Criminal ProcedureCriminal Procedure

Mr. WhitakerMr. Whitaker

VocabularyVocabulary Arrest—to take into custody a person suspected Arrest—to take into custody a person suspected

of criminal activity. of criminal activity. Arrest Warrant—a written order, based on Arrest Warrant—a written order, based on

probable cause and issued by a judge or probable cause and issued by a judge or magistrate, commanding the person named on magistrate, commanding the person named on the warrant be arrested by the police. the warrant be arrested by the police.

Consent Search—search by police that are Consent Search—search by police that are made after the subject of the search has agreed made after the subject of the search has agreed to the action. to the action.

Custody—the forceful detention of a person, or Custody—the forceful detention of a person, or the perception that a person is not free to leave the perception that a person is not free to leave the immediate vicinity. the immediate vicinity.

VocabularyVocabulary Exclusionary Rule—a rule under which any evidence that Exclusionary Rule—a rule under which any evidence that

is obtained in violation of the accused’s rights will not be is obtained in violation of the accused’s rights will not be admissible in criminal court. admissible in criminal court.

Frisk—a pat-down or minimal search by police to Frisk—a pat-down or minimal search by police to discover weapons; conducted for the express purpose of discover weapons; conducted for the express purpose of protecting the officer or other citizens.protecting the officer or other citizens.

Plain View Doctrine—the legal principle that objects in Plain View Doctrine—the legal principle that objects in plain view of a law enforcement agent who has the right plain view of a law enforcement agent who has the right to be in a position to have that view may be seized to be in a position to have that view may be seized without a warrant and introduced as evidence. without a warrant and introduced as evidence.

Probable Cause-reasonable grounds to believe the Probable Cause-reasonable grounds to believe the existence of facts warranting certain actions, such as the existence of facts warranting certain actions, such as the search or arrest of a person. search or arrest of a person.

VocabularyVocabulary Search—the process by which police examine a person Search—the process by which police examine a person

or property to find evidence that will be used to prove or property to find evidence that will be used to prove guilt in a criminal trial. guilt in a criminal trial.

Search Warrant—a written order, based on probable Search Warrant—a written order, based on probable cause and issued by a judge or magistrate, commanding cause and issued by a judge or magistrate, commanding that police officers or criminal investigators search a that police officers or criminal investigators search a specific person, place, or property to obtain evidence. specific person, place, or property to obtain evidence.

Search and Seizure-the legal term, as found in the Search and Seizure-the legal term, as found in the Fourth Amendment, that generally refers to the Fourth Amendment, that generally refers to the searching for and the confiscating of evidence by law searching for and the confiscating of evidence by law enforcement agents. enforcement agents.

Search Incident to Arrest—searches for weapons and Search Incident to Arrest—searches for weapons and evidence of persons who arrhave just been arrested. evidence of persons who arrhave just been arrested.

VocabularyVocabulary

Seizure—the forcible taking of a person or Seizure—the forcible taking of a person or property in response to a violation of the property in response to a violation of the law. law.

Stop—a brief detention of a person by law Stop—a brief detention of a person by law enforcement agents for questioning . enforcement agents for questioning .

ArrestArrest

An An arrestarrest is the act of is the act of depriving a person of depriving a person of his liberty usually in his liberty usually in relation to the relation to the investigation and investigation and prevention of crime prevention of crime

Three Kinds of Police-Citizen Three Kinds of Police-Citizen EncountersEncounters

Verbal encountersVerbal encountersBrief stops or seizures (reasonable Brief stops or seizures (reasonable

suspicion)suspicion)Arrest (probable cause)Arrest (probable cause)

Verbal EncounterVerbal Encounter

Asking an officer for Asking an officer for directionsdirections

Taking a report of a crimeTaking a report of a crime Asking a person for ID (if Asking a person for ID (if

no criminal activity is no criminal activity is suspectedsuspected

This type of activity is not This type of activity is not regulated by the 4regulated by the 4thth Amendment (“voluntary Amendment (“voluntary interaction)interaction)

