1. The Investigation Phase Criminal Law and Procedure

2. An arrest takes place when a person is suspected of crime and taken into custody

3. An arrest is considered seizure, must be in accordance with 4 th amendment An arrest is considered seizure, must be in accordance with 4 th amendment

4. An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment An arrest is considered seizure, must be in accordance with 4 th amendment  Typically, an arrest warrant is needed to arrest a person

5. An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment An arrest is considered seizure, must be in accordance with 4 th amendment  Typically, an arrest warrant is needed to arrest a person  W/o a warrant, there must be probable cause

6. An arrest takes place when a person is suspected of crime and taken into custody An arrest is considered seizure, must be in accordance with 4 th amendment An arrest is considered seizure, must be in accordance with 4 th amendment  Typically, an arrest warrant is needed to arrest a person  W/o a warrant, there must be probable cause  Drug Courier Profile- allows police to stop and question individuals that fit the profile of a drug courier

7. In making an arrest, an officer may use as much force as is reasonably necessary to make the arrest

8. Deadly force is limited to incidents involving dangerous and/or threatening subjects Deadly force is limited to incidents involving dangerous and/or threatening subjects

9. In making an arrest, an officer may use as much force as is reasonably necessary to make the arrest Deadly force is limited to incidents involving dangerous and/or threatening subjects Deadly force is limited to incidents involving dangerous and/or threatening subjects Supreme Court ruled that: Supreme Court ruled that:

10. “deadly force may not be used unless it is necessary to prevent the escape, and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical harm to the officer or others

11. Interrogations and Confessions

12. It is standard following an arrest for the police to interrogate a suspect It is standard following an arrest for the police to interrogate a suspect

13. Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspects constitutional rights Balanced against this is the suspects constitutional rights

14. Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspects constitutional rights Balanced against this is the suspects constitutional rights  The 5 th amendment provides citizens the right against self- incrimination

15. Interrogations and Confessions It is standard following an arrest for the police to interrogate a suspect It is standard following an arrest for the police to interrogate a suspect Balanced against this is the suspect’s constitutional rights Balanced against this is the suspect’s constitutional rights  The 5 th amendment provides citizens the right against self-incrimination  Self-incrimination- giving evidence that would subject oneself to criminal procedures

16. 6 th amendment, assistance of an attorney 6 th amendment, assistance of an attorney

17. Miranda v. Arizona and Gideon v. Wainwright Miranda v. Arizona and Gideon v. Wainwright

18. Case Law Criminal Law and Procedure

19. Gideon v. Wainwright (1963) Clarence Gideon was arrested and tried for murder in state court in Florida Clarence Gideon was arrested and tried for murder in state court in Florida  Gideon was homeless and had no $  Gideon did not face the death penalty, and therefore did not have the right to a court appointed attorney  Some say he was railroaded on his way to being found guilty

20. Gideon v. Wainwright (1963) In a 9-0 decision, the Supreme Court threw out the guilty decision and ordered a retrial In a 9-0 decision, the Supreme Court threw out the guilty decision and ordered a retrial  The SC ruled that all defendants facing felony charges had the right to an attorney  In the retrial, the jury found Gideon innocent Lasting Importance: Anyone charged with a serious crime and unable to afford an attorney will get an attorney Lasting Importance: Anyone charged with a serious crime and unable to afford an attorney will get an attorney

21. Miranda v. Arizona (1966) Ernesto Miranda had a long history of criminal behavior Ernesto Miranda had a long history of criminal behavior  When his description met that of a rape suspect, he was brought in for a line-up  The victim said Miranda looked “most like” her attacker  The police took Miranda in for questioning

22. Miranda v. Arizona (1966) The police told Miranda that the victim identified him The police told Miranda that the victim identified him  They asked him to make a written statement  Two hours later he signed the statement (with out force)  The statement even included a section that stated that Miranda knew his rights  Miranda received a court attorney who sought to challenge the written statement

23. Miranda v. Arizona (1966) Miranda’s attorney (Moore) did not feel that he knew his rights Miranda’s attorney (Moore) did not feel that he knew his rights  In cross examination, the officer admitted that it was not practice to advise people the right of an attorney  Moore wanted the confession thrown out, but the judged refused, and Miranda was found guilty

24. Miranda v. Arizona (1966) In a 5-4 decision, the SC established guidelines about police interrogations and accused’s rights In a 5-4 decision, the SC established guidelines about police interrogations and accused’s rights  “Prior to questioning, the person must be warned that he has the right to remain silent, that any statement he does make may be used as evidence against him, and that he has the right to an attorney…”

25. Miranda v. Arizona (1966) Miranda was set free, without the confession there was no case Miranda was set free, without the confession there was no case  However, in a civil case for child custody, Miranda’s common-law wife shared the Miranda has admitted to the rape and he was convicted and sentenced to 20 years  He was released 4 years later and stabbed to death in a bar fight