*Most cases are handled by state courts Analyze Figure 12.1 on page 127 to see an overview of the entire criminal justice process

 Arrest: When a person suspected of a crime is taken into custody  A judge can issue an arrest warrant if they find probable cause that the offense was committed and the accused committed it.  Probable Cause=reasonable belief  Reasonable Suspicion: less evidence than probable cause but more than a hunch  Ex: If an officer thinks someone is armed they may “Stop and Frisk” them.

 We weigh the individuals’ right to privacy vs. the government’s need to gather information  Exclusionary Rule: If a search is found to be unreasonable, the evidence found in the search cannot be used at the trial against the defendant

 A search warrant is a court order that includes…  The person or place to be searched  The things to be seized  Must be conducted within a certain number of days  Must be conducted only in the daytime  Police must “knock and announce” before entering a home

1. The search is part of an arrest. the police can search the suspect and the area immediately surrounding the suspect 2. “Stop and Frisk”: If an officer thinks someone is behaving suspiciously they can frisk the suspect for weapons or drugs. 3. Consent: When a person voluntarily agrees to a search 4. Plain View: if the object can be seen from where the officer is standing they do not need a warrant 5. Hot Pursuit: Police in pursuit of a suspect are not required to get a warrant before entering a building they have just seen the suspect go into. 6. Emergency Situations: When police have probable cause to believe that if they do not enter immediately evidence will be destroyed, the suspect will escape, or someone will be harmed. 7. Border and Airport Searches: Can search belongings of person entering the country, can search passengers in the airport

 New Jersey v. TLO: Students do not have a reasonable expectation of privacy at school and authorities are only required to have reasonable suspicion to search students

 Interrogate: to question suspects  The 5 th amendment guarantees no self incrimination: you have the right to remain silent  Think about WHY you might WANT to “remain silent” A confession is not admissible as evidence if it is not voluntary or trustworthy (no physical force, torture, etc.) or if the suspect as requested their attorney and has been denied the request

 Miranda v. Arizona: police are required to inform people taken into custody of their “Miranda” rights before questioning begins **FYI: if the police forget to read you your rights the case is not dismissed…they are only required to read you your rights if they want to use statements from the accused at the trial! 