ExampleExample

““Our cases make it clear than a seizure Our cases make it clear than a seizure does not occur simply because a police does not occur simply because a police officer approaches an individual and asks officer approaches an individual and asks a few questions. So long as a reasonable a few questions. So long as a reasonable person would feel free to disregard the person would feel free to disregard the police and go about his business……the police and go about his business……the encounter is consensual and no encounter is consensual and no reasonable suspicion is requiredreasonable suspicion is required

Florida VS Bostick Florida VS Bostick

Factors That Would Indicate a Factors That Would Indicate a Verbal EncounterVerbal Encounter

Lack of interference with Lack of interference with the person’s progressthe person’s progress

Asking the individual if he Asking the individual if he is willing to cooperateis willing to cooperate

No display of official No display of official authority beyond a authority beyond a statement that the person statement that the person is an officeris an officer

Conducting the encounter Conducting the encounter in a manner to avoid in a manner to avoid causing the person fear causing the person fear and anxietyand anxiety

Brief Stops or Investigative Brief Stops or Investigative DetentionDetention

Police are trained Police are trained observers and must observers and must investigate criminal investigate criminal activityactivity

This investigation This investigation must not infringe on must not infringe on the rights of citizens the rights of citizens (4(4thth Amendment) Amendment)

A Stop A Stop

1.1. Officers can briefly detain a person if Officers can briefly detain a person if they have reasonable suspicion.they have reasonable suspicion.

2.2. The stop is not an arrest.The stop is not an arrest.3.3. There is a limit as to the length of the There is a limit as to the length of the

stop.stop.

A FriskA Frisk

Terry V OhioTerry V Ohio 1. If the officers believe the person may 1. If the officers believe the person may

be armed, they can conduct a “pat-down” be armed, they can conduct a “pat-down” or “frisk” the person’s outer clothing. or “frisk” the person’s outer clothing.

2. According to the Supreme Court, the 2. According to the Supreme Court, the frisk is a protective measure.frisk is a protective measure.

Brief Stop StandardBrief Stop Standard

Hunches or the Hunches or the officer’s “gut” instincts officer’s “gut” instincts are not enough to are not enough to justify the intrusionjustify the intrusion

The officer must be The officer must be able to state in words able to state in words the reason for the the reason for the stopstop

Brief or Investigative Stop Must Be Brief or Investigative Stop Must Be ReasonableReasonable

An investigative detention must be An investigative detention must be temporary and last no longer than is temporary and last no longer than is necessary to effectuate the purpose of the necessary to effectuate the purpose of the stopstop

Remember, if the suspect evades the Remember, if the suspect evades the investigatory stop, the officer must not investigatory stop, the officer must not arrest him for resisting arrestarrest him for resisting arrest

ActivityActivity

Graphic Organizer with 10 major case Graphic Organizer with 10 major case laws related to criminal procedurelaws related to criminal procedure

SeizureSeizure

A seizure is “only A seizure is “only when the officer, by when the officer, by means of physical means of physical force or a show of force or a show of authority, has in some authority, has in some way restrained the way restrained the liberty of a citizen” US liberty of a citizen” US V BerryV Berry

Traffic Stops (Brief Stop)Traffic Stops (Brief Stop)

An officer making a traffic stop for a An officer making a traffic stop for a violation may require the driver to step out violation may require the driver to step out of the carof the car

Terry Frisk?Terry Frisk?Plain Feel?Plain Feel?

ArrestArrest

Must be supported by probable causeMust be supported by probable cause ““An actual touching of a person with a An actual touching of a person with a

hand is not essential to constitute an hand is not essential to constitute an arrest. If the person voluntarily submits to arrest. If the person voluntarily submits to being under arrest under the discretion of being under arrest under the discretion of the officer, the arrest is complete”the officer, the arrest is complete”

Also in GA, “an arrest requires either Also in GA, “an arrest requires either physical force or where that is absent, physical force or where that is absent, submission to authority”submission to authority”

Elements of an Arrest Elements of an Arrest

1.1.There must be the intent to arrest.There must be the intent to arrest.

2.2.The person making the arrest must have The person making the arrest must have the authority to do so.the authority to do so.

3.3.The person must submit to the authority The person must submit to the authority and/or control of the officer.and/or control of the officer.

4.4.The person must understand, either The person must understand, either through words or actions that he/she has through words or actions that he/she has been arrested.been arrested.

