Chapter 12: The Criminal Justice Process-The Investigation

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Chapter 12 The Criminal Justice Process-The
Investigation
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• Most cases are handled by state courts

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Arrest

• Arrest When a person suspected of a crime is
  taken into custody
• Arrest warrant v. probable cause
• A judge can issue an arrest warrant if they find
  probable cause that the offense was committed and
  the accused committed it.
• Probable Causereasonable belief

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Arrest

• 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. Most arrests occur
  when people dont realize itpulling someone over
  for a traffic stop because the person is not free
  to leave.

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• A police officer may use as much physical force
  as necessary to make an arrest.
• Needs to prove they used the MINIMUM FORCE
  REQUIRED

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Search and Seizure

• Individuals right to privacy v. the governments
  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

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Searches with a Warrant

• Before the search Police must present a judge
  with an affidavit-a sworn statement of facts and
  circumstances
• A search warrant is a court order that includes
• Bona fide(genuine) need
• 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

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Searches without a Warrant

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

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Searches without a Warrant

• 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.

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Searches without a Warrant

• 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

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Public School Searches

• 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

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Suspicionless Searches

• Point searches along the border for illegal
  immigrants and drugs
• Mandatory Drug and Alcohol testing for some
  employees

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Racial Profiling

• Racial Profiling the inappropriate use of race
  as a factor in identifying people who may break
  or have broken the law

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Interrogations and Confessions

• Interrogate to question suspects
• The 5th amendment guarantees no self
  incrimination/you have the right to remain silent

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• A confession is not admissible as evidence if it
  is not voluntary or trustworthy (no physical
  force, torture, etc.) or if the suspect has
  requested their attorney and has been denied the
  request

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Miranda v. Arizona

• 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 dismissedthey are only
  required to read you your rights if they want to
  use statements from the accused at the trial!

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Interrogations

• Custodial interrogation before warnings must be
  givennot free to leave