ARREST, SEARCH & SEIZURE

Slides:



Advertisements
Similar presentations
SEARCH AND SEIZURE The 4 th. Disclaimer Mr Koepping is NOT an attorney. This discussion is for the purpose of explaining general constitutional principles.
Advertisements

The Fourth Amendment What Are Your Rights? Mr. Carr Social Studies.
Texas Code of Criminal Procedure. Terminal Objective Upon completion of this module, the participant will be knowledgeable about the sections of the Code.
Teaching American History: Moot Courts and Constitutional Concepts.
Criminal Procedure for the Criminal Justice Professional 11 th Edition John N. Ferdico Henry F. Fradella Christopher Totten Prepared by Tony Wolusky Criminal.
ARREST, SEARCH & SEIZURE
THEFT BURGLARY THEFT VIOLENT CRIME THEFT CAR THEFT THEFT BURGLARY THEFT.
Law enforcement officers conduct searches every day in an effort to find evidence that can be seized and used in court to prosecute people who have violated.
Intermediate USE of FORCE
POLICE LAW & SOCIETY What are the distinct characteristics of police in U.S. society? Police play multiple roles Law prescribes parameters of police practice.
Legal Aspects of Criminal Investigation: Arrest, Search and Seizure
INTRODUCTION TO THE LAW OF EVIDENCE
Intermediate USE of FORCE
BCCO PCT #4 PowerPoint AND ARREST, SEARCH & SEIZURE TCOLE Course #2108 UNIT FOUR.
Search & Seizure Stephanow th Amendment. CRIMINAL JUSTICE PROCESS in TEXAS =3952&TEMPLATE=/ContentManagement/ContentDisplay.cfm.
BCCO PCT #4 PowerPoint Texas Commission On Law Enforcement ADVANCED INSTRUCTOR COURSE # 1017 Hosted by Constable Robert M. BLOUNT PCT #4.
BCCO PCT #4 PowerPoint AND COURSE TITLE TCOLE Course # UNIT ONE.
BCCO PCT #4 PowerPoint AND COURSE TITLE TCOLE Course # UNIT TWO.
Introduction to Constitutional Law Unit 4. CJ140-02A – Introduction to Constitutional Law Unit 4: The Fourth Amendment CJ140-02A– Class 4 Part 1.
BCCO PCT #4 PowerPoint AND Intermediate USE of FORCE TCOLE Course # 2107 UNIT FIVE.
Chapter Seven – Searches and Seizures and the Right to Privacy Rolando V. del Carmen.
Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved.
Psychology of Homicide Unit II
Criminal Procedure Chapter 6. Copyright © 2007 Thomson Delmar Learning Objectives Define arrest, and explain the authority of a firefighter to make an.
Chapter 2 Legal Aspects of Investigation © 2009 McGraw-Hill Higher Education. All rights reserved. LEARNING OBJECTIVES Explain the historical evolution.
DO NOW – Friday, December 6 What do you think “unreasonable” means? A man is seen walking into an apartment with a grey duffel bag. He is then seen coming.
Search and Seizure. I) Search and Seizure A) The 4 th amendment outlines the rules governing search and seizure.
The Bill of Rights The First Fundamental Changes of the Constitution.
Amendments in Action Search and Seizure. The 4 th Amendment “The right of the people to be secure in their persons, houses, papers, and effects, against.
THE 4 TH AMENDMENT The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.
The Fourth Amendment and the Home By Laura Zajac.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated;
Instructions for using this template. Remember that where I have written “Answer” is the prompt the students will see, and where I have “Question” should.
Ann Marie Perez Professor CRIMINAL PROCEDURE WEEK 1 - UNIT 1.
THEFT BURGLARY THEFT VIOLENT CRIME THEFT CAR THEFT THEFT BURGLARY THEFT.
 Understanding the Texas Criminal Legal System. Definitions  Your individually responsible for looking up definitions of words, that I have put in red.
EMLYN A. RICKETTS, ESQ. Criminal Procedure: The Investigative Phase.
FOURTH AMENDMENT Search and Seizure. Fourth Amendment “ The right of the people to be secure in their persons, houses, papers and effects, against unreasonable.
Legal Studies * Mr. Marinello ARRESTS AND WARRANTS.
BCCO PCT #4 PowerPoint AND COURSE TITLE TCOLE Course # UNIT ONE.
Chapter 12: Criminal Justice Process ~ The Investigation Objective: Student should be able to correlate how the constitution relates to an investigation.
Fourth Amendment And Probable Cause. By the end of this presentation you should be able to understand; ◦Fourth Amendment of the U.S. Constitution ◦How.
The Bill of Rights and the Criminal Trial Process.
4TH AMENDMENT  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall.
Criminal Justice Process: The Investigation The criminal justice process includes everything that happens to a person from the moment of arrest, through.
Criminal Investigation: Laws of Arrest, Search and Seizure Chapter 12 Law and Government.
CRIMINAL JUSTICE PROCESS: THE INVESTIGATION Chapter 12.
Arrest and Detainment How do you know you’ve been arrested?
© 2014 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Class Name, Instructor Name Date, Semester Lasley & Guskos,
The Bill of Rights and Search and Seizure. The students will be able to: 1. Discuss the amendments involved from the Bill of Rights that pertain to obtaining.
1 Book Cover Here Copyright © 2013, Elsevier Inc. All Rights Reserved Chapter 3 Arrests Criminal Justice Procedure 8 th Edition.
CHILD SAFETY CHECK ALERT LIST
Limiting the Right of Search
Evidence Collection at the Crime Scene and Constitutional Law
Amendments in Action Search and Seizure.
Criminal Investigation and the Law
The Fourth Amendment and the Home
Understanding Law: Mr Thompson, APT Academy
Amendments in Action Search and Seizure.
Fourth Amendment And Probable Cause.
Search and Seizure Concepts
CHAPTER 1 1/15/2019 BHS Law Related Education Program Criminal Justice
Bell Work (Think of your response and be prepared to share)
Bill of Rights Do Now: Paraphrase the Fourth Amendment to the Constitution. Rewrite it into your own words without leaving out any information. You can.
Class Name, Instructor Name
Warrant Searches Or, I Got 99 Problems But My Search Ain’t One
Search & Seizure The act of taking possession of this property.
Search & Seizure in Schools:
Arrest.
Presentation transcript:

