Criminal Justice:Criminal Justice: The The Investigation PhaseInvestigation Phase

Chapter 12Chapter 12

Can the evidence here gathered be used against Can the evidence here gathered be used against the Defendant in Court?the Defendant in Court?

The police see Dell standing at a bus stop on a downtown street, in an The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him area where there is extensive drug dealing. They stop and search him and find drugs in his pocket.and find drugs in his pocket.

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

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

Terry is on a bus traveling from Miami to New York. Three police officers Terry is on a bus traveling from Miami to New York. Three police officers board the bus wearing “RAID” Jackets, and Terry can see that at least one board the bus wearing “RAID” Jackets, and Terry can see that at least one is carrying a gun. One officer stands in the front of the bus partially is carrying a gun. One officer stands in the front of the bus partially blocking the aisle, while the other two officers eye the passengers, pick blocking the aisle, while the other two officers eye the passengers, pick out Terry and ask him for identification and his ticket. After returning both out Terry and ask him for identification and his ticket. After returning both to him without comment, then they ask Terry for permission to search his to him without comment, then they ask Terry for permission to search his luggage. He gives his permission. The officers open his bag and find luggage. He gives his permission. The officers open his bag and find cocaine.cocaine.

Pam is observed shoplifting items in a store. Police chase Pam into her Pam is observed shoplifting items in a store. Police chase Pam into her apartment building and arrest her outside the closed door of her apartment building and arrest her outside the closed door of her apartment. A search of the apartment reveals a large quantity of stolen apartment. A search of the apartment reveals a large quantity of stolen merchandise.merchandise.

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

Goals and ObjectivesGoals and Objectives

Analyze some of the Analyze some of the major steps major steps involved in the investigation phaseinvolved in the investigation phase of of criminal justicecriminal justice• InvestigationsInvestigations• ArrestsArrests• SearchesSearches• WarrantsWarrants• Lack of WarrantsLack of Warrants

What happens after a Crime has What happens after a Crime has been committed?been committed?

Reported to the PoliceReported to the Police Police InvestigationPolice Investigation

• Goal is to find the Goal is to find the perpetrator and bring them perpetrator and bring them to justiceto justice

• Seek interviews, evidence, Seek interviews, evidence, witnesseswitnesses

• Conduct SearchesConduct Searches• Make ArrestsMake Arrests

InitialInitial Investigation Investigation Onsite InvestigationOnsite Investigation

• Gather evidence from Gather evidence from the scene of the crimethe scene of the crime

Photograph, videotape, Photograph, videotape, find all available evidence find all available evidence (forensic, physical, etc.)(forensic, physical, etc.)

Obtain Warrants as Obtain Warrants as necessary (see later)necessary (see later)

• Conduct basic interviews Conduct basic interviews of present witnessesof present witnesses

• Establish profileEstablish profile and and known information known information onon suspected criminalssuspected criminals

Expanded InvestigationExpanded Investigation Conducted weeks, months, Conducted weeks, months,

yearsyears following crime following crime• Extensive InterviewsExtensive Interviews of known of known

witnesseswitnesses• SeekSeek additional witnesses, additional witnesses,

evidenceevidence, facts of the case, facts of the case Try to identify the perpetratorTry to identify the perpetrator by by

their motive, actions, or other their motive, actions, or other evidence they left behindevidence they left behind

• Once an identity is established, Once an identity is established, the suspected criminal is to be the suspected criminal is to be arrestedarrested

Cops need to obtain an Arrest Cops need to obtain an Arrest WarrantWarrant

Arrest WarrantsArrest Warrants A Court OrderA Court Order (written, signed and(written, signed and

approved by a judge) approved by a judge) CommandingCommanding that the person named in it be taken that the person named in it be taken into custody into custody by law enforcement by law enforcement officialsofficials• Arrest warrants Arrest warrants only issued when there is only issued when there is

enough evidence to establish “Probable enough evidence to establish “Probable Cause”Cause” worthy of detaining the accused worthy of detaining the accused

Probable Cause:Probable Cause: a reasonable belief, a reasonable belief, known personally or through reliable known personally or through reliable sources, that the accused committed sources, that the accused committed the crimethe crime

Can be based on much less evidence than Can be based on much less evidence than that necessary to convict someone in trialthat necessary to convict someone in trial

