The Investigation Process

Remember that there is a lot of “stuff” that happens before a person is charged or even a trial thought of

Figure 12.1 (page 135) Charges may not even be brought on a person

, judge can declare a mistrial, or a prosecutor may drop the charges

Fourth 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

Came to be because of case Entick v Carrington John Wilkes wrote an article in the paper (North Briton) to

criticize the administration of John Stuart (3rd earl of Bute and PM from 1762-1763)

Nathan Carrington and others broke into John Entick’s house because he was an associate of Wilkes and stole private papers from locked areas of the house

Judgment was found that there need to be limitations of officers and need to act in a “reasonable” manner according to English statues

Arrest warrant is a court order – filed before a judge or a magistrate

Anybody can fill the warrant but usually is a police officer

When there is no time, officers arrest someone based on probable cause and without a warrant

Arrest is when a person is suspected of a crime and taken into custody

At this point you are considered under arrest (point in which you feel that you are not free to leave)

Probable Cause: "a reasonable belief that a crime has been committed“

This has been criticized by being to circular is defining A circular definition is somewhat similar to a question-

begging argument: it neither offers us enlightenment about the thing we wanted to be enlightened about

Supported by less evidence needed to convict Protected under 4th amendment Recently officers have used a drug courier profile

In recent years, the term "Drug Courier Profile" has been used to describe those involved in the transportation of drugs. As this is accepted terminology in general conversation, it can create legal problems if used in conjunction with a vehicle stop.

Stopping someone because they fit a "Drug Courier Profile" has been referred to as a "reasonable suspicion" or pretext stop. In recent court cases, the courts have had mixed opinions on the legality of detaining someone based on nothing but reasonable suspicion.

Once a vehicle has been stopped for a violation, or within the scope of our duties, the officer should then look for indicators leading him to believe that the person is involved in drug trafficking.

Here is a site that has some information: Drug Courier Profiling Site

Homework 12.2