Transcript Law Chapter 12 - Somerset Academy

Do Now:
1. When can an officer stop and frisk a person?
Analyze the data on pg. 135 of your textbook.
2. What happens after charges are brought
against an individual?
HW check: Please have your Notes pg. 133- 140,
Problem 12.1 ready for checking.
Criminal Justice Process:
The
Investigation
Key Terms









Arrest
Arrest warrant
Probable cause
Drug courier profile
Corroborate
Reasonable suspicion
Stop and frisk
Exclusionary rule
Search warrant
 Bona fide
 Affidavit
 Consent
 Contraband
 Racial profiling
 Interrogate
 Self-incrimination
 Miranda warning
The Criminal Justice Process
• Includes everything that happens to a person
▫ From arrest through prosecution
▫ Conviction to release from the state
• Majority of crimes are investigated and are
adjudicated (judged)
ARREST
• Seizure under the Fourth Amendment – protects
citizens against “unreasonable searches &
seizures”
▫ Reasonable
• 2 ways a policy officer can arrest
1. Warrant – court order issued by a judge
2. Probable Cause – reasonable belief, with some
facts; not just suspicion or hunch
• Drug courier profile
▫ Provides a basis stop and question or establish
probably cause
Arrest
• Reasonable suspicion
▫ Stop and frisk - may pat-down person’s outer
clothing
• U.S. Supreme Court 1997
▫ Police can order passengers out of car when
making a lawful traffic stop
Steps to Take if Arrested
1.
2.
3.
4.
5.
6.
7.
Do not struggle with police
Give your name, address, ph. #
Keep quiet until you have spoken to lawyer
Do not discuss case with anyone
Do not sign any statements
Ask for written receipt if personal items taken
Call a trusted friend or family – tell where your are,
bail or bond
8. Upon release – unsecured bond or post cash bond
9. Find out court due date, do not be late or miss
10. Only discuss case with your lawyer
Assignment / Classwork:
• Groups of 2:
▫ Problem 12.2 and 12.3
Homework due 11/19:
• Continue Notes pg. 140-154
• Substitute will check your notes
• Will provide you with classwork – to be collected at
end of class
SEARCH AND SEIZURES
• Fourth Amendment
▫ Right to be free from “unreasonable searches and
seizures”
▫ Established conditions on the use of search
warrants
▫ Does not give citizens absolute right to privacy
▫ Does not prohibit all searches –only unreasonable
▫ Exceptions to the basic rules:
 Exclusionary rule – evidence found in search cannot
be used in trial in an unreasonable search
Searches With a Warrant
• Search Warrant – court order obtained from a
judge.
▫ Bona fide – need to search
▫ Affidavit must be filed – a sworn statement
▫ Must describe the person or place and particulars
to be seized
▫ Limited time – days, some states….daytime
▫ Police must ‘knock and announce’
▫ U.S. Supreme Court – has allowed ‘no-knock’
Search Without a Warrant
• Must be reasonable
▫ Search incident to a lawful arrest
 Grab area search
 Protect sweep
▫ Stop and Frisk
 Search is for weapons only
 Plain feel exception
▫ Consent
▫ Plain view – can seize the contraband
▫ Hot pursuit
▫ Vehicle searches –with probable cause
▫ Emergency situations
▫ Border and air searches
Public School Searches
• U.S. Supreme Court granted school authorities
broad discretion
• Reasonable suspicion
• Student lockers
• Drug-sniffing dogs
• Strip searches are not allowed and are
considered unreasonable
Suspicionless Searches
• Special circumstances to meet special needs
beyond the goals of routine law enforcement
▫ Fixed-point searches at or near borders to detect
illegal aliens
▫ Mandatory drug and alcohol test for railroad
employees
Racial Profiling in Police Investigations
• Inappropriate
• May use race as one factor among others
INTERROGATION AND CONFESSIONS
• After arrest, police question
• Fifth Amendment
▫ Provides citizens privilege again self-incrimination
▫ “Plead the Fifth”
• Sixth Amendment
▫ Right to an attorney
• Miranda rights before questioning
▫ Police may question - related to public safety before
reading the Miranda
▫ Failure to give Miranda warnings does not affect the
validity of an arrest
End of Chapter 12
Study for quiz next class
10 questions from Chp 12
5 questions from Chp 11