NO EXACT FORMULANO EXACT FORMULA• The Case of the Unlucky Couple The Case of the Unlucky Couple

Warrantless ArrestsWarrantless Arrests Certain situationsCertain situations

(emergencies) (emergencies) do not allow do not allow LEO time to obtain an arrest LEO time to obtain an arrest warrantwarrant• Under such situations the Under such situations the police police

are allowed to make warrantless are allowed to make warrantless arrests based upon “Probable arrests based upon “Probable Cause”Cause” even though they do not even though they do not have an arrest warranthave an arrest warrant

• At a later time they must justify At a later time they must justify their “probable cause”their “probable cause” and and decision to make the arrestdecision to make the arrest

Police ReportPolice Report

Detaining Questionable Individuals: Detaining Questionable Individuals: NOT ARRESTSNOT ARRESTS

Cops do NOT need probable Cops do NOT need probable cause to stop and question cause to stop and question individuals they individuals they reasonably reasonably suspectsuspect of criminal activity of criminal activity• May ask for identificationMay ask for identification and an and an

explanationexplanation for questionable for questionable behaviorbehavior

Can use answers to establish Can use answers to establish probable cause and lead to an arrestprobable cause and lead to an arrest

• Detainees do NOT have to answer Detainees do NOT have to answer questionsquestions

• Failure to answer questions can be Failure to answer questions can be used as Probable Causeused as Probable Cause in some in some statesstates

Can lead to an arrestCan lead to an arrest• If the officer suspects the detainee If the officer suspects the detainee

is armed they may Stop and Friskis armed they may Stop and Frisk the individual (pat down)the individual (pat down)

• Fleeing from the police is grounds Fleeing from the police is grounds for arrestfor arrest

What to do What to do if you are ARRESTEDif you are ARRESTED

Once you are no longer free to go Once you are no longer free to go andand they want they want to ask you questions they will read you your to ask you questions they will read you your rights (Miranda)rights (Miranda)• They do NOT have to read you your rights until then!!They do NOT have to read you your rights until then!!

But they can’t use your words against youBut they can’t use your words against you Don’t Struggle with the policeDon’t Struggle with the police

• Be politeBe polite, cooperative, courteous, cooperative, courteous• Avoid fightingAvoid fighting, arguing, swearing even if you think the , arguing, swearing even if you think the

police made a mistakepolice made a mistake• Give your name, phone number, address but do NOT Give your name, phone number, address but do NOT

give any other information until you have spoken to a give any other information until you have spoken to a lawyerlawyer

• Don’t discuss the case with anyone or sign anything Don’t discuss the case with anyone or sign anything until you have a lawyeruntil you have a lawyer

• Get a LawyerGet a Lawyer

Searches and WarrantsSearches and Warrants In order for the police to search for evidence on a person or in a In order for the police to search for evidence on a person or in a

place they must obtain a search warrantplace they must obtain a search warrant Search Warrant: Court Order approved by a judge to search a Search Warrant: Court Order approved by a judge to search a

person or placeperson or place• After the warrant is issued the search can only be conducted within a After the warrant is issued the search can only be conducted within a

specified number of daysspecified number of days• Some states require them to be conducted only in day-timeSome states require them to be conducted only in day-time• Can only search for specific items and in specific places as listed in Can only search for specific items and in specific places as listed in

the warrantthe warrant 21” stolen T.V.21” stolen T.V.

• Can seize any evidence they find in the course of a Can seize any evidence they find in the course of a proper searchproper search Other illegal items can only be seized and used as evidence if they are Other illegal items can only be seized and used as evidence if they are

found in found in Plain ViewPlain View Search Procedures –entering buildingsSearch Procedures –entering buildings

• Usually “Knock and announce” testUsually “Knock and announce” test Give suspects a chance to open the door before entering by forceGive suspects a chance to open the door before entering by force

• No-Knock warrants (time is of the essence)No-Knock warrants (time is of the essence) Cops can knock down a door Cops can knock down a door ifif there is the potential for danger or the there is the potential for danger or the

destruction of evidence (drugs, computer files)destruction of evidence (drugs, computer files)

Searches without a WarrantSearches without a Warrant Times when the police may legally conduct a Times when the police may legally conduct a

search without a warrant and seize any illegal search without a warrant and seize any illegal itemsitems

