1. EMLYN A. RICKETTS, ESQ. Criminal Procedure: The Investigative Phase

2. PART I: THE STOP

3.  Stop and Frisk (also called a Terry stop) comes from a 1968 landmark Supreme Court case called Terry v. Ohio.  Holding: the police can stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, and can frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous, without violating the Fourth Amendment prohibition on unreasonable searches and seizures. Stop and Frisk

4.  Reasonable suspicion has to be more than a hunch. It must be:  Based on “specific” and “articulable” facts.  “Taken together with rational inferences from those facts.”  Thus, a person standing at a bus stop looking nervous would not be enough for reasonable suspicion, but a person standing at a bus stop in an area known for drug trafficking who shakes hands with random people and doesn’t get on the bus when it comes would create a situation that gives rise to reasonable suspicion. Reasonable Suspicion

5.  People in favor of stop and frisk cite the need to keep law enforcement agents safe. The police don’t know who has a dangerous weapon and who does not, and they have to be able to immediately check someone for weapons to ensure safety.  People in favor of stop and frisk also say that the police have been able to prevent crimes by catching dangerous individuals before they can harm others.  Opponents of stop and frisk cite the fact that many people are stopped even though they didn’t do anything wrong. According to a 2015 study by the ACLU, during the summer of 2014, there were more than 250,000 stops in Chicago that did not lead to an arrest.  Furthermore, there is racial bias in the enforcement of the practices. Black Chicagoans were subjected to 72% of all stops in Chicago in 2014, yet constitute just 32% of the city’s population. More About Stop and Frisk

6. Answer the following question in your notes: 1: Why might some people agree with the Supreme Court holding in Terry? Why might some people disagree? Now, take a few minutes to read “Stop and Frisk: An In-Depth Introduction.” When you finish, answer the three questions at the end of the article.

7.  https://www.youtube.com/watch?v=01rsXYIXOrU https://www.youtube.com/watch?v=01rsXYIXOrU  https://www.youtube.com/watch?v=tt4O62_VXs4 https://www.youtube.com/watch?v=tt4O62_VXs4  http://abc7chicago.com/news/cpd-defends-stop-and-frisk-after-aclu-study/569428/ http://abc7chicago.com/news/cpd-defends-stop-and-frisk-after-aclu-study/569428/ Watch the following video clips about Stop and Frisk:

8. PART II: THE ARREST

9.  1. Search warrant (must state the particular place to be searched and the items to be seized)  2. If there is an emergency situation (i.e., they get a noise complaint, arrive at the house, and hear someone inside screaming)  3. If they are in hot pursuit of a fleeing felon (i.e., if they are chasing someone who just committed a robbery and the person runs inside a house)  4. To prevent the destruction of evidence  5. If a competent resident of the house consents to entry and does not object to a search of the home When can the police come into someone’s house?

10.  An arrest happens when an individual who is suspected of a crime is taken into police custody.  An arrest is considered a seizure under the 4 th amendment, which requires that all seizures be reasonable.  What makes an arrest a reasonable seizure under the 4 th amendment? Arrest

11.  Arrest Warrant: a court order commanding that the person named in it be taken into custody. Must be signed by a judge who, upon hearing the evidence, decides that there is probable cause to arrest the named individual.  Investigative Alert: an administrative order to arrest a person based on information that they were involved in a crime at some point in time.  Probable Cause: based on the circumstances and facts in a given situation, a police officer has a reasonable belief that a specific person has committed a specific crime.  Can anyone think of some examples of situations where the police might have probable cause to arrest someone? Arrest

12.  After someone is arrested, the police may hold him or her for up to 24 hours (17 or under) or 48 hours (18 or older) at the police station in order to conduct an investigation, interrogate the person, and gather the evidence necessary to charge the person with a crime. Investigation

13. Interrogation  What can a police officer do during an interrogation?  Lie (use trickery to elicit a confession)  Talk about false evidence or witnesses that allegedly exist  What can a police officer NOT do during an interrogation?  Present any false physical evidence  Use or threaten to use physical evidence  Promise what the judge will do if the suspect confesses