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Chapter 6 Police and the Constitution: The Rules of Law Enforcement

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Presentation on theme: "Chapter 6 Police and the Constitution: The Rules of Law Enforcement"— Presentation transcript:

1 Chapter 6 Police and the Constitution: The Rules of Law Enforcement
© 2015 Cengage Learning

2 LO1: Outline the four major sources that may provide probable cause.
Learning Outcomes LO1: Outline the four major sources that may provide probable cause. LO2: Explain when searches can be made without a warrant. LO3: Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio © 2015 Cengage Learning

3 LO5: Indicate situations in which a Miranda warning is unnecessary.
Learning Outcomes LO4: List the four elements that must be present for an arrest to take place. LO5: Indicate situations in which a Miranda warning is unnecessary. © 2015 Cengage Learning

4 LO1 Outline the four major sources that may provide probable cause.
© 2015 Cengage Learning

5 How Does the Constitution Limit Police Behavior?
Limitations How Does the Constitution Limit Police Behavior? Searches and Seizures Probable Cause Reasonableness Logical, practical, sensible, intelligent, plausible © 2015 Cengage Learning

6 How Does the Constitution Limit Police Behavior?
Limitations How Does the Constitution Limit Police Behavior? Probable cause Sources of probable cause Personal observation Information Evidence Association The probable cause framework © 2015 Cengage Learning

7 How Does the Constitution Limit Police Behavior?
Limitations How Does the Constitution Limit Police Behavior? The Exclusionary Rule Fruit of the Poisoned Tree Inevitable discovery exception Good faith exception © 2015 Cengage Learning

8 LO2 Explain when searches can be made without a warrant.
© 2015 Cengage Learning

9 Searches Katz v. United States (1967)
Two-pronged test for a persons’ expectation of privacy Individual must prove that she/he expected privacy Society must recognize that expectation is reasonable © 2015 Cengage Learning

10 Search and seizure warrants
Searches Search and seizure warrants Information showing probable cause that a crime has been or will be committed. Specific information on the premises to be searched, the suspects to be found and the illegal activities taking place at those premises, and the items to be seized. © 2015 Cengage Learning

11 Searches Seizure: Items resulting from the crime
Items that are inherently illegal for anyone to possess Items of “evidence” Items used in committing the crime © 2015 Cengage Learning

12 Search and seizure warrants
Searches Search and seizure warrants Particularity of search warrants Reasonableness during a search and seizure AP Photo/Reed Saxon © 2015 Cengage Learning

13 Figure 6.1 Example of a Search Warrant
© 2015 Cengage Learning

14 Search Incident to Arrest
United States v. Robinson (1972) The need for a police officer to find and confiscate any weapons a suspect may be carrying. The need to protect any evidence on the suspect’s person from being destroyed. © 2015 Cengage Learning

15 Determining voluntariness:
Consent Search Determining voluntariness: Age, intelligence, and physical condition of the consenting suspect. Any coercive behavior by the police. The length of the questioning and its location. © 2015 Cengage Learning

16 Search and Seizures Without a Warrant
Searches of automobiles Carroll v. United States (1925) Warrantless searches of automobiles Pretextual stops Plain view doctrine Coolidge v. New Hampshire (1971) © 2015 Cengage Learning

17 Search and Seizures Without a Warrant
Electronic surveillance Basic rules Consent Probable cause Video and digital surveillance CCTV © 2015 Cengage Learning

18 LO3 Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.
© 2015 Cengage Learning

19 When Can Police Stop and Frisk citizens?
The elusive definition of reasonable suspicion Terry v. Ohio (1968) The “totality of the circumstances” test A stop A frisk Mark Richards/PhotoEdit © 2015 Cengage Learning

20 LO4 List the four elements that must be present for an arrest to take place.
© 2015 Cengage Learning

21 What is Required to Make an Arrest?
Elements of an arrest Intent Authority Seizure or detention Understanding Justin Sullivan/Getty Images © 2015 Cengage Learning

22 Arrest © Cengage Learning. All Rights Reserved.

23 What is Required to Make an Arrest?
Arrests with a warrant Entering a dwelling The waiting period Arrests without a warrant Committed in the officer’s presence Knowledge and probable © 2015 Cengage Learning

24 LO5 Indicate situations in which a Miranda warning is unnecessary.
© 2015 Cengage Learning

25 Miranda You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to speak with an attorney and to have the attorney present during questioning. If you so desire and cannot afford one, an attorney will be appointed for you without charge before questioning. © 2015 Cengage Learning

26 The legal basis for Miranda:
The Fifth Amendment Miranda v. Arizona (1966) The case The rights When a Miranda Warning is Required Custodial interrogation © 2015 Cengage Learning

27 When a Miranda Warning is NOT Required
“routine booking questions” No suspect, questioning at scene of crime Volunteered information Statement to friend/acquaintance During a stop and frisk During a traffic stop © 2015 Cengage Learning

28 When a Miranda Warning is NOT Required
Clear waiver Clear intent Photo by Chris Hondros/Getty Images © 2015 Cengage Learning

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