1. Arrest © Probable Cause Terry Stop is not necessarily an unreasonable seizure An Arrest occurs when the subject submits or PO takes actual physical control Seizure is unreasonable –PO lacks reasonable grounds for seizure Lacks PC Unable to articulte facts to support reasonable suspicion –PO failed to obtain a AR warrant when one was necessary (arrest inside home) –PO uses excessive force

2. Consequences of Illegal Arrest © Exclusionary Rule Lawsuit under 1983 or State Law PO’s arrest

3. Three Types of Citizen Encounters © Voluntary Encounters/Consensual Terry Stops/Investigative Arrests

4. Free to Leave © Time and place Number of POs PO speaks in authoritarian voice Uses overbearing or threatening language PO touching subject Po surrounding suspect Po obstructing path of exit Draw a weapon PO tells subject they are a suspect Suspect is lone or with others Did PO tell suspect they are free to leave Barricades or roadblocks Firing weapon or firing warning shot Yelling stop or freeze Handcuffing or grabbing Grabbing car keys or DL

5. PO/Subject Participation © PO’s level of cognition Hunch Reasonable suspicion PC Subjects participation Choice Somewhere in between No Choice

6. Informant © Someone who wishes to remain anonymous or did they identify themselves Provides detailed account of criminal activity they observed Provides a description sufficient to enable police to identify subject When tip carries low reliability –Police must corroborate information independently such as predicting subjects actions Info from other POs is reliable for PC but will be excluded if original PO was inaccurate.

7. Terry/Investigative Stop © Communicate with others to verify subjects explanation Computer check Show-up identification Finger print detainee Bring in the Narco Dogs Request permission to –Conduct Search –Administer Breathalyzer –Perform other procedures to further investigation with permission NO MIRANDA WARNINGS

8. Terry /Investigative Stop No/Nos © Taking subject to police station Searching subject for anything other than a weapon Displaying weapon, using handcuffs or placing subject in to squad car unless these measures are necessary for safety Moving the subject to a second location when the move in not necessary to further investigation or safety Investigating matters beyond the scope of the stop for which the officer lacks RS

9. US v. Place © “Do nothing that is more intrusive than necessary to accomplish the purpose of the stop, having due regard for safety.” 90 minutes is generally to long for a terry stop.

10. Traffic/Vehicle Stops © All vehicle stops = seizure PC to make traffic stop/RS to stop motorist for investigation PO cannot randomly stop motorists for DL or Registration Checks –Roadblocks are not random in that they are authorized and regulated by police management prior to being instituted Pretextual traffic stops are authorized and subjective reasons are irrelevant

11. What Can PO Do During Traffic Stop © Order motorist and passengers out of the vehicle and remain outside during stop Ask if they have weapons in vehicle Visually look inside vehicle & shine flashlight Run criminal background check RS that occupants are armed and dangerous to frisking occupants & searching passenger compartment Asking about drugs in vehicle courts have found is productive use of downtime during traffic stop De-escalating traffic stop into a voluntary encounter is acceptable Physical arrest for traffic violation is OK but no arrest for traffic citation Racial profiling is not OK

12. A Constitutional Arrest © Terry v. Ohio creates a distinction between an arrest and a defacto arrest Prompt review of a warrantless arrest –48hours –Preliminary Hearing in Cook County PC for arrest PC for Search Warrant = Probability that evidence of criminality, or contraband, is located on the premises

13. Specific Articulable Facts to Establish PC © Physical Evidence Info from other Law Enforcement Agencies Police Records Eyewitnesses Victims Informants Rational Inferences based on experience Furtive movements False or Improbable answers

14. Warrants © Person to be seized must be described with particularity To arrest someone in their own home –Need an Arrest Warrant unless –Exigent circumstances To arrest someone at someone elses home –You need a SW for the home and an AW for the person Knock and Announce

15. Exceptions to the SW Requirement © Exigent Circumstances (only for serious offenses) –Endangered lives –Enable suspect to escape –Lend to evidence destruction Hot pursuit

16. Interrogations and Confessions FIFTH AMENDMENT No person shall be … compelled in any criminal case to be a witness against himself.

