Welcome to our second seminar! Can you believe we are almost at the mid term? You all have been doing a wonderful job and I’m sure the second half of the.

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Presentation transcript:

Welcome to our second seminar! Can you believe we are almost at the mid term? You all have been doing a wonderful job and I’m sure the second half of the term will be just as good! As always, if you have questions, don’t hesitate to contact me. I am happy to help! Does anyone have questions before we get started?

In unit 4 you will need to complete the discussion boards regarding legal and illegal searches. There are two questions, so make sure you answer both! There is also information on the search and seizure paper that is due in week 5. It is a 5 – 7 page research proposal stemming from the scenario given.

To start, let’s go over a little information regarding search and seizure. I’m sure you’ve all learned this before, but a refresher is always good before a project is due! The U.S. Constitution was designed to protect against abuses of police power. Restraints on police behavior: Help to ensure individual freedoms. Must be balanced against the need for police to effectively do their jobs.

WHAT IS A SEARCH AND SEIZURE? search and seizure - examination of a person's premises (residence, business, or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket). The basic question is whether the search and seizure were "unreasonable" under the 4th Amendment to the Constitution (applied to the states under the 14th Amendment), which provides: "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."

Thus, searches and seizures must be under the authority of a search warrant or when the officer has solid facts that give him/her "probable cause" to believe there was evidence of a specific crime in the premises and no time to get a warrant. Evidence obtained in violation of the Constitution is not admissible in court, nor is evidence traced through such illegal evidence.

Courts also deal with issues involving rights violations, which have become the basis for dismissal of charges, acquittal of defendants, or release of convicted offenders upon appeal. Most due process requirements relevant to the police involve: Evidence and interrogation (search and seizure), Arrest, and interrogation Landmark cases clarify the “rules of the game”— the procedural guidelines by which the police and the rest of the justice system must abide. The Court addresses only real cases and does so on a writ of certiorari.

Search and Seizure – the Fourth Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The Fourth Amendment protects one’s privacy from unreasonable searches and seizures. A police officer may only search people and places when the officer has probable cause or reasonable suspicion to suspect criminal activity.

Probable cause" means that the officer must possess sufficiently trustworthy facts to believe that a crime has been committed. In some cases, an officer may need only a reasonable suspicion of criminal activity to conduct a limited search. Reasonable suspicion means that the officer has sufficient knowledge to believe that criminal activity is at hand. This level of knowledge is less than that of probable cause, so reasonable suspicion is usually used to justify a brief frisk in a public area or a traffic stop at roadside. To possess either probable cause or reasonable suspicion, an officer must be able to cite specific articulable facts to warrant the intrusion. Items related to suspected criminal activity found in a search may be taken, or seized, by the officer.

Under the Fourth Amendment, a seizure refers to the collection of evidence by law enforcement officials and to the arrest of persons. An arrest occurs when a police officer takes a person against his or her will for questioning or criminal prosecution. The general rule is that to make an arrest, the police must obtain an arrest warrant. However, if an officer has probable cause to believe that a crime has been committed and there is no time to obtain a warrant, the officer may make a warrantless arrest. Also, an officer may make a warrantless arrest of persons who commit a crime in the officer's presence. An invalid arrest is not generally a defense to prosecution. However, if an arrest is unsupported by probable cause, evidence obtained pursuant to the invalid arrest may be excluded from trial.

A warrant is not required for a search incident to a lawful arrest, the seizure of items in plain view, a border search, a search effected in open fields, a vehicle search (except for the trunk), an inventory search of an impounded vehicle, and any search necessitated by exigent circumstances. It is also not required for a Stop and Frisk, a limited search for weapons based on a reasonable suspicion that the subject has committed or is committing a crime. A police officer may also conduct a warrantless search if the subject consents.

