Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 7

2. 4th Amendment Rights • Right to be free from “unreasonable searches and seizures” • “Probable cause” must exist for a warrant to be issued authorizing a search • No specific and definite meaning for “reasonable” • Has been interpreted as practical, logical, fair, sensible, plausible

3. 4th Amendment • Probable cause for a search warrant: • Reasonable grounds to believe that a specific item is being held in a specific place in violation of the law, or which is evidence of a crime • Probable cause for an arrest warrant: • Reasonable grounds to believe that a specific person has violated a specific law

4. Sources of Probable Cause • Officer observation; based on training and experience • May not be obviously criminal behavior • Victims, eyewitnesses, informants, and official sources ---Must be reliable • Evidence---guns, stolen items, contraband • Association---Person with criminal record in place where crime is occurring ---Not usually adequate alone for probable cause

5. Probable Cause Framework • Probable cause limits situations in which officers can make arrests • Also gives officers freedom to act within framework • Once arrest is made, officer must prove to Judge probable cause existed • Judicial determination must be made within 48 hours of arrest

6. Exclusionary Rule • Any evidence obtained in violation of the accused rights cannot be admitted. • Includes evidence derived from other illegally obtained evidence (“Fruit of the poison tree”) • Forces police to gather evidence properly • Not to reward offender, but to insure legal procedures are followed • Censures law enforcement for misbehavior

7. Stops and Frisks • Approved by Supreme Court in Terry v. Ohio case • When reasonable suspicion exists, officers may: • Briefly detain a suspect they believe suspicious • If they believe them armed, pat outer clothing for weapons

8. Reasonable suspicion for “stop and frisk?” • Stop (brief detention of person)---Officer believes crime is about to occur, or has taken place • Time limitation (Example)---90 minute detention at airport was unreasonable • Frisk (weapons pat down)---Officer reasonably believes person to be armed; pat down is to protect officer and others • Must not be “fishing expedition” to find other evidence

9. Stop • In a “stop,” are you required to give your name? • The courts have ruled that officers can require individuals to identify themselves.

10. 4th Amendment • Terry v. Ohio – Case circumstances • Police observed three men acting strangely • They were walking past a store, peering in the window, stop at the corner and confer • Police believed they were “casing” the store • Officer approached the men, asked for identification • After receiving a mumbled response, he frisked the men and found two handguns • The men were arrested and convicted of carrying concealed weapons • Supreme Court ruled that the officer’s suspicion was reasonable and he could search for his own protection

11. Arrest • Definition: to take into custody a person suspected of criminal activity • Could result from stop and frisk • Deprivation of liberty---Requires full protection of the constitution • Requires probable cause, not just reasonable suspicion (like stop and frisk)

12. Question??? • Define the difference between stop and arrest

13. Elements of Arrest • Officer intends to make arrest • Officer has authority to make arrest • Detention of the subject results • Person understands he has been arrested

14. Arrest Free to leave test: When would a reasonable person believe that he/she is not free to leave?

15. Arrests with a warrant • Issued by judge or magistrate • After confirming officers had established probable cause • Identifies suspect and crime they are alleged to have committed

16. 4th Amendment • Does an officer, armed with a warrant have to knock and announce before entering a home?

17. Arrest with a warrant • Courts generally require police knock and announce identity before entering a home • There are exceptions, based on exigent circumstances: • Suspect is armed and poses threat of violence to officers • Persons inside are in process of destroying evidence • A felony is being committed as officers enter • Recent court decisions have expanded exceptions

18. Arrests without a warrant • When offense is committed in presence of officer • Officer has knowledge a crime has been committed, and suspect is responsible • Traditionally, officers could arrest without a warrant for misdemeanors only if committed in their presence • This “misdemeanor requirement” has been relaxed to allow misdemeanor arrests in most places on probable cause

19. 4th Amendment • “The right of the people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures.” • This is a right to privacy – a reasonableexpectation of privacy • Individual must prove he expected privacy • Society must recognize the expectation as reasonable

20. Questions of Privacy—Small Groups 5 points • Reasonable expectation of privacy: • Can a police officer seize and search your garbage that you put on the curb to be picked up by the garbage collectors? • _____ Yes _____ No • Should an individual making drug deals from a public phone booth have a reasonable expectation of privacy? • _____ Yes _____ No • Why or why not?

