Criminal Justice Process: the investigation – Chp 12

1. Criminal Justice Process: the investigation – Chp 12 Arrest – Suspect taken into custody 4th 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. http://caselaw.lp.findlaw.com/data/constitution/amendment04/ Arrest Warrant – obtained by filing a complaint before a judge or magistrate Without warrant but with probably cause – having reasonable belief that a specific person has committed a crime

2. Criminal Justice Process, cont. • Drug Enforcement • drug courier profile • allowed by courts and used as basis to stop and question • based on typical age, race, personal appearance, behavior, and mannerisms of drug couriers • probable cause with info from the community is allowed • probable cause from informant information allowed if judge considers informant reliable • judge looks at past accuracy of information, how info obtained, if the police can confirm the info

4. Criminal Justice Process, cont. • Reasonable Suspicion • Don’t need probably cause to stop and question • Must have reasonable suspicion to believe person is involved • Based on less evidence but more than a hunch • Can do a “stop & frisk” if they believe someone is armed • Officer may ask to speak to individual • Can refuse without fear of assumed guilt • Running from police gives reasonable suspicion

5. Criminal Justice Process, cont. Most common arrest? Most people do not realize they are being arrested. Traffic stops

6. Criminal Justice Process, cont. • Stop & Question • Police may use reasonable physical force as necessary • Limit use of deadly force to incidents involving dangerous or threatening suspects • Too much force could lead to civil action for violation of the Civil Rights Act • False Arrest • Officer is never liable for false arrest simply because the person was found innocent • To make this claim it must be shown that the officer acted maliciously or had no reasonable grounds for suspicion of guilt • Evidence obtained during unlawful arrest will not be allowed in court

7. Criminal Justice Process, cont. • Search & Seizure • 4th Amendment only prohibits unreasonable searches, does not give citizens an absolute right to privacy • Exclusionary Rule – evidence obtained in an unreasonable search cannot be used at trial • See Problem 12. 4, page 141 – Street Law Book

8. Criminal Justice Process, cont. • Searches With a Warrant • Judge must be convinced there is a bona fide need for a search of a person or place • Affidavit must be filed attesting to the facts and circumstances, providing probable cause • Warrant must be:- specific to a person or place to be searched- specific items that are to be seized- length of time it is valid- some states require permission to search at night • - Does not usually authorize a general search however police can seize evidence related to the case and any other illegal items in plain view

9. Criminal Justice Process, cont. Searches Without a Warrant Exceptions to the 4th Amendment Search incident to a lawful arrest - most common exception - allows search of lawfully arrested person and area immediately around for weapons or easily destroyed evidence “grab area” - if arrest occurs next to accused’s car police may search passenger area but not usually the trunk 2. Stop and Frisk - allowed if a suspicious person is likely to be armed - weapons only search - 1993 Supreme Court ruling – seizing an illegal substance during a valid frisk is reasonable if the officer’s sense of touch makes it immediately clear that the object is illegal, “plain feel” exception

10. Criminal Justice Process, cont. Searches Without a Warrant Exceptions to the 4th Amendment 3. Consent - voluntarily agree - normally only for searching that person’s belongings or property - parents/guardians can allow access to a minors property Plain View - object connected to crime is in plain view and can be seen from a place where an officer has a right to be Hot Pursuit - being in pursuit of suspect, gives ok to enter a building suspect seen entering - evidence in plain view is legal

11. Criminal Justice Process, cont. Searches Without a Warrant Exceptions to the 4th Amendment 6. Vehicle Searches - probably cause to believe vehicle contains contraband 7. Emergency situations - entering building after a telephoned bomb threat - enter house after smell of smoke or screams - where failure to immediately enter will result in destruction of evidence, escape of suspect, or possible harm to police or another individual 8. Border and airport searches - customs agents may search baggage, vehicles, purses, wallets, etc - body searches are only allowed with probably caused

12. Criminal Justice Process, cont. • Public School Searches • School authority only needs to have reasonable suspicion to believe a search will provide evidence that student is violating either school rules or the law • Lockers can be searched since they are considered property of the school • Suspicionless Searches • Supreme Court allows in certain circumstancesie: fixed point searches at or near borders sobriety checkpoints

13. Criminal Justice Process, cont. • Racial Profiling • In appropriate use of race as a factor in identifying people who may break or have broken the law • If witness/witnesses use race in their description of the criminal(s) then using race to stop someone is not considered inappropriate

14. Criminal Justice Process, cont. • Interrogations and Confessions • Question the accused • Confessions/admissions can be used as evidence • 5th Amendment protects against self-incrimination, not obliged to help government prove guilt • 6th Amendment – right to attorney • Must read Miranda Rights to suspect upon arrest • Failure to give Miranda Rights does not affect validity of an arrest • Miranda only required if person is in custodial interrogation and authorities do not want to use statements during trial • Police may ask questions related to public safety before advising a suspect of the Miranda Rights