Police and the Rule of Law

1. Police and the Rule of Law Chapter 7 In Your Textbook John Massey Criminal Justice

2. The Fourth Amendment Every police officer must understand the 4th amendment 1) prohibits illegal/unreasonable searches and seizures 2) you must have probable cause to obtain a warrant Why are searches used? Find evidence that is needed to convict suspects Searches must be reasonable Elephant in a matchbox Without probable cause, an arrest or seizure is illegal and unconstitutional = unreasonable

3. Probable Cause Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person (more than suspicion or a hunch) Four ways to obtain probable cause: 1) personal observation 2) information 3) evidence 4) association Most arrests are made without a warrant (result of a quick reaction to a crime) Officers cannot obtain a warrant in every scenario Officer still must have probable cause to arrest Magistrate

4. Exclusionary Rule Prohibits the use of illegally seized evidence Any evidence obtained by unreasonable search/seizure is inadmissible against defendant Fruits of the Poisonous tree Any evidence obtained as a result of illegally obtained evidence Also inadmissible Makes officers do their job properly Some argue it lets the guilty go free

5. Stops and Frisks Reasonable suspicion 1) briefly detain suspect 2) pat down and frisk person�s outer clothing (weapons) Terry v. Ohio 1968 Supreme Court said that the officer had reasonable suspicion to believe the two men were armed and dangerous. STOP: officer has the reasonable suspicion that a criminal activity is taking or is about to take place FRISK: pat down or minimal search for weapons

6. Exigent Circumstances Certain situations Law enforcement officers do not need to knock and announce their presence 1) suspect is� 2) evidence is� 3) felony is� Arrests without a warrant Offense is committed� Officer has knowledge that�

7. The Breakdown Search Intrusive Find evidence Search Warrant Protects police officer Authorizes a search of a specific area Seizure Actual taking of property Two exceptions to the warrant requirement Search incident to arrest Direct result of an arrest (remove weapons and protect evidence) Consent search Consent must be voluntary, cannot be forced

10. Auto Searches Belton Search is most common Warrantless search Front and back components Area within immediate control Movable Vehicles: Police are not required to obtain a warrant Vehicle can be moved Probable cause exists Vehicle may contain contraband or evidence of criminal activity

11. A chart to help you remember Belton Search ? Motor Vehicle ? Exception Search Long Search ? Justification: custodial arrest Level of suspicion as to weapon or evidence: None Where search can extend: Interior of vehicle only What can be searched for: weapon or evidence of any crime Justification: p/c as to evidence in vehicle Level of suspicion as to weapon or evidence: probable cause Where search can extend: all parts of the vehicle What can be searched for: whatever officer has p/c to search for Justification: Terry stop of driver or passenger Level of suspicion as to weapon or evidence: reasonable suspicion to think person stopped is armed Where search can extend: interior of vehicle only What can be searched for: weapon only

12. Plain View Officer can seize any illegal item that can be seen in plain view in the vehicle Warrant is not needed Must be detected easily Immediately recognizable Unintentional discovery Legally in position

13. Miranda The Miranda warnings The focus is interrogation 1966 � Miranda v. Arizona Applies only when a suspect Suspects can waive their 5th amendment rights and speak to an officer voluntarily

14. Identification Procedures Showups Suspect matches description given by witnesses Photo Arrays Police have general description, witnesses/victims are shown pictures Lineups Lineup several similar looking people, one is the suspect The booking process: Process of entering a suspect�s name, offense and arrival time into the police log following the arrest