Authority to ArrestAuthority to Arrest

The 4The 4thth Amendment Amendment gives officers the gives officers the authority to make authority to make seizures of persons, seizures of persons, but places limitations but places limitations upon this authorityupon this authority

Probable CauseProbable Cause

44thth Amendment requires this for an arrest Amendment requires this for an arrestSet of facts and circumstances that would Set of facts and circumstances that would

lead a reasonable and prudent person to lead a reasonable and prudent person to believe that a crime has occurred believe that a crime has occurred

More than just bare suspicionMore than just bare suspicion

Totality of CircumstancesTotality of Circumstances

An officer must look An officer must look at the totality of at the totality of circumstances to circumstances to determine if probable determine if probable cause exists to arrest cause exists to arrest someonesomeone

Collective KnowledgeCollective Knowledge

The police who actually make the arrest The police who actually make the arrest need not personally know all the facts that need not personally know all the facts that constitute probable cause if they are constitute probable cause if they are acting in the direction of another officeracting in the direction of another officer

Exclusionary RuleExclusionary Rule

If evidence is If evidence is obtained in violation obtained in violation of the fourth of the fourth Amendment than the Amendment than the evidence may need evidence may need be used in a criminal be used in a criminal proceedingproceeding

ActivityActivity

Find news Articles on Crime and tell me all Find news Articles on Crime and tell me all of the evidence involved and probable of the evidence involved and probable cause involved.cause involved.

10 crimes10 crimes

Types of Arrest in GeorgiaTypes of Arrest in Georgia

Arrest with a WarrantArrest with a Warrant Arrest without a Arrest without a

warrantwarrant

Arrest Without a WarrantArrest Without a Warrant

If the offense:If the offense:

1.1. was committed in his/her presencewas committed in his/her presence

2.2. was within his immediate knowledgewas within his immediate knowledge

3.3. had PC for family violencehad PC for family violence

Arrest With a WarrantArrest With a Warrant

An arrest warrant An arrest warrant contains:contains:

1.1. An affidavit (contains An affidavit (contains facts and facts and circumstances that form circumstances that form the basis of PC from the basis of PC from the officer)the officer)

2.2. A direction to the LEO A direction to the LEO to arrest an offender to arrest an offender and take him before a and take him before a judge (any judge with judge (any judge with magistrate powers)magistrate powers)

Warrant SituationsWarrant Situations

Entry into the Offender’s home—an officer Entry into the Offender’s home—an officer may enter if the officer knocks and says may enter if the officer knocks and says “POLICE”“POLICE”

Entry into a Third Party’s home—an officer Entry into a Third Party’s home—an officer may not enter unless the officer has may not enter unless the officer has consent of the owner or exigent consent of the owner or exigent circumstances or a search warrantcircumstances or a search warrant

Warrant Not in Officer’s PossessionWarrant Not in Officer’s Possession

An officer does not An officer does not have to have an arrest have to have an arrest warrant in his warrant in his possession if the officer possession if the officer had reliable information had reliable information that a felony warrant that a felony warrant has been issued for his has been issued for his arrestarrest

Failure of JusticeFailure of Justice

Arrests Without a warrantArrests Without a warrant

An officer has to have consent, search An officer has to have consent, search warrant or exigent circumstances to enter warrant or exigent circumstances to enter a person’s or third party’s home to arrest a person’s or third party’s home to arrest an individualan individual

Use of Force to Make An ArrestUse of Force to Make An Arrest

1.1. When the officer reasonably believes that the When the officer reasonably believes that the suspect possesses a deadly weaponsuspect possesses a deadly weapon

2.2. When the officer reasonably believes that the When the officer reasonably believes that the suspect poses an immediate threat of physical suspect poses an immediate threat of physical violence to the officer or othersviolence to the officer or others

3.3. When there is PC to believe that the suspect When there is PC to believe that the suspect has committed a crime involving the infliction has committed a crime involving the infliction or threatened infliction of serious bodily harmor threatened infliction of serious bodily harm

Right to Resist illegal ArrestRight to Resist illegal Arrest

If the arrest is illegal If the arrest is illegal and the actions of the and the actions of the officer in making the officer in making the arrest go so far as to arrest go so far as to constitute an assault, constitute an assault, the citizen may resist the citizen may resist the arrestthe arrest

