Journal

1. Can a police officer “stop and frisk” you?2. True or False - The 4th amendment

protects us against all searches and seizures

3. Do the police need a warrant to arrest you?

Intro to Law

Chapter 12 - The Criminal Justice Process: The Investigation Phase

Arrest

• An arrest takes place when a person suspected of a crime is taken into custody.

• By an arrest warrant• Or without a warrant if

there is probable cause

Arrest Warrants

• Arrest warrant is a court order commanding a person named in it be taken into custody

• How do you get a warrant?

• What do you need for a warrant?

What is Probable Cause?

• Probable cause is defined as a reasonable belief that a person has committed a crime.

• Probable cause is not the amount of evidence needed to find someone guilty in a criminal trial

• Examples• Problem 12.1 (p136)

So what can cops do?

• Police do not need probable cause to stop and question an individual who they reasonably believe is involved in a crime

• If someone is acting suspicious and the police believe he/she may be armed they can perform a “stop and frisk”

• Force?• Problem 12.2 (p137)

Search and Seizure

• The 4th amendment guarantees the right against “unreasonable searches and seizures”

• This right does not guarantee a right against all searches, just searches that are deemed unreasonable

• Expectation of privacy• Exclusionary rule• Problem 12.4 (p141)

Probable Cause Continuum

Searches without a warrant

• Search incident to a lawful arrest• Stop and frisk• Consent• Plain view• Hot pursuit• Vehicle searches• Emergency situations• Border and airport searches

Officer, Officer!

• What does it take to be a police officer?• In your journal, answer the questions found

on the website below. • http://www.glencoe.com/sec/socialstudies/st

reet_law/textbook_activities/unit_web_activities/unit02b.php

Public Schools

• In New Jersey v. T.L.O., the Court set forth the principles governing searches by public school authorities. The Fourth Amendment applies to searches conducted by public school officials because ''school officials act as representatives of the State, not merely as surrogates for the parents.''

• However, ''the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.'' Neither the warrant requirement nor the probable cause standard is appropriate, the Court ruled. Instead, a simple reasonableness standard governs all searches of students' persons and effects by school authorities.

• Problem 12.7 (p147)

Interrogations and Confessions

• Usual procedure is the police question the accused - called interrogation

• The accused have the right against self-incrimination

• Confession must be voluntary and trustworthy - cannot use physical force, torture or threats to force an innocent person to confess

• Escobedo v. Illinois - request to attorney cannot be denied

• Miranda v. Arizona - must be warned of rights before “custodial interrogation”

• Problem 12.10 (p153)

Miranda Warnings

• Accused must be read their Miranda rights before questioning begins

• Public safety limitation

• “custodial interrogation”