1. Criminal Investigation: Laws of Arrest, Search and Seizure
Unit 7
Ola Law & Justice
Introduction to Public Safety

2. Arrest Probable Cause must exist to place somebody under arrest
Probable Cause defined- A reasonable belief, based on the reasonable person standard, that a crime was committed and that the arrested person committed the crime.
Criminal Charges- don’t always follow arrest

3. Detention
Is a temporary and limited interference with the freedom of a person for investigative purposes
An officer must have reasonable suspicion to detain somebody for investigation
Reasonable Suspicion- A reasonable belief by a reasonable person with similar experience and training as the officer that crime is afoot and the person detained may be involved in the crime.
The detention must be brief with limited investigation, and the officer must then decide either to release or arrest the subject

4. Probable Cause Continuum
No Information
A Hunch
Reasonable Suspicion
Reasonable Grounds
Probable Cause
Preponderance of the Evidence
Beyond a Reasonable Doubt
No Information means that the officer has no knowledge about the crime.
Hunch means that the officer has a gut feeling that something is not right, but the officer cannot point to any specific facts; it is something like intuition.
Suspicion means that the officer knows a minor fact, or has some larger fact that came from an unknown or unreliable source that suggests that evidence may be located somewhere.
Reasonable Grounds means that the officer knows several minor facts or a larger fact, or a large fact from a source of unknown reliability that points to a particular person engaging in some criminal activity.
Probable Cause a reasonable belief, known personally or through reliable sources, that a person has committed a crime. Essentially means that an officer has enough evidence to lead a reasonable person to believe that the items searched for are connected with criminal activity and will be found in the place to be searched.
Preponderance of the Evidence is the amount of evidence needed to be successful when suing in a civil case. It means that evidence must be "more likely than not," more than 50% in order to win.
Beyond a Reasonable Doubt is the highest amount of proof and is required to convict a person of a criminal charge.

5. Arrest Procedures
An arrest may be made under the following circumstances
Warrant is issued by a Judge
When a misdemeanor is committed in the presence of an officer
When the officer has probable cause to believe that a felony has been committed and the suspect committed the felony, whether or not in the officer’s presence
Statutory instances
Domestic Violence (misdemeanor cases)
DUI cases

6. The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

7. Exclusionary Rule Illegally seized evidence generally cannot be used:
If a court decides that a search or seizure was illegal, the evidence gained from the search cannot be used against the defendant.
The defendant can still be tried and convicted, but only legal evidence can be used at the trial.

8. Fruit of the Poisonous Tree
In addition to being excluded as evidence against the defendant, evidence resulting from an illegal search may not be used to discover other evidence.
The "tree" is the evidence that the police illegally seize in the first place; the "fruit" is the second-generation product of the illegally seized evidence.
Example: Officer Wiley arrests Hy Lowe for selling phony telephone cards. A judge rules that Officer Wiley illegally entered Lowe's home and improperly seized a map showing the location where Lowe hid the phone cards. Because Officer Wiley obtained the map through an illegal search, the phone cards are the fruit of that unlawful search and are therefore inadmissible in evidence.

9. 4th Amendment warrant exceptions
1.  Search incident to a lawful arrest
2.  Stop and frisk
3.  Consent
4.  Plain view
5.  Hot pursuit
6.  Vehicles
7. Emergencies
8. Border and Airport
9. Schools and the military

10. Search Incident to Lawful Arrest
Police may search a lawfully arrested person and the area immediately around that person (for hidden weapons or for evidence that might be destroyed).
Chimel v. California
Protective Sweep:
Maryland v. Buie

11. Stop and Frisk (Terry Search)
Police who reasonably think that a person is behaving suspiciously and is likely to be armed may stop and frisk the suspect for weapons. Search may only be for weapons.
Terry v. Ohio

12. Consent
When a person voluntarily agrees, the police may conduct a search without a warrant or probable cause.
Consent can transform an otherwise illegal search into a legal one.
A person can be polite and respectful while still asserting your rights.

13. Plain View
If an object connected with a crime is in plain view and can be seen from a place where an officer has a right to be, it can be seized without a warrant.
“Plain smell” and “plain hearing” count, too.

14. Hot Pursuit
Police in hot pursuit of a suspect are not required to get a search warrant before entering a building that they have seen the suspect enter,
Evidence found during hot pursuit of a suspected felon is admissible, even against people totally unrelated to the pursuit.

15. Vehicle Searches
A police officer who has probable cause to believe that a vehicle contains illegal items can search it without a warrant.
This is based on the idea of exigent circumstances and a reduced expectation of privacy in your car.
While the right to privacy is greater inside a residence outside of public view, it still exists on public roads in cars.

16. Schools New Jersey vs. TLO (1985)
School authorities need only reasonable suspicion to search students and their belongings. Usually probable cause is the standard to search beyond a “pat search” with reasonable suspicion that a person “may have” a weapon.

17. Suspicionless searches
Airports
School athletes
Railroad workers
DUI checkpoints
Probation and Parole search clauses

18. Emergency Situations
In certain life threatening emergencies, the police don’t have time to get a warrant.
The evidence they find in the course of dealing with the emergency is admissible.
“Cop Hears Screams” Hypo.
Example: A police officer enters a house after hearing screams inside. While inside, he or she realizes that the screams were a television show, but does discover evidence of a DVD piracy ring. This evidence is probably admissible, if a judge decides that it was reasonable to believe that the screams were real.

19. Profiling
Racial profiling
Criminal profiling

20. Miranda Vs Arizona 1966 Originates through the: 5th amendment

21. Miranda v. Arizona (1966)
If you take someone into custody and their freedom is deprived in a significant way read the Miranda warning before questioning them about the crime
If a suspect chooses to remain silent, ask no further questions
Same if they want an attorney
If they waive their rights they must do it intelligently and knowingly

22. Miranda Warning You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to speak to an attorney, and to have an attorney present during any questioning.
If you cannot afford a lawyer, one will be provided for you at government expense.