1. The Investigation Chapter 12
Once a crime has been reported an investigation follows. The investigation can lead to an arrest.

2. Arrest When a person is taken in to custody Must be for a reason
If you are not free to leave you are under arrest
If you are pulled over by a cop are you under arrest?
Refusal to speak at traffic stop (not a good idea)

3. Arrest Warrant A court order to take on in to custody
Issued by a judge.
Must have probable cause to issue

4. Probable cause
Must have reasonable belief that a person has committed the crime in question.
Has to be more than just a suspicion.
No standard to explain probable cause.

5. Drug Courier Profile
If one fits a profile authorities now have probable cause.
Do problem 12.1

6. Reasonable Suspicion
One can be questioned by law enforcement, if you do not want to answer you can walk away.
If the officer has reasonable suspicion he can than hold you.
If you run they have probable cause.
Probable Cause and Stop and Frisk explained

7. Force How much force can police use Enough to control a situation
Can use deadly force if their life is threatened or if the assailant is running and believed to be an immediate danger to others.

8. 4th amendment
Amendment Limits The Conditions Under Which Police May Search for and Seize Evidence and People [Privacy Amendment]
A. No “Fishing Expeditions” by public officials [a search must be reasonable and based on probable cause].
B. In most cases, a search or arrest warrant will be necessary. The warrant must describe the specific place to be searched and the persons or things to be seized.
C. A police officer may chase a suspect into his house & not secure a warrant (this would be probable cause).
D. The Supreme Court has ruled that evidence gained as a result of an unlawful search or seizure cannot be used at the trial. [Exclusionary Rule–has to be excluded]

9. TSA pat down

10. Search Warrant
Court order by judge who believes there is a bonafide need to search. Their discretion is based on an affidavit from an officer.
Must be specific to what is to be searched
Officers must first knock before entering.

11. Exclusions to warrant A search of persons when placed under arrest.
Stop and frisk- officer thinks a person is reasonable acting suspicious.
Consent (only for your stuff)
Plain View
Hot Pursuit
Vehicle search –Has probable cause there is contraband

12. Exclusions to warrant cont’
Emergency situations – bomb threats, screams, smoke
Boarder and airport searches- boarder can search without warrants or probable cause. Customs agents can do searchers with reasonable suspicion.
Airport security can search all baggage and screen individuals. More searches since 9/11

13. Racial Profiling
Inappropriate use of race as a factor in identifying people who may break or have broken the law.
Can’t stop someone just based on race
Problem 12.9 page 151

14. Public school searches
School have much power when it comes to searches
Only needs reasonable suspicion and school officials may search.
Lockers can be searched at any time because it is the schools property.
Searches can happen if officials believe school rule are violated
Should school be allowed give a breathalyzer to enter dances?
Problem 12.7 page 150

15. Interrogations and Confessions
Interrogation is the questioning of the accused.
Self incrimination- 5th amendment can not be forced to testify against themselves. ( it is the governments responsibility to bear the burden of proof)
6th amendment have the right to an attorney.

16. Miranda v. Arizona
1966
Need to be read to you if the cops plan on using what you state against you in court.
If your rights are not read to you anything you say can not be used in court.
Now you need to sign a waiver (overhead)
Courts ruled that police can question before arresting, without reading rights, if it is in the interest of public safety.
Do problem & page 153 &154 respectively
The Case of Ernesto Miranda