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Unit 4: The Criminal Justice Process

Unit 4: The Criminal Justice Process. Chapters 12 – 15. The Investigation. Chapter 12. Arrest. Takes place when a suspect is taken into custody 4 th Amendment (seizure) applies so must be reasonable Either with an arrest w arrant or w/o a warrant if there is probable cause

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Unit 4: The Criminal Justice Process

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  1. Unit 4: The Criminal Justice Process Chapters 12 – 15

  2. The Investigation Chapter 12

  3. Arrest • Takes place when a suspect is taken into custody • 4th Amendment (seizure) applies so must be reasonable • Either with an arrest warrant or w/o a warrant if there is probable cause • Courts have allowed “drug courier profile” • Reasonable suspicion required to stop and question an individual • Police may ask to speak with someone w/o either

  4. Arrest • Traffic stops are technically arrests because you are not free to leave • Police may use as much physical force as necessary • Use of too much force or an unlawful arrest violates the Civil Rights Act • The Case of… pg. 137 (handout)

  5. Search and Seizure • Individual privacy vs. government need for information • Warrantless searches are common except for homes • Exclusionary Rule (Mapp vs. Ohio 1961) • Problem 12.4 (handout)

  6. Search and Seizure • Searches with a Warrant • Court order • Affidavit • “In plain view” • Searches without a warrant • Search incident to a lawful arrest • Stop and frisk • Consent • Contraband (Plain view) • Hot pursuit • Vehicle searches • Emergency situations • Border and airport searches

  7. Search and Seizure • Public School Searches • New Jersey v. TLO (1985) • Vernonia School District v. Acton (1995) • Drug dogs • Suspicionless Searches • Railroad employees • Sobriety checkpoints • Racial Profiling

  8. Interrogations and Confessions • 5th Amendment: privilege against self-incrimination • Escobedo v. Illinois (1964) • Right to counsel during questioning • Miranda v. Arizona (1966)

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