Criminal Justice Process

Whodunnit: The Investigation

Step 1: Step 1: Search and Search and SeizureSeizure

a.a. 44thth Amendment protects Amendment protects against unreasonable against unreasonable search and seizuresearch and seizure, but , but does not give absolute does not give absolute protection of protection of privacyprivacy

b.b.Courts determine Courts determine reasonablenessreasonableness - - issuing issuing warrantswarrants

i.i. Search Warrant: a Search Warrant: a courtcourt order granting order granting policepolice right to right to search a search a personperson or or placeplace

ii.ii. Affidavit: Affidavit: swornsworn statement of statement of facts and circumstancesfacts and circumstances

1. Used to determine 1. Used to determine whether a whether a warrantwarrant should should be issuedbe issued

iii. Warrants iii. Warrants expireexpire after a set after a set number number of of daysdays

iv. Searches usually must be iv. Searches usually must be during the during the dayday

v.v. Search must be Search must be relevantrelevant to the to the crimecrime1. EX: can’t search drawers for a 1. EX: can’t search drawers for a

stolen stolen stereo systemstereo system

vi.vi. Police must Police must knockknock, announce , announce their their purposepurpose, and , and askask to come to come in, unless in, unless evidenceevidence would be would be destroyeddestroyed

c.c. Some searches do not Some searches do not require require warrantswarrants

i. Search incident to i. Search incident to lawful lawful arrest:arrest: search search occurs at occurs at the the time of time of arrestarrest in the in the area area around the around the sitesite of of arrestarrest

ii.ii.Stop and frisk:Stop and frisk: police stop police stop and and search someone search someone acting acting suspiciouslysuspiciously for for weaponsweapons

1.“plain feel” exception:1.“plain feel” exception: may may seize seize illegalillegal substancesubstance if it if it is clear is clear to officer’s sense to officer’s sense of of touchtouch

iii.iii. Consent:Consent: search after search after voluntaryvoluntary agreement agreement

by the by the person being searchedperson being searched

iv.iv. Plain view:Plain view: if object if object can be can be viewedviewed from a place from a place where where the the officer has a officer has a rightright to be it to be it can can be legally be legally seizedseized

v.v. Hot pursuit:Hot pursuit: police may enter a police may enter a building a building a suspectsuspect (that is (that is

being being chasedchased) has entered) has entered

1.1.they can also they can also seizeseize any any evidenceevidence found while found while pursuingpursuing the suspect the suspect

vi.vi. Vehicle searches: Vehicle searches: police may police may search a car when search a car when they have they have probable causeprobable cause to to believe the car believe the car contains contains illegalillegal itemsitems

vii.vii. Emergency Emergency situations:situations: police may search police may search

when when dangerdanger is is imminentimminent

1. EX: a bomb threat, 1. EX: a bomb threat, smoke smoke in a in a house, screamshouse, screams

viii.viii. Border and Border and airport airport searches:searches: customscustoms agents agents may search may search propertyproperty without without causecause

1. 1. BodyBody searches require searches require suspicion of suspicion of criminalcriminal activity (excepting metal activity (excepting metal detectors)detectors)

d.d. After arrest, After arrest, courtcourt determines determines whether evidence was whether evidence was obtained obtained reasonablyreasonablyi.i. Exclusionary ruleExclusionary rule: if : if searchsearch is is

unreasonableunreasonable, evidence found , evidence found can can NOTNOT be used in be used in trialtrial

1. Only can be used if a lawyer 1. Only can be used if a lawyer files a files a motion to suppress motion to suppress evidenceevidence before the trial before the trial

Step 2: The Arrest

a. Two ways

i. Arrest Warrant: a court order directing the police to take the person named in it into custody

1. A police officer or a victim files a complaint giving

all of the facts

2. Judge determines whether it is likely that the

accused committed the crime (probable cause) if yes, they issue the warrant

ii. Probable Cause: reasonable belief that a person has committed a crime1. When the police don’t have time to

get a warrant, they can make an arrest based on probable cause

2. Probable cause requires facts, but not as much proof as needed for conviction

b. When arresting, police may use as much force as is reasonably necessary

i. 1985: USSC said police can only use deadly force when it is necessary to prevent escape and “the officer has probable cause to believe the suspect posed a significant threat of death or serious physical harm to others.”

False arrest: Police violate the rules of arrest– involves excessive force or lack of

probable cause for the arrest (innocence is not necessarily grounds for false arrest)

Step 3: Step 3: InterrogationInterrogation

a.a. Interrogation: police questioning Interrogation: police questioning of the of the accusedaccused with the goal of with the goal of confessionconfession

b.b. Confessions are only legal when Confessions are only legal when they are they are voluntaryvoluntary and and trustworthytrustworthy

i.i. Confessions are Confessions are unusableunusable if the if the person has:person has:

1.1. first requested to speak to a first requested to speak to a lawyerlawyer and has been and has been denieddenied

2.2. not been informed of their not been informed of their rightsrights ((Miranda rightsMiranda rights) before ) before questioningquestioning• Note: Miranda rights are not required Note: Miranda rights are not required

for for arrestarrest, only to use , only to use informationinformation given by the defendant after arrestgiven by the defendant after arrest

Step 4: Booking:

• The formal process of making a police record of the arrest

a. Must give name, address, date of birth, place of work, and arrest record

b. Fingerprinted and photographed

Step 5: Step 5: Initial Initial AppearanceAppearance::

• first visit to courta.Judge explains

defendant’s rights and charges against them

b.Judge appoints attorney or allows defendant to choose their own

c.Set baili. In the most serious

cases, bail may not be offered

d. In misdemeanor, defendant enters plea (guilty or not guilty)

Step 6: Step 6: Pre-trial HearingsPre-trial Hearings

a. Preliminary hearing: hearing in which prosecutor must show they have enough evidence for trial

i. Defendant is present with a lawyer, can cross-examine, and can call favorable witnesses

ii. If judge determines there is not probable cause, case is dismissed

b. Grand jury: 16-23 people who determine whether there is probable cause in a case

i. Defendant does not have a right to be there

ii. No judge, prosecutor not required to give all evidence

iii. Can follow a preliminary hearing if the judge dismisses the case

• Indictment: decision that there is probable cause that the accused committed the crime• For a federal case to go to

court, there must be a grand jury indictment

Step 7: Step 7: Arraignment Arraignment ::

accused’s court appearance accused’s court appearance at which they enter their at which they enter their pleaplea (only in (only in felonyfelony cases) cases)

Step 8: Step 8: Pretrial MotionPretrial Motion::

• Formal request that the court take some action or make a certain ruling

a. Usually involve dismissing case or obtaining or suppressing information (most common: motion to suppress evidence)

Step 9: Plea Bargaining:

• Negotiation among the accused, their attorney and the prosecutor to find a charge the accused will admit to

a. Most cases (95%) end with plea-bargaining, instead of going to trial