Chapter 7 Police and the Constitution: The Rules of Law Enforcement

CJ

© 2011 Cengage Learning

Chapter 7Chapter 7

Police and the Police and the Constitution: Constitution:

The Rules of Law The Rules of Law EnforcementEnforcement


Learning Outcomes

LO1:Outline the four major sources that may provide probable causes.

LO2:Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.

LO3:List the four elements that must be present for an arrest to take place.

LO4:Explain when searches can be made without a warrant.

LO5:Indicate situations in which a Miranda warning is unnecessary.

1LO


Outline the four major sources that may provide

probable cause.


Learning Outcome 1

The Fourth Amendment contains two critical legal concepts:

• Unreasonable searches and seizures

• The requirement of probable cause to issue a warrant



Learning Outcome 1Reasonableness

• No specific meaning for “reasonableness” exists.


Learning Outcome 1Sources of Probable Cause:• Personal observation• Information• Evidence • Association


Learning Outcome 1

The Probable Cause Framework

• Probable cause provides a framework that limits the situations in which police offices can make arrests.

• Once an arrest is made, the arresting officer must prove to a judge that probable cause existed.


Learning Outcome 1

The Exclusionary Rule:• Prohibits the use of illegally obtained

evidence

The Fruit of the Poisoned Tree:• Evidence obtained through illegally

obtained evidence is also inadmissible


Learning Outcome 2• Terry v. Ohio (1968)

– Sets precedent for reasonable suspicion in stop-and-frisk situations.

• The “totality of the circumstances”


Learning Outcome 2

A stop is the brief detention of a person by the police for questioning. A stop requires reasonable suspicion.

A frisk is a pat-down or minimal search by police to discover weapons. It is conducted for the protection of the officer.


Learning Outcome 2

The elements of arrest: • The intent to arrest• The authority to arrest• Seizure or detention• The understanding of a person that

they have been arrested


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3LO


List the four elements that must be present for an arrest to take place.


Mastering Concepts

The Difference between a Stop and an Arrest


Learning Outcome 3

Arrests with a warrant:• Officers are required to knock,

announce their identity and their purpose. – Wilson v. Arkansas (1967)– Hudson v. Michigan (2006)


Learning Outcome 3

Arrests with a warrant:• Under certain exigent circumstances

officers do not need to announce themselves:– The suspect is armed and poses a threat of

violence. – Evidence is being destroyed.– A felony is in progress.


Learning Outcome 3

Arrests with a warrant:• The Waiting Period - Hudson v.

Michigan (2006)– Police are required to wait a

reasonable amount of time after knocking and announcing.


Learning Outcome 3

Arrests without a warrant: The arrest is committed in the presence

of the officer. The officer has knowledge a crime was

committed and probable cause to believe the crime was committed by a particular person.


Learning Outcome 3

The role of privacy in searches:• Search

– A governmental intrusion on a citizen’s reasonable expectation of privacy.

• Katz v. United States (1967)– Established “reasonable

expectation of privacy.”


Learning Outcome 3The role of privacy in searches:• Two-pronged test for person’s

expectations of privacy:– The individual must prove that he or

she expected privacy. – Society must recognize that

expectation as reasonable.


Learning Outcome 3

A Legitimate Privacy Interest• California v. Greenwood (1988)

– Suspect does not have expectation of privacy when it comes to garbage bags.


Learning Outcome 3

Search warrants must demonstrate:– Information showing probable cause

that a crime has been or will be committed.

– Specific information on the premises to be searched, the suspects to be found and the illegal activities taking place at those premises, and the items to be seized.



Learning Outcome 3

Four categories of items that can be seized by use of a search warrant:– Items resulting from the crime, such as

stolen goods– Items that are inherently illegal for

anyone to possess– Items that can be called “evidence” of

the crime– Items used in committing the crime

4LO


Explain when searches can be made without a

warrant.


Learning Outcome 4

• Searches incidental to arrest – United States v. Robinson (1973)

• The need for a police office to find and confiscate any weapons a suspect may be carrying.

• The need to protect any evidence on the suspect’s person from being destroyed.

– Chimel v. California (1969)• Sets limits on warrantless searches made during an

arrest.


Learning Outcome 4Searches with consent• Factors for considering whether consent

is voluntary:– The age, intelligence, and physical

condition of the consenting suspects. – Any coercive behavior by the police,

such as the language used to request consent.

– The length of the questioning and its location.


Learning Outcome 4• Searches of automobiles

– Carroll v. United States (1925)• Law distinguishes among automobiles, homes,

and persons in questions involving police searches.

– According to Supreme Court, police do not need warrant to search automobiles or other movable vehicles.


Learning Outcome 4• Searches of automobiles

– Whren v. United States (1996)• “True” motivation of officers in making traffic

stops is irrelevant if they had probable cause.

– Maryland v. Wilson (1997)• Officers can order drivers and passengers out

of a car during a traffic stop.


Learning Outcome 4• Containers within a vehicle

– Supreme court has given police lots of leeway for warrantless searches of containers within a vehicle.


Learning Outcome 4

• Plain view doctrine– Coolidge v. New Hampshire (1971)

• The item is positioned in the officer’s view• The officer is legally in a position to notice

the item• The discovery of the item is inadvertent• The officer immediately recognizes the

illegal nature of the item


Learning Outcome 4Electronic surveillance can only

be used:• If consent is given by one of

the parties• Or there is a warrant

authorizing the activity


Learning Outcome 4For a warrant for electronic

surveillance to be valid, it must:– Detail with particularity the

conversations that are to be overheard

– Name the suspects and the places that will be under surveillance

– Show with probable cause that a specific crime has been or will be committed


Learning Outcome 4Video and Digital Surveillance• Closed-circuit television cameras

(CCTV)• Criticisms - Easily abused to invade

privacy

5LO


Indicate situations in which a Miranda warning

is unnecessary.


Learning Outcome 5

You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law.

You have the right to speak with an attorney and to have the attorney present during

questioning. If you so desire and cannot afford one, an attorney will be appointed for

you without charge before questioning.


Learning Outcome 5

The legal basis for Miranda:– The Fifth Amendment protection

against self-incrimination.– Miranda v. Arizona (1966)

• Inherent coercion – even if a police office does not lay a hand on the suspect, the general atmosphere of an interrogation is coercive.


Learning Outcome 5Miranda warning is required:• When a suspect is under custody

• Custodial interrogation:– When a suspect is under arrest or

deprived of freedom in a significant manner


Learning Outcome 5Miranda is not required:• When police do not ask suspect

questions that are testimonial in nature

• When the police have not focused on a suspect and are questioning witnesses at the scene

• When a person volunteers information before being asked


Learning Outcome 5

Miranda is not required:• When the suspect has given a

private statement to a friend or acquaintance

• During a stop and frisk when no arrest has been made

• During a traffic stop


Learning Outcome 5

Waivers of Miranda must be knowing andvoluntary.

To be clear, officers should ask:• Do you understand your rights as I have

read them to you?• Knowing these rights, are you willing to

another law enforcement officer or to me?

Documents

Chapter 7 Police and the Constitution: The Rules of Law Enforcement