police and the rule of law chapter 7 in your textbook john massey criminal justice
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Police and the Rule of LawPolice and the Rule of Law
Chapter 7 In Your TextbookChapter 7 In Your Textbook
John MasseyJohn MasseyCriminal JusticeCriminal Justice
The Fourth AmendmentThe Fourth Amendment
Every police officer must understand the 4Every police officer must understand the 4thth amendmentamendment
1) prohibits illegal/unreasonable searches and 1) prohibits illegal/unreasonable searches and seizuresseizures
2) you must have probable cause to obtain a 2) you must have probable cause to obtain a warrantwarrant
Why are searches used?Why are searches used? Find evidence that is needed to convict suspectsFind evidence that is needed to convict suspects Searches must be reasonableSearches must be reasonable Elephant in a matchboxElephant in a matchbox
Without probable cause, an arrest or seizure is illegal Without probable cause, an arrest or seizure is illegal and unconstitutional = unreasonableand unconstitutional = unreasonable
Probable CauseProbable Cause
Reasonable grounds to believe the existence of Reasonable grounds to believe the existence of facts warranting certain actions, such as the search facts warranting certain actions, such as the search or arrest of a person (more than suspicion or a or arrest of a person (more than suspicion or a hunch)hunch)
Four ways to obtain probable cause:Four ways to obtain probable cause: 1) personal observation1) personal observation 2) information2) information 3) evidence3) evidence 4) association4) association
Most arrests are made without a warrant (result of a Most arrests are made without a warrant (result of a quick reaction to a crime)quick reaction to a crime)
Officers cannot obtain a warrant in every scenarioOfficers cannot obtain a warrant in every scenario Officer still must have probable cause to arrestOfficer still must have probable cause to arrest MagistrateMagistrate
Exclusionary RuleExclusionary Rule Prohibits the use of illegally Prohibits the use of illegally
seized evidenceseized evidence Any evidence obtained by Any evidence obtained by
unreasonable unreasonable search/seizure is search/seizure is inadmissible against inadmissible against defendantdefendant
Fruits of the Poisonous treeFruits of the Poisonous tree Any evidence obtained as a Any evidence obtained as a
result of illegally obtained result of illegally obtained evidenceevidence
Also inadmissibleAlso inadmissible Makes officers do their job Makes officers do their job
properlyproperly Some argue it lets the guilty go Some argue it lets the guilty go
freefree
Stops and FrisksStops and FrisksReasonable suspicionReasonable suspicion
1) briefly detain suspect1) briefly detain suspect
2) pat down and frisk person’s outer clothing (weapons)2) pat down and frisk person’s outer clothing (weapons)
Terry v. OhioTerry v. Ohio
19681968
Supreme Court said that the officer had reasonable Supreme Court said that the officer had reasonable suspicion to believe the two men were armed and suspicion to believe the two men were armed and dangerous.dangerous.
STOPSTOP: officer has the reasonable suspicion that a criminal : officer has the reasonable suspicion that a criminal activity is taking or is about to take placeactivity is taking or is about to take place
FRISKFRISK: pat down or minimal search for weapons: pat down or minimal search for weapons
Exigent CircumstancesExigent Circumstances
Certain situationsCertain situations Law enforcement officers do not Law enforcement officers do not
need to knock and announce their need to knock and announce their presencepresence 1) suspect is…1) suspect is… 2) evidence is…2) evidence is… 3) felony is…3) felony is…
Arrests without a warrantArrests without a warrant Offense is committed…Offense is committed… Officer has knowledge that…Officer has knowledge that…
The BreakdownThe Breakdown
SearchSearch IntrusiveIntrusive Find evidenceFind evidence
Search WarrantSearch Warrant Protects police officerProtects police officer Authorizes a search of a specific areaAuthorizes a search of a specific area
SeizureSeizure Actual taking of propertyActual taking of property
Two exceptions to the warrant requirementTwo exceptions to the warrant requirement Search incident to arrestSearch incident to arrest
Direct result of an arrest (remove weapons and protect Direct result of an arrest (remove weapons and protect evidence)evidence)
Consent searchConsent search Consent must be voluntary, cannot be forcedConsent must be voluntary, cannot be forced
Auto SearchesAuto Searches
Belton SearchBelton Search is most common is most common Warrantless searchWarrantless search Front and back componentsFront and back components Area within immediate Area within immediate
controlcontrol
Movable VehiclesMovable Vehicles:: Police are not required to Police are not required to
obtain a warrantobtain a warrant Vehicle can be moved Vehicle can be moved Probable cause existsProbable cause exists Vehicle may contain Vehicle may contain
contraband or evidence of contraband or evidence of criminal activitycriminal activity
A chart to help you rememberA chart to help you remember Belton Search Belton Search
Motor Vehicle Motor Vehicle Exception SearchException Search
Long SearchLong Search
JustificationJustification: custodial arrest: custodial arrest Level of suspicion as to weapon Level of suspicion as to weapon
or evidenceor evidence: None: None Where search can extendWhere search can extend: Interior : Interior
of vehicle onlyof vehicle only What can be searched forWhat can be searched for: weapon : weapon
or evidence of any crimeor evidence of any crime
JustificationJustification: p/c as to evidence in : p/c as to evidence in vehiclevehicle
Level of suspicion as to weapon Level of suspicion as to weapon or evidenceor evidence: probable cause: probable cause
Where search can extendWhere search can extend: all parts : all parts of the vehicleof the vehicle
What can be searched forWhat can be searched for: : whatever officer has p/c to search whatever officer has p/c to search forfor
JustificationJustification: Terry stop of driver or : Terry stop of driver or passengerpassenger
Level of suspicion as to weapon Level of suspicion as to weapon or evidenceor evidence: reasonable suspicion : reasonable suspicion to think person stopped is armedto think person stopped is armed
Where search can extendWhere search can extend: interior : interior of vehicle onlyof vehicle only
What can be searched forWhat can be searched for: weapon : weapon onlyonly
Plain ViewPlain View
Officer can seize any illegal item that can be seen in Officer can seize any illegal item that can be seen in plain view in the vehicleplain view in the vehicle Warrant is not neededWarrant is not needed Must be detected easilyMust be detected easily Immediately recognizableImmediately recognizable Unintentional discoveryUnintentional discovery Legally in positionLegally in position
MirandaMiranda
The Miranda warningsThe Miranda warnings
The focus is interrogationThe focus is interrogation
1966 – Miranda v. Arizona1966 – Miranda v. Arizona
Applies only when a suspectApplies only when a suspect
Suspects can waive their 5Suspects can waive their 5thth amendment rights and amendment rights and speak to an officer voluntarilyspeak to an officer voluntarily
Identification ProceduresIdentification Procedures
ShowupsShowups Suspect matches description given by witnessesSuspect matches description given by witnesses
Photo ArraysPhoto Arrays Police have general description, witnesses/victims are Police have general description, witnesses/victims are
shown picturesshown pictures
LineupsLineups Lineup several similar looking people, one is the Lineup several similar looking people, one is the
suspectsuspect
The booking process:The booking process: Process of entering a suspect’s name, offense and Process of entering a suspect’s name, offense and
arrival time into the police log following the arrestarrival time into the police log following the arrest
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