DEFINE AND UNDERSTAND EACHDEFINE AND UNDERSTAND EACH• Search incident to a lawful arrestSearch incident to a lawful arrest

Search the person and the area immediately around themSearch the person and the area immediately around them Searching for weapons or evidence that may be destroyedSearching for weapons or evidence that may be destroyed

• Stop and FriskStop and Frisk Someone who is behaving suspiciously and there is a Someone who is behaving suspiciously and there is a

reasonable suspicion that they are armed can be friskedreasonable suspicion that they are armed can be frisked Protects officers and bystandersProtects officers and bystanders

• ConsentConsent If you voluntarily agree to the search a Warrant does not If you voluntarily agree to the search a Warrant does not

have to be obtainedhave to be obtained• Parents over childrenParents over children• One of the two spousesOne of the two spouses

Searches without a Warrant (cont)Searches without a Warrant (cont)• Plain ViewPlain View

If an object connected with a crime is in plain view and can be 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 seen from a place where an officer has a right to be it can be seizedseized

• Hot PursuitHot Pursuit If police are in hot pursuit of a suspect they are not required to get If police are in hot pursuit of a suspect they are not required to get

a search warrant before entering a building that they have seen a search warrant before entering a building that they have seen suspects enter. Evidence of the suspected felon can be seized if suspects enter. Evidence of the suspected felon can be seized if found during the hot pursuitfound during the hot pursuit

• Vehicle SearchesVehicle Searches If there is probable cause that a vehicle legally detained contains If there is probable cause that a vehicle legally detained contains

contraband materials a warrantless search can be conductedcontraband materials a warrantless search can be conducted Probable Cause MUST existProbable Cause MUST exist

• Emergency SituationsEmergency Situations In certain emergencies a search warrant is not required.In certain emergencies a search warrant is not required.

• Bomb threat, smelling smoke, hearing someone scream, Bomb threat, smelling smoke, hearing someone scream, • Any time waiting for a warrant would result in destruction of evidence, Any time waiting for a warrant would result in destruction of evidence,

escape of a suspect, or harm to a police officer or someone elseescape of a suspect, or harm to a police officer or someone else• Border and airport searchesBorder and airport searches

Anyone entering the country or boarding a plane can be search Anyone entering the country or boarding a plane can be search along with all of their possessions and vehicles without a warrantalong with all of their possessions and vehicles without a warrant

Can the evidence here gathered be used against Can the evidence here gathered be used against the Defendant in Court? Justify your answer.the Defendant in Court? Justify your answer.

The police see Dell standing at a bus stop on a downtown street, in an The police see Dell standing at a bus stop on a downtown street, in an area where there is extensive drug dealing. They stop and search him area where there is extensive drug dealing. They stop and search him and find drugs in his pocket.and find drugs in his pocket.

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

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

Terry is on a bus traveling from Miami to New York. Three police officers Terry is on a bus traveling from Miami to New York. Three police officers board the bus wearing “RAID” Jackets, and Terry can see that at least one board the bus wearing “RAID” Jackets, and Terry can see that at least one is carrying a gun. One officer stands in the front of the bus partially is carrying a gun. One officer stands in the front of the bus partially blocking the aisle, while the other two officers eye the passengers, pick blocking the aisle, while the other two officers eye the passengers, pick out Terry and ask him for identification and his ticket. After returning both out Terry and ask him for identification and his ticket. After returning both to him without comment, then they ask Terry for permission to search his to him without comment, then they ask Terry for permission to search his luggage. He gives his permission. The officers open his bag and find luggage. He gives his permission. The officers open his bag and find cocaine.cocaine.

Pam is observed shoplifting items in a store. Police chase Pam into her Pam is observed shoplifting items in a store. Police chase Pam into her apartment building and arrest her outside the closed door of her apartment building and arrest her outside the closed door of her apartment. A search of the apartment reveals a large quantity of stolen apartment. A search of the apartment reveals a large quantity of stolen merchandise.merchandise.

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

Questions and ReviewQuestions and Review

Analyze some of the major steps Analyze some of the major steps involved in the investigation phase of involved in the investigation phase of criminal justicecriminal justice• InvestigationsInvestigations• ArrestsArrests• SearchesSearches• WarrantsWarrants• Lack of WarrantsLack of Warrants