ARREST, SEARCH & SEIZURE TCOLE Course #2108 AND UNIT ONE BCCO PCT #4 PowerPoint BCCO PCT #4 PowerPoint

ADMINISTRATIVE Please complete the BCCO PCT #4 Registration form and turn it in now. Make sure you sign TCOLE Report of Training (PID#, Full Name and DOB). All cell phones off please – pay attention to course materials and show common respect & courtesy.

About Your Instructor Course Facilitator - Mentor George D. Little A.S. & B.S. Criminal Justice & Sociology B.S.CJ Wayland Baptist University, San Antonio M.S. Criminology & Counter-Terrorism University of the State of New York 2012 T.C.L.E.O.S.E. Professional Achievement Award Certified Crime Prevention Specialist (C.C.P.S.) TCLEOSE Basic Instructor Certificate 1984 TCLEOSE Master Peace Officer 1991 MP Special Operations Operator Counter-Terrorism 1988 Graduate Drug Enforcement Administration Academy 1977 43- years Law Enforcement Experience 40-Years Teaching & Instructor Experience

COURSE/LESSON OVERVIEW The Intermediate Arrest, Search, and Seizure Course is designed to provide additional information on this subject area. This course is one of the seven required for Intermediate certification.

Learning Objectives Learning Objective 1.1 participant will be able to summarize the Fourth Amendment to the U.S. Constitution. Learning Objective 1.2 : The participant will be able to identify where the requirements for probable cause to arrest and search are contained. Learning Objective 1.3 :The participant will be able to define probable cause to arrest. Learning Objective 1.4 : The Participant will be able to identify valid indicators that serve as building blocks of probable cause. Learning Objective 1.5 : The Participant will be able to define suspicion, identify examples of suspicious circumstances, and identify appropriate responses. Learning Objective 1.6 : The Participant will be able to define temporary detention and the elements required for lawful temporary detention. Learning Objective 1.7 : The Participant will be able to identify circumstances when an officer has the authority to conduct a frisk. Learning Objective 1.8 : The Participant will be able to list elements necessary to constitute a lawful arrest. Learning Objective 1.9 : The Participant will be able to define when a person is under arrest, in constructive custody, and under restraint. Learning Objective 1.10 : The Participant will recognize that once an arrest, search, or detention has been made, the information being gathered to establish probable cause or the articulable reasonable suspicion to justify the officer's initial action cannot be added to. Learning Objective 1.11 : The Participant will be able to identify the amount of information necessary to make an arrest based upon information communicated from another officer. Learning Objective 1.12 : The Participant will recognize that obtaining an arrest warrant is the best course of action except when an emergency exists. Learning Objective 1.13 : The Participant will observe a scenario in the classroom, on film, and/or on video tape or read a scenario in the class and write a complaint that is sufficiently complete to allow a magistrate to issue an arrest warrant. Learning Objective 2.0 : The Participant will be able to write a report that adequately documents and justifies a warrantless search. The participant will be able to demonstrate on a written examination an understanding of this area to a specified percentage. Learning Objective 2.1 : The Participant will be able to identify situations in which exceptions to obtaining a search warrant exist for conducting limited searches. Learning Objective 2.2 : The Participant will be able to identify situations in which a search warrant is not necessary to obtain evidence because there is no expectation of privacy. Learning Objective 2.3 : The Participant will be able