1. Welcome to Eight Skills for the Effective Online Paralegal Student!!
Unit 3 Seminar – Remembering

2. Final Project Proposal – Possible Interview Questions
Education and Training/ Licensing and Certification
What type of training did you undergo to become a [ ] ?
How long did it take?
What kind of educational background is most relevant
How long have you been a [ ]?

3. Possible Questions (Continued)
Reasons for Choosing the Career
Why did becoming a [ ] appeal to you?
What does your day typically look like? What do you do?
Are you happy with being a [ ]?
Have you ever thought about another career? Why or why not?

4. Sonia’s Scenario What do you think the letter means?
How would you help Sonia interpret the letter?
Do you think it means Sonia won't get paid for her loss of work?
Would you advise her to get a lawyer?

5. Seminar Agenda: Week 3 Final Project Proposal Sonia Scenario LASSI
Possible interview questions
Sonia Scenario
LASSI
Interpreting your scores
Using the information
Remembering
Types of Memory
“to Know” vs. to memorize
What gets in the way of remembering
How to remember better
Study Environments

6. Three types of memory: Sensory memory Short term memory
Long term memory

7. Knowing v. Memorizing What’s the difference? How long does each last?
How do you move something from mere rote memory to knowing?

8. Memory Hinderances Internal and external distractions Alcohol Drugs
Stress
Closed-mindedness (tuning out things you don’t like)
Inability to distinguish important facts from unimportant facts

9. Memory Helpers Proper sleep Proper nutrition/diet Exercise
Mental exercises such as crossword puzzles, brain teasers, name games
A positive mind-set
The proper environment
Scheduled study breaks
Repetition and visualization

10. Visualization: Does it help
Visualization: Does it help? How can we incorporate visualization into our learning habits?
Should help us to put something in LTM.
Part of a process: VCR3
Ways to visualize?

11. What are some memory devices or tools, and how can they help you study?
SQ3R
Mnemonic devices (Tons of examples)
Cooperative learning methods

12. SQ3R
Survey
Question
Read
Recite
Review

13. Mnemonic devices
Sentences
Words
Acronyms
Storylines
Jingles or songs

14. What is your study environment like?
Does it work well for you?
Do you study in the same place or different places
If you don't have one, what do you think your ideal study environment would be?
Why is this important?

15. Questions?

16. Lyman 5ed ch 4
Chapter 4
Search and Seizure

17. Lyman 5ed ch 4
Introduction
Of paramount importance in criminal investigations is the officer’s ability to be aware of and work within constitutional and departmental guidelines.

18. Due Process and the Constitution
Bill of rights
Granting individual freedoms
Fourteenth Amendment, passed in1868, guarantees three classes of rights:
Privileges and immunities of citizens of the United States
Due process of law
Equal protection under the law

19. Fourth Amendment Fifth Amendment Sixth Amendment
Unreasonable searches and seizures clause
Warrants clause
Fifth Amendment
Privilege against self-incrimination clause
Sixth Amendment
Right of confrontation clause
Right to council clause

20. Legal Guidelines for Searches
The probable cause requirement
The minimum amount of information necessary to warrant a reasonable person to believe that a crime has been or is being committed by a person who is about to be arrested.
Exclusionary rule
Courts will exclude any evidence that was illegally obtained even though it may be relevant and material.
Mapp v. Ohio

21. Fruit of the Poisoned Tree Doctrine
If the prosecutions case is based-on evidence that is obtained from an illegal search or seizure then it is considered “tainted.”
“Tainted” evidence is inadmissible in a case.
Violation of due process
Silverthorne Lumber Co. v. United States (1918)

22. Search Incident to Lawful Arrest
Chimel v. California (1969)
A search can only be made incidental to a lawful arrest and must be confined to the area around the suspect’s immediate control.
Scope of the search
Relates to an officer’s authority to search incident to an arrest

23. Exceptions to the Exclusionary Rule
Good faith exception
Use of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a neutral magistrate but that is ultimately found invalid.
Inevitable discovery exception
Evidence that has been seized illegally or evidence stemming from illegally seized evidence is admissible if the police can prove that they would have inevitably discovered it anyway by lawful means.
Computer errors exception
Officers acting in good faith based on the information available to them cannot be held responsible for a clerical error made by a court worker.

24. Searches With a Warrant
Authorizes the search of homes, businesses, and vehicles of suspects
Typically results in the arrest of multiple suspects
Expedites investigation and subsequent case closure
Advantages of searching with a search warrant:
Recover stolen property
Seize drugs or other contraband
Seize any other type of property used in the commission of a crime

25. Legal Requirements for a Search Warrant
It must be authorized by the proper official.
It must be issued only for specifically authorized objects.
It must be issued on probable cause.

