The Second Amendment and Policing: Legal Aspects and Current News

1. AGENDA • Return Quiz One • Current News • Chapter Five, policing: Legal Aspects

2. Current News

3. Las Vegas Shooting The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

4. 2nd Amendment • The Second Amendment is the most important right, because the Second Amendment keeps the government from being able to impose tyranny https://www.merriam-webster.com/dictionary/tyranny

5. Discussions • Should a citizen be able to legally purchase 10 assault rifles? • What can we do to prevent this tragedy from repeating? • If he had lived, what punishment would be appropriate • Defense, what defense would he have had?

6. Police Actions • Law Enforcement Shootings • Law Suits http://www.dailynews.com/article/ZZ/20130430/NEWS/130439919 • Abuse of Police Power Rodney King Incident

7. Abuse of Power • https://www.youtube.com/watch?v=W-AERD6YB_E

8. Federal laws • https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U.S.C. § 14141). 

9. Bill of Rights Protect citizens against abused of police power The right against unreasonable searches and seizures Fourth Amendment The right against arrest without probable cause Fourth The right against self-incrimination Fifth The right against “double jeopardy Fifth The right to due process of law Fifth, Sixth, Fourteenth The right to a speedy trial Sixth The right to a jury trial Sixth The right to know the charges Sixth The right to cross-examine witnesses Sixth The right to a lawyer Sixth The right to compel witnesses on one’s behalf Sixth The right to reasonable bail Eighth The right against excessive fines Eighth The right against cruel and unusual punishments Eighth 1966 case of Miranda v. Arizona

10. Checks and Balances • The Constitution of the United States provides for a system of checks and balances among the • Legislative • Judicial • Executive branches of government

11. What are they? • Legislative branch legislates (makes laws). • Judicial branch judges (interprets laws). • Executive branch executes laws

12. Appeals • If a person feels they did not receive the respect and dignity due to them under the law, (unfair trial) • Higher courts?- California Appellate Court, then the United States Supreme Court Process- appeal to a higher court

13. The California Courts • The California courts of appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts. http://www.courts.ca.gov/courtsofappeal.htm

14. The California Courts • San Francisco • Los Angeles • Sacramento • The 4th District is unique in that it is divided into three geographical divisions San Diego Riverside Orange County

15. The California Courts Cont’d 5. Fresno 6. San Jose

16. Due Process Requirements Relevance to the police Three Major Areas, Pertain to • Evidence and investigation (search and seizure) • Arrest • Interrogation

17. U.S. Supreme Court Decisions made by the upper courts, LANDMARK CASES “Rules of the game” The procedural guidelines that the police and the rest of the justice system must follow Landmark case- A precedent-setting court decision that produces substantial changes both in the understanding of the requirements of due process and in the practical day to day operations of the justice system

18. Search & Seizure 4th Amendment “The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized.”

19. Exclusionary Rule Weeks v U.S. (1914) Freemont Weeks, used the United States Postal Service (mail) to sell lottery tickets, a federal crime. Exclusionary Rule: Incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial Simply put, a law that prohibits the use of illegally obtained evidence in a criminal trial in Federal court Mapp v. Ohio

20. Fruit of the Poisonous Tree Doctrine An extension of the exclusionary rule established in Silverthorne Lumber Co. v. United States, 251 U.S. 385 (1920). This doctrine holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. What is means- Since illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal search or seizure

21. Chief Justice Earl Warren • (1953 to 1969) • Weeks case 1914 • Mapp v. Ohio, 1961, exclusionary rule became applicable to criminal prosecutions at the state level.

22. Searches incident to Arrest Arresting Officers may search The defendant, the physical area within easy reach of the defendant When a search becomes illegal: When it goes beyond the defendant and the area within the defendant's immediate control When it is conducted for other than a valid reason

23. Chimel v. California (1969) Page 131

24. Good-Faith Exceptions to the Exclusionary Rule Law enforcement officers who conduct a search or who seize evidence on the basis of good faith (that is, when they believer they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still use the seized evidence in court

25. Probable Cause A set of fact and circumstances that would induce a reasonably intelligent and prudent person t believe that a particular other person has committed a specific crime Before a warrant can be issued, police officers must satisfactorily demonstrate probable cause in a written affidavit to a magistrate

26. Plain View Harris v. United States A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects Legal right to be there Page 134

27. Emergency Searches • Public Safety • Likely escape of dangerous suspect • Removal or destruction of evidence Page 137

28. Arrest What is an arrest? Defined as the action of taking an adult, or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense Technical terms, an arrest occurs whenever a law enforcement officer restricts a person’s freedom to leave Page 139

29. Terry Stop Terry v. Ohio Pat down, search for weapons A justifiable protective search for weapons, even in the absence of probable cause to arrest, where there is a suspicion that an individual is armed and dangerous. Reasonable suspicion Page 142

30. Vehicle Searches Plain view, inventorying and safekeeping Impounded vehicles

31. Fleeting-targetsException Predicted on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency Page 146

32. Informants • Paid Informants • Aguilar v. Texas- two pronged test • The source of the informant’s information is made clear • The police officer has a reasonable belief that the informant is reliable

33. InformantsCI’s Why do they do it? • Self-Interest: • Financial reward • Pre-trial release from custody • Withdrawal or dismissal of criminal charges • Reduction of sentence • Choice of location to serve sentence • Elimination of rivals or unwanted criminal associates. • Elimination of competitors engaged in criminal activities. • Diversion of suspicion from their own criminal activities. • Revenge

34. Police Interrogation The information-gathering activity of police officers that involves the direct questioning of suspects https://www.youtube.com/watch?v=-opqUSOUDQY https://www.youtube.com/watch?v=brgQy3DsZQg http://www.latimes.com/world/la-na-el-chapo-lawyers-alleged-abuse-20160926-snap-story.html?= Great interrogation Good cop bad cop Page 152

35. Police Interrogation • Inherent Coercion- free from coercion and hostility • Psychological Manipulation- Sophisticated trickery or manipulation • Right to a lawyer at Interrogation, Escobedo v. Illinois

36. Police Interrogation Ernesto Arturo Miranda

37. Police Interrogation The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman. He already had a record for armed robbery, as well as a juvenile record that included attempted rape, assault, and burglary. In 1966, the U.S. Supreme Court reviewed the confession and the officer's testimony. Miranda's confession was written on pages that contained the words, "this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me." Despite this, it was clear that Miranda had never been verbally advised of his right to counsel or his right to have a lawyer present during his questioning. The police never told Miranda of his right to not be compelled to incriminate himself.

38. The Miranda Warnings

39. The Miranda Warnings The dual principals of custody and interrogation. Both of which are necessary before an advisement of rights is required Spontaneous statements-

40. Questions? • Interview assignment? • Next week, Chapter Six Issues and Challenges of Police Work