1. Welcome to CJ227: Criminal Procedure
Professor Irene Gainer
Seminar (Unit 2)

2. Expectations (Generally)
See Syllabus!!!
Communication. . .
Ask Questions. . .
Show Me You Have learned Something. . .
Don’t Forget Peer Responses. . .
Good Faith Effort Regarding APA. . . (Relax)
Etc.

3. Unit 2 Discussion Seminar Take a Break Read Chapters 3 and 4
Review Key Terms
Discussion
Seminar
Take a Break
Read Chapters 3 and 4
Complete the Unit Writing Assignment
Unit Summary
Quiz

4. Discussion
Many people feel that once an individual is placed under arrest that law enforcement is required to advise that individual of their Miranda rights. Based on the US Supreme Court guidelines, Miranda is only required when both custody and interrogation are present. Do you feel that an individual should be Mirandized at the point of arrest, regardless of the Supreme Court’s guidelines? Why or why not
As you discuss the above subjects with your classmates, refer to the unit reading assignments and use the library/Internet for additional reference.
After contributing one substantial response (50 to 100+ words), please respond to at least two (2) of your classmates' posts with a significant and thoughtful response.
Contribute to the discussion board at the start of the unit and on at least two other days.
Respond with posts that are grammatically correct and cite all sources by including the web address and author.

5. Discussion (Part 2)
The Discussion Board experience is maximized when initial posts are made prior to Sunday evening at 9:00PM. I strongly encourage this philosophy to facilitate that “experience.”

6. Quiz This Quiz is scheduled for 4/28/2010 to 5/4/2010.
If you need more time you need to contact me and let me know.

7. Did You Miss the Seminar?
To receive credit for the seminar if you are unable to attend, you are required to write a 300 – 500 word paper on the seminar topic.
Review the seminar archive for additional information.
Submit your assignment using the Doc Sharing tab.
Select the option to send to your instructor only.

8. SEMINAR
In Unit 2’s seminar we will discuss police encounters with individuals and the required level of police suspicion needed to justify these encounters. We will learn about consensual encounters, traffic stops, Terry stops, and arrests. We will take a look at the factors used to determine when a person is under arrest as well as the appropriateness of any searches performed during these encounters..

9. Chapter 3
This chapter examines the legal issues involved in arrests, custody, and interrogations. Topics discussed include:
What constitutes an arrest?
Terry type stops
Force in effecting an arrest
Miranda and its requirements
Immunity from arrest
Bookings
Private persons arrest
Citations

10. ARREST
The taking of a person into custody in the manner authorized by law.
Arrested person may be subjected to reasonable restraints.
There must be probable cause or a warrant to arrest.
If the arrest is lawful, the person may be searched.

11. Two Elements of Probable Cause to Arrest by a Law Enforcement Officer
There is reason to believe that a crime has been committed.
And the person to be arrested committed the crime .

12. Arrest Warrant
A written order issued by a judicial officer upon a showing of probable cause commanding the arrest of a particular person.
Some jurisdictions allow the use of telephonic arrest warrants.

13. Terry v. Ohio Developed the concept of differential intrusiveness.
Where intrusiveness is minimal, the standard of reasonable suspicion is sufficient.
Developed the concept of stop and frisk.

14. Reasonable Suspicion
Based on specific facts that can be articulated to a court.
Less than probable cause.
Cannot be based on “instinct” not backed by facts.
Reasonable Suspicion!!!!!!!

15. Miranda Requirements For Miranda to apply, individual must be:
In custody
Under control of law enforcement
Not free to leave
And be interrogated
Interrogation is defined for this purposes as actions by an officer designed to elicit information from the suspect.

16. Miranda’s Four Prong Test
If Miranda applies, a court looks at:
Was statement voluntary?
Was the warning given?
Was there a wavier by the suspect?
Was the waiver intelligently and voluntarily made?
All above questions must be answered in the affirmative to admit statement

17. Miranda Exceptions
A voluntary statement taken without the required Miranda warnings may be used to impeach a witness. Harris v. New York
Undercover officer posing as a friend or inmate does not need to give the warning because of the lack of a coercive atmosphere.
Fruit of poisonous tree doctrine does not apply to Miranda violations as long as statement is voluntary

18. See Everyone Next Week
If I didn’t respond to a question or comment by you during seminar, I am not ignoring you. The chat goes quickly, and I’m only human  Please repeat your question or talk to me after class.
I’m always available 
You are never a “bother”
No question is a stupid question. . .
If you call or me, I will respond very quickly. . . or