17. Interrogations and Confessions Constitutional Implications 4 th = Exclusionary rule 5 th = Privilege against self incrimination 6 th = Right to Counsel 5 th = Federal Due Process 14 th = State Due Process

18. Confessions Need to Voluntary So that they can be considered trustworthy Incriminating statements elicited during consensual investigative techniques are always admissible

19. Three Phases of a Criminal Case Investigative Questioning Custodial Interrogation Prosecutorial

20. Torture Violates the “Free & Voluntary Rule” Confessions or inculpatory statements obtained by law enforcement by coercion in violation of the “free & voluntary rule” will be suppressed to: –Protect against convictions using unreliable evidence –Preserve the suspects freedom of choice –Deter PO from intolerable interrogation tactics

21. Two Part “Voluntary Test” Part One = Source of Pressure (Has the government exerted pressure sufficient to exclude voluntariness) –Beatings & guns to the head are coercive and not voluntary Part Two = What impact did this pressure have on the suspect

22. Less Coercive Means Necessitate and examination of the totality of the circumstances –Pressure exerted by the police –Suspects degree of susceptibility –Conditions in which the interrogation took place

23. Pressure exerted by the police Torture, beatings, and the gun to the head are inherently coercive and are not allowed Coercion Can Also Include –Threats –False Promises –Trickery –Deceit –Psychological Coercion –Angry Lynch Mob –Arresting Innocent Members of the Suspects Family –Taking Children Away –Promising Confession Will Prevent Prosecution –Promising Leniency when PO is unable to affect outcome PO is allowed to make truthful representations about suspects legal predicament PO can tell suspect his cooperation will be mentioned to the prosecutor PO can tell suspect he will encourage the prosecutor to be lenient CONFESSIONS MUST BE PROVEN VOLUNTARY BY A PREPONDERANCE OF THE EVIDENCE

24. Suspects Degree of Susceptibility

25. Conditions Under Which the Interrogation Took Place

26. 4 th Amendment Exclusionary Rule If Search is Unconstitutional If Arrest is Unconstitutional If Investigative Stop is Unconstitutional Then confession is excluded and any evidence which is “fruit of the poisonous tree” will be excluded

27. Compulsory Self Incrimination No person … shall be compelled in any criminal case to be a witness against himself Testimonial evidence is controlled by the 5 th Amendment The right of the people to be secure in their persons … against unreasonable searches … shall not be violated Physical Evidence is controlled by the 4 th Amendment and is frequently admissible against the interests of an arrestee/defendant

28. 4 th Amendment Protection Against Unreasonable Searches Self Incrimination Three areas which could impact a court’s finding that evidence seized from an arrestees person or physical appearance was obtained in an unreasonable manner Bodily movement –An arrest must be constitutional Bodily privacy –Thing to be seized in search must be publicly viewable, cannot view naked body for evidence Body Integrity – Blood –What was the reason for initial seizure or any additional seizures

29. Testimonial Self Incrimination Perjury v. Contempt Also applicable outside of a court room in police interrogations –Right to remain silent –Privilege against answering self incriminating questions –Individuals have the right ANYWHERE not to answer questions that would tend to incriminate

30. Grand Jury You are compelled to appear under penalty of contempt Any question which might have a tendency to incriminate you do not have to answer

31. Testimonial Self Incrimination Does not extend to that which was made voluntarily before criminal activity became apparent –Journals –Writing –Records Subpoena Deuces Tecum –Used to compel the production of certain items –Challengeable because production could eventually lead to evidence of crime.

32. Compelling Testimonial Evidence Must create a risk of being convicted of a crime. Already tried for the crime convicted or acquitted Absolute or Transactional Immunity “Use” immunity Binding on State and Federal prosecutions

33. Invoking 5 th Amendment Right Defendant's decision not to testify is final and cannot be used against him/her Taking the witness stand revokes the privilege Jury cannot be told defendant invoked the privilege 5 th Amendment Privilege does not extend to other types of proceedings

34. Appearance and Body Evidence Exposed to public scrutiny –Handwriting –Photos –Fingerprints –Voice Samples –Field Sobriety Tests Evidence not seized in a reasonable manner –Naked body –Blood samples –Surgically removed bullet –DNA samples

35. Compulsory Production of Appearance Evidence During Terry Stop –Transport a short distance for show-up –Never to police station –Fingerprints and/or photo’s OK –Illegal arrest taints appearance evidence

36. Intrusive Body Searches What is reasonableness for 4 th Amendment Searches below a suspects skin surface Government need for evidence exceeds the intrusive nature into suspects privacy or bodily integrity Clear indication desired evidence will be found Search warrant or exigent circumstances Procedure to retrieve Evidence is reasonable and the procedure is performed in a reasonable manner

37. SW Requirement Penetrating the body’s surface Saliva, urine, semen or pubic hair samples Other bodily tissue or fluids Manually inspecting rectal or genital cavities Anything which would cause sever pain or discomfort Rick to health Intensive humiliation