 Emergency Warrantless Searches - Three threats provide justification for emergency warrantless searches (search during exigent circumstances).  Clear dangers to life,  Clear dangers of escape,  Clear dangers of removal or destruction of evidence  Police officers “may enter a home without a warrant when they have an objectively reasonable basis for believing than an occupant is seriously injured or imminently threatened with such an injury.”

 THE EXCLUSIONARY RULE:  Weeks v. U.S. (1914) established the exclusionary rule.  Illegally seized evidence cannot be used in a trial.  This rule acts as a control over police behavior.  The decision was only binding to federal officers. Mapp v. Ohio (1961) extended the rule to the states.  The 14th Amendment due process applies to local  – police, not just federal officers.  Fruits of the Poisonous Tree – If the source of the evidence was tainted (the tree) than anything gained from it (the fruit) is as well.

Search incident to arrest – Chimel v. U.S. (1969) - Clarified the scope of a search incident to an arrest. Officers may search: The arrested person and the area under the arrested person’s “immediate control” Officers can search for following reasons: To protect themselves To prevent destruction of evidence To keep defendant from escaping

Good faith exception- When law enforcement officers have acted in good faith, the evidence they collect should be admissible even if later it is found that the warrant they used was invalid. Good Faith Exception to the Exclusionary Rule - U.S. Supreme Court held that the good faith exception applied to warrantless searches supported by state law even where the state statute was later found to violate Fourth Amendment rights. Good faith can be established if the police reasonably believe they are performing their jobs in accordance with the law. U.S. Supreme Court created the computer errors exception to the exclusionary rule. Police officers cannot be held responsible for a clerical error. The exclusionary rule was intended to deter police misconduct, not clerical mistakes made by court employees.

Plain View Doctrine – Harris v. US (1968) Objects falling in “plain view” of an officer, who has the right to be in the position to have the view, are subject to seizure and may be introduced as evidence. The Plain View Doctrine applies only to sightings by the police under legal circumstances. Officers cannot move objects to gain a view of evidence otherwise hidden from view. Officers cannot move or dislodge objects to create “plain view.”

Inevitable Discovery Exception - Nix v. Williams (1984) Evidence, even if it was otherwise gathered inappropriately, can be used in a court of law if it would have invariably turned up in the normal course of events.

Questions……Questions….. Take a few minutes now to read the scenario in Unit 4 and discuss the following questions: On what basis would the defendant’s attorney’s ask for evidence to be excluded? Should it be? What steps would you have taken (or done differently) than stated in the scenario?

In Unit 6 you also have a discussion board dealing with police/community partnership and the function of the police. You may also begin reading/researching for your Community Policing Project due in week 7. This is another 5 – 7 page paper. Be sure to read the requirements for the project!

Community Policing Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime.(doj.gov)

In Unit 7 – you have a discussion board regarding your community policing project. You will also need to submit your community policing project. Be sure to double check the requirements before you turn your project in.

When to Cite Whenever you are referring to an idea that is not uniquely your own, one that has been drawn from another source, you must “cite” that idea as someone else’s. The most common example is from a periodical or book: Community policing involves developing a relationship between citizens and the police department (Jones, 2005). You must cite the particular book each time you draw from it; not just the first time you use it in a text

If your citation refers to a specific page or pages, you should also include that in your citation: Community policing involves developing a relationship between citizens and the police department (Jones, 2005, p. 48). Important: if you directly quote a text, you must put the quote in quotation marks: “Community policing involves developing a relationship between citizens and the police department” according to one source (Jones, 2005, p. 48).

You must “credit” others for their work; APA will do this for you If this credit isn’t given, you might be committing plagiarism You must connect your citations to a link in the reference list (with the exception of personal interviews)

That’s it for tonight everyone!! Thanks for a great seminar! Our last seminar will be July 9 th at 8 pm Eastern Time. I hope you will join us. As always, if you have questions or concerns, please don’t’ hesitate to contact me. You can reach me at or on AIM at cherylahorwath. I am happy to assist you in having a successful term. See you on the boards! Cheryl