to identify when evidence may be seized during an inventory. Learning Objective 2.4 : The Participant Given a scenario in the classroom, on film, and/or videotape concerning a search and seizure case without warrant, the student will be able to write a report that documents the officer's actions in a way that justifies the warrantless search and seizure. Learning Objective 3.0 : The Participant will be able to identify advantages of search warrants, preparation of proper cause affidavit. The participant will be able to write an acceptable probable cause affidavit. The student will be able to demonstrate on a written examination an understanding of this area to a specified percentage. Learning Objective 3.1 : The Participant will be able to identify advantages of obtaining a search warrant. Learning Objective 3.2 : The Participant will be able to identify three major components of search warrant documentation. Learning Objective 3.3 : The Participant will be able to identify essential components of an affidavit for the issuance of a search warrant. Learning Objective 3.4 : The Participant Given a scenario in the classroom, on film and/or videotape which may include written material and reports, the student will be able to write an acceptable probable cause affidavit for a search warrant. Learning Objective 4.0 : The Participant in this section will cover the uniqueness of the pretrial suppression hearing and possible civil liability for improper arrests, searches, and seizures. Learning Objective 4.1 : The Participant will be able to identify the unique elements of a pretrial suppression of evidence hearing as it relates to officer testimony. Learning Objective 4.2 : The Participant will be able to identify the possibility of personal and/or agency liability for improper arrest, search and seizure actions. Learning Objective 5.0 : The Participant in this section will cover juvenile justice procedures. Learning Objective 5.1 : The Participant will be able to identify the kinds of juvenile offenses and how to deal with offenders. Learning Objective 5.2 : The Participant will be able to identify the issues in making law enforcement contacts at a school. Learning Objective 5.3 : The Participant will be able to identify the issues in identifying and making law enforcement contacts with juveniles engaged in organized crime activity. (See Chapter 71, Penal Code, and Chapter 61, Code of Criminal Procedure.)

1.0 Probable Cause, Detention & Arrest This section will cover probable cause, detention, and arrest. The participant will choose a proper course of action when presented with fact situations to determine reasonable suspicion for detention or probable cause for arrest. The participant will be able to write an acceptable complaint for issuance of an arrest warrant.

1.1 Fourth Amendment to the U.S. Constitution 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.

1.1 Article 1.06 Texas Code of Criminal Procedures Art. 1.06. SEARCHES AND SEIZURES. The people shall be secure in their persons, houses, papers and possessions from all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing shall issue without describing them as near as may be, nor without probable cause supported by oath or affirmation.

1.1 Article 1, Section 9 Texas Constitution The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

SOURCES All Course Sources and/or Resources are listed in your Participant Handout

Questions?

“POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive” “Knowledge is “POWER” Stay informed, stay SAFE, stay Vigilant & stay Alive”

TAKE A 15-MINUTE BREAK

COURSE & INSTRUCTOR EVALUATION Form Please complete a course and instructor evaluation form. If you rate 2 or below you must justify on reverse side. Constructive Criticism helps all, being negative helps no one.

Exam Graduation THANK YOU & STAY SAFE