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Understanding the Criminal Justice System

Constitution. Laws of arrest, search, and seizurea. Police powers - investigative / arrest powers (1) Investigative - stop someone - frisk someone - remove someone from vehicle - ask questions of someone - detain someone. Constitution. (2) Arrest- us

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Understanding the Criminal Justice System

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    1. Understanding the Criminal Justice System Chapter 6: Police and the Constitution

    2. Constitution Laws of arrest, search, and seizure a. Police powers - investigative / arrest powers (1) Investigative - stop someone - frisk someone - remove someone from vehicle - ask questions of someone - detain someone

    3. Constitution (2) Arrest - use necessary / reasonable force - search a person and area - exercise seizure / restraint b. Constitutional restrictions - intent left to courts - arrest warrant / search warrant (1) Search and seizure - search for / taking of

    4. Constitution - persons and property - as evidence of a crime (2) 4th Amendment - “unreasonable” searches (a) Supreme Court ruled on: - search / arrest warrants - searches incident to arrest - stop and frisk - fresh pursuit

    5. Constitution - random vehicle checks - consent search - plain view seizures - confessions (3) Exclusionary Rule - prohibit evidence seized illegally - “fruit of the poisonous tree” (a) Violation of 4th Amendment - unreasonable search/seizure

    6. Constitution - Weeks vs. United States (1914) - federal - Mapp vs. Ohio (1961) - US vs. Leon (1984) “good faith exception” (4) Use of confessions - prohibits forced confessions (Brown vs. Mississippi - 1936) - assistance of counsel (Miranda vs. Arizona – 1966)

    7. Constitution (5) Search warrants - written order - issued by a judge - to a police officer (a) Based on probable cause - prosecution: affidavit - judge reviews - questions officer (b) “Totality of circumstances”

    8. Constitution (6) Arrest warrant - valid to enter person’s residence - search warrant / consent needed for third party residence (7) Search incident to arrest - clothing / within suspect reach - plain view (a) “Exigent circumstances” - evidence destroyed / injury

    9. Constitution (8) Stop and frisk - detain briefly for questioning - reasonable suspicion - ‘pat down’ for officer safety (a) Terry vs. Ohio (1968) (9) Vehicle searches - arrest of occupant - unlocked containers - Carroll Doctrine (1925)

    10. Constitution (a) Spot checks - pull vehicles over at random - Fury vs. Seattle (10) Private / consent searches - legal authority - parent: child under 18 (unless emancipated / pay rent / etc) - school administrator: lockers / book bags

    11. Constitution (11) Electronic eavesdropping - recording conversations - both parties - drug deals: police administrator (12) Border search - any vehicle / any person - drug courier / terrorist profile (13) Game agent searches - stop / search any vehicle - ask for identification / license

    12. Constitution (14) Plain view doctrine - see contraband - right to be there - all senses - “furtive move” (15) Custodial interrogation - 1960s: contacted by police - 1980s: focus on individual - 1990s: if arrested

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