Brooks V StateBrooks V State

Right to Resist Too Much ForceRight to Resist Too Much Force

An arrestee may use An arrestee may use force in resisting a force in resisting a police officer’s police officer’s unlawful use of unlawful use of deadly force in deadly force in effecting an arresteffecting an arrest

Commonwealth V Commonwealth V FrenchFrench

ActivityActivity

Filling Out an Arrest WarrantFilling Out an Arrest WarrantServing an Arrest WarrantServing an Arrest Warrant

Hot PursuitHot Pursuit

A warrant less entry A warrant less entry may be made to may be made to effect an arrest if the effect an arrest if the officer has been officer has been pursuing the suspect pursuing the suspect and has PC to believe and has PC to believe the suspect has the suspect has committed a crimecommitted a crime

Exigent CircumstancesExigent Circumstances

Means an emergency or dangerous Means an emergency or dangerous situationsituation

1.1. Hot pursuitHot pursuit

2.2. Threat to individual’s life or public safetyThreat to individual’s life or public safety

3.3. Destruction of evidenceDestruction of evidence

Unlikely that a misdemeanor crime will Unlikely that a misdemeanor crime will create these circumstancescreate these circumstances

SearchesSearches

ConsentConsentSearch Incident to ArrestSearch Incident to ArrestAreasAreasMotor VehiclesMotor Vehicles

Consent SearchConsent Search

Consent may be Consent may be given to enter a home given to enter a home to arrest an offender to arrest an offender by a person who has by a person who has common authority common authority over the premisesover the premises

The consent must be The consent must be freely and voluntarily freely and voluntarily givengiven

Search Incident to ArrestSearch Incident to Arrest

An officer who makes a full custodial An officer who makes a full custodial arrest may always search the person of arrest may always search the person of the arresteethe arrestee

Why?Why?1.1. Protects officer from attackProtects officer from attack2.2. Prevents the person from escapingPrevents the person from escaping3.3. Discovering the evidence or fruits of the Discovering the evidence or fruits of the

crime in the which the person was crime in the which the person was arrestedarrested

Motor Vehicle SearchMotor Vehicle Search

After an arrest, an After an arrest, an officer may search the officer may search the vehicle’s passenger vehicle’s passenger compartments as a compartments as a search incident to search incident to arrestarrest

An officer may An officer may examine the contents examine the contents of any containers of any containers found in the car found in the car (opened or closed)(opened or closed)

ActivityActivity

Searches without a warrantSearches without a warrant

Scenario with consentScenario with consent

With incident to arrestWith incident to arrest

Vehicle searchVehicle search

Search WarrantsSearch Warrants

Whenever possible Whenever possible an officer should an officer should obtain a search obtain a search warrantwarrant

A must search A must search warrant must be warrant must be issued by a judge and issued by a judge and obtained by a LEOobtained by a LEO

Verbal Notice and “No-knock” Verbal Notice and “No-knock” WarrantsWarrants

Prior to entering officers must give a Prior to entering officers must give a verbal notice before entering for a search verbal notice before entering for a search warrantwarrant

Reasons for a No-knock warrant:Reasons for a No-knock warrant:

1.1. Presence of automatic weaponsPresence of automatic weapons

2.2. Possible destruction of evidencePossible destruction of evidence

3.3. Possibility of imminent danger to officersPossibility of imminent danger to officers

Plain View DoctrinePlain View Doctrine

Any object in plain view may be taken Any object in plain view may be taken and used as evidence in a criminal trialand used as evidence in a criminal trial

1.1. Object must be inadvertently discoveredObject must be inadvertently discovered

2.2. The item must be apparent that it is The item must be apparent that it is contrabandcontraband

3.3. The officer discovering the item must The officer discovering the item must have a legal right to be therehave a legal right to be there

ActivityActivity

Your group will see a scenarioYour group will see a scenarioThe group must fill out a search warrant The group must fill out a search warrant

and successful execute the warrantand successful execute the warrant

ProjectProject

Criminal Procedure ProjectCriminal Procedure ProjectYour group of four will make a five minute Your group of four will make a five minute

movie clip on five components of criminal movie clip on five components of criminal procedureprocedure