Criminal Justice Process- The Investigation

Arrest Considered seizure under the 4th amendment

2 ways to be taken into custody: 1. Warrant issued by a judge 2. without a warrant if there is probable cause

Warrant- obtained by filing a complaint- usually by a police officer but sometimes by a victim or witness

Probable Cause- reasonable belief that a specific person has committed a crime Requires much less evidence than if a person is to be proven

guilty Drug courier profiles- based on commonly held notions

concerning the typical age, race, personal appearance, behavior, and mannerisms of drug couriers Usually used as a basis to stop and question a person

Probable Cause - cont’d The police do NOT need probably cause to stop and

question someone on the street Need reasonable suspicion- anything more than a

mere hunch Can even do a limited stop-and-frisk

Civil Rights Act- protects civilians against police using too much force of unlawful arrest

If the arrest is unlawful, any evidence used against the accused is thrown out

The Dangerous Car Chase

In March 2001, Victor Harris, age 19, was speeding 73 mph on a road with a 55 mph speed limit. A police officer activated hi flashing lights to signal Harris to pull over, but Harris sped away. The officer pursued Harris and radioed his dispatch for assistance.

Deputy Timothy Scott joined the pursuit along with other officers, and most of the chase occurred on a two-lane highway. At one point, Harris pulled into a shopping-center parking lot, where he collided with one of the patrol cars and then continued fleeing. Deputy Scott, now in lead pursuit, decided to stop Harris by ramming from behind. He sought and received permission from his supervisor to “go ahead and take him out”.Scott pushed his bumper into the rear of Harris’ vehicle, which ran off the road, over-turned, and crashed. Harris was badly injured in th crash, which left him a quadripilegic. He sued Scott for violating his 4th Amendment Rights, saying Scott used excessive force to sieze him.

4th 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.

What arguments can Harris make that his rights were violated? What arguments can Officer Scott make that his use of force did

not violate Harris’ rights? How should this case be decided? Draft a policy that the police could use to determine when a case

is justified.

Search and Seizure

We are protected against UNREASONABLE search and seizure, not all of it

Increasingly there are more warrantless S&S with the exception of homes

Exclusionary rule- evidence seized in an unlawful search cannot be used at trial

Violation of the 4th Amendment?

The police see Fred standing at a bus stop in an area known for drug dealing. They stop and search him, and find drugs in his pocket.

After Brandon checks out of a hotel, the police ask the hotel manager to turn over the contents of the wastebasket, where they find the notes planning on murder.

Jill’s ex-boyfriend breaks into her apartment and looks through her desk for love letters. Instead he finds drugs, which he gives to the police.

Pam is seen shoplifting in a store. Police chase Pam into her apartment building nd arrest her outside of the closed door of her apartment. A search of the apartment reveals a large quantity of stolen goods.

Sandi is suspected of receiving stolen goods. The police go to her house and ask Claire, her roommate, if they can search the house. Claire gives them permission, and they find stolen items in Sandi’s dresser.

Policing the Police Civilian Complaint Review Board

Police Commission

Office of Professional Accountability

Searches with a warrant Warrant- court order

Judge is convinced that there is a bona fide need to search a person or place

Before the warrant is issued, someone must file an affidavit Sworn statement of facts and circumstances that creates

probable cause

The warrant as a result must be specific in the person, place and things they are looking for

Searches without a Warrant

Search incident to a lawful arrest Stop and frisk

Person who is suspicious and likely to be armed Consent Border and airport Vehicle

With probably cause, an officer may search an ENTIRE vehicle, including containers

Plain view Hot pursuit

Can enter any building in pursuit of a suspect Emergency situations

Public Schools On school property, the search is considered

reasonable in the context of the school’s legitimate interests

Interrogations and Confessions

Pleading the 5th

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Protections against self-incrimination puts the burden of proof on the government

U.S. S.C.- confession is not admissible as evidence if it is not voluntary and trustworthy

Miranda 1966- Supreme Court ruled in Miranda v. Arizona

Ernesto Miranda’s confession could not be used on trial because officers had obtained it without informing Miranda that he had the right to a lawyer and to remain silent

The Warning: You have the right to remain silent. Anything you say or do may be used against you in a court of law. You have the right to consult an attorney before speaking to the

police and to have an attorney present during questioning now or in the future.

If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.

If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Racial Profiling Inappropriate use of race as a factor in identifying

people who may break or have broken the law.