21. Search Warrants • Order from Judge authorizing police to search a certain area • Must demonstrate to a Judge: • Probable cause that a crime was committed • Specific information of the premises to be searched • Suspects expected to be found there • Illegal activities taking place • Items to be seized

22. Search warrant requirements • Officer must prepare affidavit to go to Judge • Items which can be seized during search: ---Results of the crime ---Items inherently illegal for anyone to possess ---Evidence of crime ---Items used in committing crime

23. Searches and seizures without a warrant • Plain View doctrine – Supreme Court has ruled that an officer may seize evidence if that evidence is in plain view • Hot pursuit • Searches incidental to arrest – As long as the original arrest was based on probable cause, the officer may search the subject • For safety of officer • Protect any evidence on suspect’s person

24. Search and seizures without a warrant • Consent searches – the subject gives the officer permission to search • Must be voluntary • Critics say that many people are intimidated and many do not understand that they have the option not to comply • Supreme Court ruled that as long as the officer does not improperly coerce the person, they are not required to inform of a choice in the matter

25. Searches and seizures without a warrant • Searches of automobiles: • An investigatory stop is permissible under the 4th Amendment if supported by reasonable suspicion and a warrantless search of a stopped car is valid if it is based on probable cause • Fleeting Targets of exception – since a vehicle is mobile, it could go down the road and the subjects destroy the evidence; see Carroll v. United States • By the time police communicate with Judge for a warrant, vehicle could be gone • Must have probable cause to believe vehicle contains contraband or evidence of criminal activity

26. Search and seizure • Exception to the warrant requirement; top of page 175.

27. Exceptions Incident to a Lawful arrest Consent Stop and Frisk Hot Pursuit Automobile Exception Plain view Abandoned property Border Searches Inevitable Discovery

28. 4th Amendment • Electronic surveillance: wiretaps and bugs may be used if: • Consent is given by one of the parties • Warrant authorizing the use of the device • USA Patriot Act of 2001 – moved from probable cause to “serves a significant purpose” in gathering foreign intelligence • This allows a federal agent to randomly search Web sites and chat rooms

29. “Sneak and peek” searches • Allow law enforcement to search home or seize property • Without notifying target of search • If agents believe notification would: • Endanger public safety • Lead to destruction of evidence • Jeopardize on-going investigation

30. 5th Amendment • Protects against self-incrimination • A confession cannot be physically coerced • Defendant has a right to a lawyer in custodial interrogations (while arrested) • Interrogation: Direct questioning of suspect to gather evidence of criminal activity and attempt to gain a confession

31. Miranda v. Arizona case • U. S. Supreme Court case in 1966 • Established that criminal suspects had a right under 5th amendment to be informed by police of certain rights when arrested • Rights related to attorney representation and right to remain silent

32. Police interrogation • Court ruled in Miranda case there is inherent coercion in police interrogation • Not physical, but pressure to divulge information • Lights in the eyes • Long hours of questioning • Leave suspect alone in room for hours

33. Miranda Rights • List all of the Miranda warnings

34. Miranda Warning • Right to remain silent; If you give up that right, • Then anything you say can and will be used against you • You have the right to talk to an attorney and have the attorney present while you are being questioned • If you cannot afford an attorney, one will be appointed for you • If you answer questions without a lawyer here and now, you have the right to stop answering questions at any time

35. Wavier of Miranda • Do you understand these rights? (Answer must be yes.) • Knowing your rights, are you willing to talk to another law enforcement officer or me? (Answer must be yes.) • Do you wish to answer questions without a lawyer present? (Answer must be yes.)

36. Miranda Warning • When is Miranda required?

37. Miranda Warning • Arrest and custody are the Miranda triggers and before questioning • When does Miranda not apply? • When asking no testimonial questions • When officers have not focused on a suspect and are questioning witnesses at a crime scene • When a suspect has given a private statement to a friend • During a stop and frisk, when no arrests have been made • During a traffic stop • Suspect volunteers information

38. Erosion of Miranda • Several recent court cases have weakened the requirements of Miranda (Fig. 7.4, p. 183) • Have granted a larger number of exceptions to Miranda requirements • Some say videotaped interrogation and confessions may eliminate necessity of Miranda warnings

39. Issue: Racial Profiling • Larger number of minority groups are stopped and searched by officers • “Driving while Black” phenomenon • Officers respond to behavior or characteristics which are “different” • For white officers, can include race and ethnicity • Some believe profiling is effective in certain instances (after 9/11) • Many agencies (state and federal) have banned racial profiling