rule
Weeks v. United States (1914)
Silverthorne Lumber Co. v. United States (1920)
Mapp v. Ohio (1961)
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8. Legal Guidelines for Conducting Searches
Search incident to lawful arrest
Chimel v. California (1969)
A search made incidental to a lawful arrest must be confined to the area around the suspect's immediate control.

9. Explain the exceptions to the exclusionary rule.
Learning Objective 5.2
Explain the exceptions to the exclusionary rule.

10. Exceptions to the Exclusionary Rule
Good faith exception
United States v. Leon (1984)
Inevitable discovery doctrine
Nix v. Williams (1984)
Computer errors exception
Arizona v. Evans (1995)

11. Summarize what information must be contained on a search warrant.
Learning Objective 5.3
Summarize what information must be contained on a search warrant.

12. Search Warrants Search warrants are valuable investigative tools.
Authorize search of homes, businesses, and vehicles of suspects
Typically result in the arrest of multiple suspects
Expedite investigation and subsequent case closure
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13. Search Warrants
Search warrants allow officers to enter a designated location or structure and search for specific items.
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14. Search Warrants Specific information in the search warrant
Location to be search
Objects being sought
Probable cause indicating property to seize
Signature of judge authorizing the search
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15. Search Warrants Anticipatory search warrant
Probable cause particular evidence of a crime will be located at a particular place
May not be executed until the triggering condition occurs
United States v. Grubbs (2004)

16. Explain when warrantless searches are authorized under law.
Learning Objective 5.4
Explain when warrantless searches are authorized under law.

17. Warrantless Searches Exceptions to search warrants Consent searches
Searches under exigent circumstances
Searches incident to lawful arrest
Stop-and-frisk searches
Plain-view searches
Automobile searches
Open-field searches
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18. Warrantless Searches Consensual encounter Investigative detention
Police contact that does not involve an interrogation or arrest
Investigative detention
Statements or other circumstances from an individual create reasonable suspicion to believe the person has committed, is committing, or is about to commit a crime.

19. Learning Objective 5.5
Define an arrest.

20. Arrest
Arrest
The official interaction between a peace officer and a suspected lawbreaker when the suspect is captured and delivered before the court

21. Explain what is required for an arrest to be legal.
Learning Objective 5.6
Explain what is required for an arrest to be legal.

22. Legal Arrest Requirements
Probable cause exists for arrest.
Stansbury v. California (1994)
Payton v. New York (1980)
County of Riverside v. McLaughlin (1991)
Draper v. United States (1959)
Brinegar v. United States (1949)
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23. Legal Arrest Requirements
Police intervention classifications
Contact
Consensual encounter
Investigative detention
Arrest
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24. Legal Arrest Requirements
Terry stop
Brief
Conducted efficiently
Confined to investigating the suspicion that prompted the stop
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25. Legal Arrest Requirements
A person is considered under arrest when their liberty is restrained and they are brought under an officer's control.

26. Explain when police officers can use force.
Learning Objective 5.7
Explain when police officers can use force.

27. Police Use of Force Three legitimate forms Self defense
Control of those under one's care and custody
Institution of a police group
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28. Police Use of Force Graham v. Connor (1989)
Use of force for two reasons
Defense
Control
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29. Police Use of Force Determining reasonable force
Severity of the crime committed
Immediate threat to safety
Resist arrest or attempt to flee

30. Explain when police officers can use deadly force.
Learning Objective 5.8
Explain when police officers can use deadly force.

31. Figure 5–5 Decision Model: The Deadly Force Triangle
Figure 5–5 Decision Model: The Deadly Force Triangle. Source: From Olson, D. T. (1998). Improving deadly force decision making. FBI Law Enforcement Bulletin February: 1–8.

32. Police Use of Deadly Force
Fleeing-felon rule allows reasonable deadly force under three circumstances.
Preventing escape when the suspect has threatened an officer with a weapon
Threat of death or serious injury to the officer or others
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33. Police Use of Deadly Force
Fleeing-felon rule allows reasonable deadly force under three circumstances.
Probable cause to believe the suspect has committed a crime involving infliction or threatened infliction of serious physical injury, and when practical some warning has been given by the officer

34. Chapter Summary
Investigators must remember they not only must have legal grounds to begin a search, but while conducting the search they must not contaminate any evidence.
The exclusionary rule states that courts will exclude any evidence that was illegally obtained even though it may be relevant material.
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35. Chapter Summary
The search warrant is one of the most valuable tools in criminal investigation.
Depending on certain statutory restraints, an officer can make an arrest without an arrest warrant provided probable cause exists.
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36. Chapter Summary
An arrest is the act of the police officer taking a person into custody after establishment of probable cause based on the totality of circumstances.
Probable cause is required for an arrest.
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37. Chapter Summary
Police are granted specific legal authority to use force under certain conditions.
An officer's force response is dependent on the suspect's level or threat of resistance.