26. Search Warrant Affidavit
Presents facts that the officer believes constitute probable cause to justify the issuance of a warrant.
The affidavit tells the judge 3 things:
What is being searched for
Where the search is to occur
Why the search is to be conducted

27. The Warrant Sets forth the same facts out-lined in the affidavit:
Reasons to request the search
Name of the officer requesting the warrant
Items to be seized
Specific place to be searched
Signature of the issuing judge
Prior to signing, the affiant (the officer) must be certain that he or she is first sworn in by a judge.

28. The Search Warrant Return
Name of the officer serving the warrant
The date the warrant was served
An itemized list of all property seized
The name of the owner of the place searched
The signature of the officer who served the warrant
The signature of the issuing judge

29. Execution of the Warrant
Once issued, the search warrant is basically an order by the court to execute it.
The officer has no choice but to do so.
Execution guidelines may include:
Authorization for a specific officer or class of officer to execute
Time limitations

30. Anticipatory Search Warrants
Based-on an affidavit showing probable cause to believe that at some future time a specific crime will occur at a specific place.
“Triggering condition”
United States v. Grubbs (2004)
“…fair probability that contraband or evidence of a crime will be found in a particular place”
Probably cause to believe that the triggering condition will occur

31. Warrantless Searches Consent Searches
When a suspect gives permission
Searches under exigent circumstances
Public safety or loss of important evidence
Searches incident to lawful arrest
Search of arrested suspect and the immediate area around him or her
Plain-view searches
Automobile searches
Open-field searches

32. Sample Consent-to-Search Form

33. Stop-and-Frisk Searches
When a crime is suspected to be occurring
To investigate suspicious circumstances
“Reasonable suspicion”
To make identification of a suspect
Terry v. Ohio (1968)

34. Field Interviews Versus “Consensual Encounters”
Are “seizures” of the person within the meaning of the 4th Amendment
Therefore, “reasonable suspicion” applies
“Consensual encounters”
An officer may approach and ask a person questions
The individual must reasonably believe that they were “free to leave”
If, during that, evidence is discovered then it may be admitted

35. Factors Defining a Field Interview
Interference with the suspect’s freedom of movement
Number of officers and their behavior
Physical contact with the suspect
Retaining personal property of the suspect

36. “Terry stop”—Pat-Down Searches
Must be based-on reasonable suspicion
The right to stop does not automatically give the officer a right to conduct a pat-down search
Certain factors may justify
Suspects behavior, number of suspects, time of day, etc.
Pat-down is a limited search (“frisk”)

37. Plain-View Doctrine
Investigation or confiscation of evidence, without a warrant, based on what officers find in plain view and open to public inspection
Three criteria:
The officer must be present lawfully at the location to be searched
The item seized must have been found inadvertently
The item is contraband or would be useful as evidence of a crime

38. Automobile Searches Carroll Doctrine Vehicle inventory search
The right to search a vehicle does not depend on the right to arrest the driver but on the premise that the contents of the vehicle contain evidence of a crime.
Vehicle inventory search
Officers may search a vehicle that is moving or about to be moved, if there is probable cause that the vehicle contains items that are legally seizeable.

39. Open-Field Searches
Open fields are not protected by the Fourth Amendment.
A person’s “reasonable expectation of privacy” under the Fourth Amendment does not apply.
Curtilage is protected and is related to:
The proximity of the area to the home
Whether the area is within an enclosure surrounding the home
The nature and uses of the area
The steps taken to conceal the area from public view

40. Phases of a Search Surveying the crime scene
Documenting the crime scene through sketches and photographs
Recording all physical evidence
Searching for fingerprints

41. Search Patterns Indoor crime scene searches
Outdoor crime scene searches
Nighttime crime scene searches
Vehicle searches
Body cavity (Strip) searches

42. Search Patterns

43. Searching the Scene
Principle concern is to observe and document the scene rather than take action
Rules for collecting evidence
Collected in a comprehensive, nondestructive manner,
within a reasonable period, and
with a minimum of unnecessary movement about the scene.

44. Gathering and Preserving Evidence
Evidence collected must be consistent with each law enforcement agency’s policy and procedure and should be in keeping with the accepted rules of evidence.
Chain of custody
Total accounting of evidence by adhering to guidelines
Limit number of evidence handlers
Document anyone who handles evidence and changes to condition of the evidence

45. Marking the Evidence Evidence has label with: Case number
Exhibit number
Date and time of seizure
Name and description of articles
Location at time of discovery
Signature or initial of officer making the discovery
Name or initial of others witnessing the discovery

46. Special Cases in Evidence Handling
Infected evidence
Hepatitis B
Firearms
Bullets, cartridges, and empty cases
Stains
Glass
Impressions
Drugs
Plant material
Powdered material
Liquid material
Tablets or capsules

47. Method for the Proper Sealing of Crime Scene Evidence