Chapter 5

SOC 3880 – Criminal Justice

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Criminal Justice

CHAPTER 5CRIMINAL

PROCEDURE AND THE POLICE

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© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


5.1

Summarize the Miranda decision.

Describe racial profiling.

Summarize the legal aspects of police interrogations.

5.2

5.3

5.4

Summarize the legal restraints placed on police and the

procedures police must follow for searches, seizures, and arrests.

5.5Summarize the civil, criminal, and non-judicial

remediesavailable to individuals who believe their rights have

been violated.

Define terms related to police procedure.5.6

CHAPTER OBJECTIVES



Summarize the legal restraints placed on police and the procedures police must follow for searches, seizures, and arrests.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

5.1

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved4

5.1

4th Amendment


Neutral Magistrat

e

Probable Cause

Particularity

5.1

5


Searches Incident to

ArrestConsent Searches

Exigent Circumstances Searches

or Emergency Searches

Vehicle Searches

Exceptions

5.1

6


5.1

Good Faith Exception to

the Exclusionary

Rule

Immediate Control

Exclusionary Rule and State Law

Enforcement

Protection of People, Not

Places

Fruit of the Poisoned Tree

U.S. v. Leon (1984)

Chimel v. California

(1969)

Mapp v. Ohio (1961)

U.S. v. Rabinowit

z (1950)

Silverthorne

Lumber Co. v. U.S.

(1920)

Weeks v. U.S. (1914)

Search and Seizure

The Exclusionary

Rule

7


5.1Search and Seizure

Horton v.

California

(1990)

Arizona v. Hicks (1987)

U.S. v. Irizarry (1982)

Harris v. U.S. (1968)

Plain View Doctrine

8


5.1

Stop and Frisk

6641519

9


Arrest

5.1

5169903

10


5.1

Minnesota v. Dickerson

(1993)

U.S. v. Sokolow

(1989)

U.S. v. Robinson

(1973)

11



Summarize the Miranda decision.


5.2


5.2

Miranda v. Arizona (1966)

13


5.2

Miranda v. Arizona (1966) Ruling

"The entire aura and atmosphere of police interrogation without the notification of rights and an offer of assistance of counsel tends to subjugate the individual to the will of his examiner."

"Must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney, one will be appointed for him prior to any questioning if he so desires."

“Unless and until such warnings and waiver are demonstrated by prosecution at trial, no evidence obtained as a result of interrogation can be used against him.”

14


5.2Miranda Warning

The suspect must be warned prior to any questioning that he or she has the right to remain silent.Any statements made by the person can be used in a court of law.The suspect has the right to the presence of an attorney.If the person cannot afford an attorney, one will be appointed prior to any questioning.Opportunity to exorcise these rights must be afforded to the suspect throughout the interrogation. After such warnings have been given, a person may knowingly and intelligently waive these rights and agree to answer questions or make a statement.

15


5.2

Voluntariness16


5.2

Knowing Intelligent

Waiver of

Miranda

17



Describe racial profiling.


5.3


5.3

Pre-9/11 Post-9/11

Racial Profiling

19



Summarize the legal aspects of police interrogations.


5.4


5.4

Police Interrogations

21



5.4



Summarize the civil, criminal, and non-judicial remedies available to individuals who believe their rights have been violated.


5.5


5.5

Exclusionary Rule Remedies

Non-Judicial

RemediesCriminal

RemediesCivil

Remedies

24



Define terms related to police procedure.


5.6



5.1

A frisk is a patting down of an individual's outer clothing on the basis of a reasonable suspicion, whereas a search is an

exploratory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed. The exclusionary rule holds that

illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police

conduct a search on the basis of a warrant that is later found to be defective. Searches may be conducted without

a warrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involve evidence in plain view, automobiles and their contents, or open fields

and abandoned property.

5.2To ensure protection against self-incrimination, suspects

taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to

have an attorney present during questioning.

5.3 See Figures 5A and 5B on page 180.

CHAPTER SUMMARY



5.4The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in

which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.

The consequences of police conduct on both civil and criminal liability can be significant. Police officers and their departments are increasingly being sued for damages. Police are especially susceptible to lawsuits because of their authority over the liberty of others and their ability to use force to ensure compliance with the law under certain circumstances. Most lawsuits against police involve claims of false arrest, negligence, or excessive use of force. The U.S. Supreme Court has held that a police officer can be sued for false arrest or false imprisonment "when a reasonably well-trained officer, under the same circumstances" would have known that probable cause did not exist for the arrest. This liability holds even if the officer has a warrant signed by a judge, because the judge's incompetence in not recognizing the lack of probable cause cannot excuse the officer's conduct.

5.5

5.6 See Key Terms on page 184.

CHAPTER SUMMARY