Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Policing: Legal Aspects 7

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Bill of Rights The popular name given to the first ten amendments to the U.S. Constitution, which are considered especially important in the processing of criminal defendants  Landmark, precedent-setting decisions

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved 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

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Fourth Amendment Law enforcement  Searches  Seizures  Stop and frisk  Arrests

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Search and Seizure Exclusionary rule  Weeks v. U.S. Fruit of the poisonous tree doctrine  Silverthorne Lumber Co. v. U.S. Protection of people, not places  U.S. v. Rabinowitz

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Search and Seizure The exclusionary rule and state law enforcement  Mapp v. Ohio Immediate control  Chimel v. California Good faith exception to the exclusionary rule  U.S. v. Leon

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Search and Seizure Plain view doctrine  Ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects  Harris v. U.S.  U.S. v. Irizarry  Arizona v. Hicks  Horton v. California

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Warrant Three elements: 1.Neutral magistrate 2.Probable cause 3.Particularity

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Exceptions to the Warrant Requirement Searches incident to arrest Consent searches Exigent circumstances searches  Emergency searches Vehicle  Fleeing-target exception  Road blocks

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Stop and Frisk Reasonable suspicion  A general and reasonable belief that a crime is in progress or has occurred Probable cause  A reasonable belief that a particular person has committed a specific crime Encompasses two distinct behaviors 1.Stops are seizures 2.Frisks are searches

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Civil Liability Issues Civil remedies Criminal remedies Non-judicial remedies Exclusionary remedies

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Arrest The act of taking an adult or juvenile into physical custody, by authority of law, for the purpose of charging the person with a criminal offense, delinquent act, or a status offense, terminating with the recording of a specific offense  U.S. v. Mendenhall

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Arrest U.S. v. Robinson U.S. v. Sokolow Minnesota v. Dickerson

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Police Interrogations Police have authority to interrogate a person after arrest  Informants Aguilar v. Texas: two-pronged standard Interrogation  Inherent coercion  Psychological manipulation

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Miranda v. Arizona “The entire aura and atmosphere of police interrogation without the notification of rights and an offer of assistance of counsel tends to subjugate the individual to the will of his examiner.”

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Miranda v. Arizona “Unless and until such warnings and waiver are demonstrated by prosecution at trial, no evidence obtained as a result of interrogation can be used against him.”

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Miranda Warning The suspect must be warned prior to any questioning that he or she has the right to remain silent Any statements made by the person can be used in a court of law The suspect has the right to the presence of attorney If the person cannot afford an attorney, one will be appointed prior to any questioning

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Miranda Warning Opportunity to exercise these rights must be afforded to the suspect throughout the interrogation After such warnings have been given, a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Waiver of Miranda Rights Knowing waiver  Suspect’s native language  Understand the advisement Intelligent waiver  Understand the consequences of not invoking rights

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Public Safety Exception to Miranda Created in 1984, New York v. Quarles Considerations of public safety override the Miranda requirement in order to prevent further harm Used in 2013 in questioning the Boston Marathon Bomber, Dzhokhar Tsarnaev

Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Data Gathering USA PATRIOT Act of 2001 Body cavity searches Electronic eavesdropping Electronic evidence Latent evidence Digital criminal forensics