2. THE CRIMINAL JUSTICE PROCESS: THE INVESTIGATIVE PHASE
CHAPTER 12

3. Take Note!!!
You do not have to copy anything that is in red text!!

4. The Criminal Justice System includes everything that happens to an individual; investigation, arrest, prosecution, conviction, detention, and release
Most crimes are prosecuted under State Law
Typically all cases follow a certain process going from step to step.
After arrest a person could be freed at any step of the process
The Investigation is the important first step!
The investigation, and following steps, must follow the laws and regulations set out by the Constitution and the Courts of the United States

6. ARREST
IS WHEN A PERSON SUSPECTED OF A CRIME IS TAKEN INTO POLICE CUSTODY
A PERSON CAN BE ARRESTED BY TWO WAYS
1. ARREST WARRANT
2. PROBABLE CAUSE

7. ARREST WARRANT IS A COURT ORDER REQUIRING THAT A PERSON BE TAKEN INTO POLICE CUSTODY
PROBABLE CAUSE IS REASONABLE BELIEF THAT A PERSON HAS COMMITTED A CRIME

11. SEARCH AND SEIZURE
AMERICANS ARE PROTECTED AGAINST UNWARRANTED SEARCH AND SEIZURES (4TH AMENDMENT)
SEIZURE IS TAKING ANYTHING BY FORCE

12. Drug Courier Profile- suspected criminal based on typical age, race, personal appearance, behavior, and mannerisms of people trafficking drugs
Police can establish probable cause based on information given to them from the community or informants
Judges will base decisions on warrants or arrests based on many things but may include an informants track record, and corroboration by officers
Corroborate- to confirm, usually by police officers of information given by a “layperson”
Reasonable Suspicion- Evidence that justifies an officer in stopping and questioning a person believed to be involved in a crime [less evidence than Probable Cause]

13. Citizens of the United States expect to have a “right to privacy”, unfortunately there is no explicit “right to privacy” in the Constitution.
There is obviously the 4th Amendment and the freedom from unreasonable searches and seizures, but that is only directed at the “state” not private citizens or companies.
If there is an unwanted violation of privacy by a person or company their may be civil or even criminal action… peeping toms, trespassing, etc.
As for the “state” dealing with searches and seizures there are limits but there are many exceptions to unreasonable searches and seizures.

14. SEARCH WARRANT
IS A COURT ORDER THAT ALLOWS A CERTAIN PROPERTY TO BE SEARCHED
POLICE MUST COMPLETE AN AFFIDAVIT WHICH IS A SWORN STATEMENT OF FACTS
EXCLUSIONARY RULE EVIDENCE SEIZED IN AN ILLEGAL SEARCH CANNOT BE USED IN A TRIAL

16. SEARCHES W/O A WARRANT
1. SEARCH INCIDENT TO A LAWFUL ARREST THIS ALLOWS THE POLICE TO SEARCH A LAWFULLY ARRESTED PERSON
2. STOP AND FRISK THIS ALLOWS FOR THE SEARCH OF A PERSON WHO IS ACTING SUSPICIOUSLY

17. 3. CONSENT A PERSON VOLUNTARILY AGREES TO BE SEARCHED
4. PLAIN VIEW IF AN OBJECT IS IN PLAIN VIEW OF A LAW ENFORCEMENT OFFICER
CONTRABAND IS ANY ILLEGAL ITEM
5. HOT PURSUIT POLICE ARE ALLOWED TO FOLLOW A SUSPECT INTO A BUILDING

18. 6. VEHICLE SEARCHES POLICE OFFICERS ARE ALLOWED TO SEARCH A VEHICLE IF THEY FEEL THAT THE VEHICLE CONTAINS CONTRABAND
7. EMERGENCY SITUATIONS IN AN EMERGENCY, POLICE CAN ENTER A BUILDING WITHOUT A WARRANT
8. BORDER AND AIRPORT SEARCHES CUSTOMS AGENTS ARE ALLOWED TO SEARCH INDIVIDUALS AND LUGGAGE WITHOUT PROBABLE CAUSE

21. Racial Profiling in Police Investigations
Racial Profiling- Inappropriate use of race as a factor identifying people who may break or have broken the law
Profiling can take the form of inappropriate police action based on ethnicity, national origin, or religion as well as race.
Example: Searching an “Arab” looking person because of that at an airport
The general rule is that it is inappropriate for an officer to stop a person SOLEY based on his or her race, ethnicity, national origin, or religion.

23. INTERROGATIONS INTERROGATE– TO QUESTION
POLICE HAVE THE RIGHT TO INTERROGATE A SUSPECT

26. 3 IMPT SUPREME COURT CASES
1. MIRANDA V ARIZONA (1966)– THE SUPREME COURT RULED THAT A DEFENDANT MUST BE READ THEIR RIGHTS
MIRANDA RIGHTS
1. YOU HAVE THE RIGHT TO REMAIN SILENT

27. 2. IF YOU GIVE UP THAT RIGHT, ANYTHING YOU SAY CAN BE USED AGAINST YOU
3. YOU HAVE THE RIGHT TO AN ATTORNEY
4. IF YOU CANNOT AFFORD ONE, ONE WILL BE PROVIDED FOR YOU

30. 2. NJ V TLO (1985)– PRINCIPAL IS ALLOWED TO SEARCH A STUDENTS LOCKER, CAR, PERSON, ETC.
The Supreme Court has granted public schools broad powers to search without warrants or even “probable cause”, because of the interest to protect ALL students from dangers [Drugs, alcohol, weapons, bombs]

31. 3. MAPP V OHIO (1961)– THE SUPREME COURT THAT EVIDENCE GAINED ILLEGALLY CANNOT BE USED AGAINST A DEFENDANT