38. Exigent Circumstances Blood, breath or urine samples in DUI cases Gunshot residue test Reaching into mouth (“mouth is not a sacred orifice”) Stomach pumping is OK if less intrusive means are not available Strip Searches and body cavity searches must be based on the reasonable suspicion that search will produce drugs, weapons, or contraband (In Illinois controlled by Statute)

39. 6 th Amendment Right to Counsel In all criminal prosecutions the accused shall enjoy the right … to have the assistance of counsel –To avoid unjust convictions –To bring effectuation to the rights of the Defendants who might not know about them without attorney

40. Guideon v. Wainwright Appointed Counsel in Felony Cases Appointed Counsel is now provided to everyone who cannot afford an attorney if there is jeopardy of imprisonment But not if punishable by fine only

41. Conduct of the Police Once prosecution has been initiated no contact by police with the subject/arrestee unless attorney is present or knowing & intelligent waiver Juveniles can only waive their right if parent, youth officer, or counsel

42. Counsel is Present To observe constitutional requirements are being complied with and raise objections if they are not in –Line-ups –Show-ups –Custodial Arrests Consultation in Private Atty call the shots on participation during interrogation Atty decides which answers client answers PO must grin and bear it No taping or listening in on atty/client conversations

43. Use of Force/Deadly Force in Making a Seizure © Use the “reasonable officer standard” and force should be examined from the perspective of the precise moment the decision to use it is made. Use for these three reasons only: Self Protection and to protect others Overcome resistance Prevent escape

44. Tennessee v. Garner © Deadly force should not be used to Seize a fleeing felon suspected of committing a non-violent crime. Deadly force should be used only when: PO, or someone else, is in danger of threat likely to cause death or great bodily harm (self defense or the defense of others) Belief that arrest will be defeated by using a gun or other deadly weapon Escape of person to be arrested will endanger the public

45. Federal Criminal & Civil Remedies for Unconstitutional Conduct Title 42 USC Section 1982 –Under Color of State Law

46. Immunity Absolute Immunity –Judges –Legislators –Prosecutors –Statements made within the context of a judicial hearing

47. Immunity Qualified Immunity –Violation was not clearly established at time of the act –A reasonable public official confronted with these facts could have believed that his of her conduct conformed to the relevant standard.

48. Immunity State Tort Immunity –Willful and Wanton Misconduct –Conscious Disregard for the Safety of Others

49. Factors in Determining Reasonableness in Police Use of Force Cases Severity of crime Suspect poses an immediate threat Resisting arrest or attempting to flee

50. Mental State for Excessive Use of Force for Different B of Rs Applications Police Officers Use of Force is examined by the courts using a reasonableness standard necessitated because this is a seizure and therefore the 4 th Amendment Controls. “The right of the people to be secure in their persons … against unreasonable … seizures, shall not be violated…”

51. Mental State for Excessive Use of Force for Different B of Rs Applications Correctional Officers’ Use of Force is examined by the courts using a willful and wanton standard necessitated because excessive force after conviction is punishment and therefore the 8 th Amendment Controls. “(C)ruel and unusual punishment (shall not be) inflicted.” Cruel and unusual indicates intentional behavior.

52. Police Officer in Liable Under Sec. 1983 If their comrades commit brutality and they take no action to stop it.

53. Liability of Private Individuals Based on Section 1983 Act in concert with police. Act under State compulsion or with significant State encouragement Perform a public function (private corporation operating State prison.)

54. Criminal Responsibility Title 18 USC 242 Act under color of law (not just State Law) Possessed a willful intent (mental state) Violated a constitutional right (that has been) Previously made specific through judicial decision. LESS THAN 2% OF CASES ARE PROSECUTED

55. 14 th Amendment … nor shall any State deprive any person of life, liberty, or property without due process of law: nor deny to any person within its jurisdiction the equal protection of the laws.

56. Protection Afforded by the 14 th Amendment Substantive Due Process –Culpable Action DeShaney v. Winnebago County Department of Social Services = No constitutional duty of the public official to protect the public from harm except: Discriminatory Denial of Police Protection –Jeffrey Dahmer Duty to Protect Persons in Custody – People are no longer capable of taking care of themselves –Kneipp v. City of Philadelphia

57. Equal Protection of the Law Deliberately treating one person differently from another because; –A person’s membership in a protected class –A desire to punish the person for exercising a constitutional right –Malicious intent to injure the person out of spite.

58. Law Enforcement Professional’s Constitutional Rights in the Workplace 1 st Amendment Rights –Limited rights after Garcetti v. Ceballos 4 th Amendment Rights –Limited in employment case 5 th Amendment Rights –Garrity