The Investigation

 Right to remain silent  Right to an attorney  No interrogation should take place before they read  Are a result of the US Supreme Court case Miranda v. Arizona

 Statements given before Miranda Rights inadmissible due to the exclusionary rule  Statements given before a defendant is read his Miranda Rights are admissible if the defendant repeats them after the warnings are given.  Failure to read them does not affect the validity of an arrest

 There is a public safety exception clause ◦ Ex. If the police suspect someone has a bomb and they ask them where they are and he/she tells them. Statements are allowed in court

 Can be freed at many points throughout the CJ process

 Provides the defendant with the right to remain silent

 The judge issues a search warrant  The police carry out the search  The judge decides if the evidence was legally obtained  The prosecutor brings the charges against the defendant

 Prohibits use of illegally seized evidence in court  The exclusionary rule is designed to punish police.

 A court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to for and seize items related to a crime.  In an emergency situation, they are not required.

 Is the reasonable belief that a person has committed a crime

 Evidence that justifies an officer in stopping and questioning someone believed to be involved in criminal activity. Less evidence than probable cause.  Includes searching a bookbag at school

 Is a sworn statement of facts and circumstances

 To take a person suspected of crime into custody

 A court-ordered document authorizing the police to arrest an individual on a specific charge  Not required in every arrest

 Using commonly held notions of what typical drug couriers look like in order to be able to question a person without establishing individual suspicion.

 The inappropriate use of race as a factor in identifying people who may break or who may have broken the law.

 To confirm information

 To “pat down” or search the outer clothing of someone

 Rule that generally prohibits the use of illegally obtained evidence. (4 th,5 th, and 6 th amend.)

 Any items that are illegal to possess

 To question a witness or suspected criminal

 Giving evidence and answering questions that would tend to subject one to criminal prosecution.

 There isn’t an explicit right to privacy in the US, however the Bill of Rights was created to protect certain aspects of privacy. (Beliefs, unreasonable searches, self incrimination, etc)  Includes invasions by private individuals

 Deadly force can be used when he or she attempts to escape and/or presents a significant threat of death or serious bodily harm to the officer or others.  Probable cause doesn’t cover searches conducted by parents.  Miranda warning is not a seizure under the fourth amendment but an arrest is.