Kaplan University CJ227 CRIMINAL PROCEDURE Greetings Everyone! Welcome to CJ227 Unit TWO Seminar.

Kaplan UniversityKaplan University CJ227 CJ227

CRIMINAL PROCEDURECRIMINAL PROCEDUREGreetings Everyone!

Welcome to CJ227 Unit Welcome to CJ227 Unit TWOTWO SeminarSeminar

Seminar SubjectsSeminar Subjects

In this Seminar we will discuss: Police Encounters with Individuals Justification Custody & Arrest Considerations

So, get comfortable people – we NEED about (40) hours to adequately address these topics, but only have 50 minutes!

But FIRST: Review Unit 1 ~ Look to Unit 2

U.2 Class ItemsU.2 Class Items

What do I have to do to complete this unit?

• Read Chapters 3 and 4 • Analysis & Application Paper (80 pts)

(READ Directions – FOLLOW Directions)

• Seminar (20 pts)• Discussion Board  (20 pts) • Quiz (10 pts)

Written AssignmentsWritten Assignments

Comments about U.2 Written assignment (1st of 4)

Analysis & Application Paper Read Directions – Follow Directions Outside research REQUIRED Adhere to APA guidelines

Follow your U2 A & A Checklist

Analysis & Application ChecklistAnalysis & Application ChecklistCriteria: Ask yourself the following questions.• Purpose for Writing

Did you address all areas of the paper? Clear Purpose?State Major Topics clearly?

• ResearchCurrent?Use Credible Sources?Responses Substantive?

• ContentAccurate?Comprehensive enough to address the topic?

• FormatPaper in Word?APA format to cite your sources correct?Check Spelling?Check Grammatical errors?Follow paper length directions?

Police EncountersPolice Encounters

• Consensual encounters• Detentions• Arrests

Authority of Law EnforcementAuthority of Law Enforcement

• LEO - private person arrest anywhere.• LEO must be in his/her officer’s

jurisdiction.• Jurisdiction determined by legislative

enactments.

•City LE (police)•County LE (sheriff)•State LE (troopers)•Federal LE (agents)

Temporary DetentionTemporary Detention• Terry v. Ohio

Intrusion is minimal – less than arrestJustification: Reasonable suspicion

- Based on specific facts that can be articulated to a court. - Less than probable cause. - Cannot be based on “instinct” not backed by facts

Developed the concept of differential intrusiveness

Stop & Frisk

Temporary DetentionTemporary Detention• Typically a short period of time• Detention for questioning is not an arrest• May also use reasonable force• LE may pat down individual for weapons

(with additional reasonable suspicion exists and necessary for safety reasons)

If police restraint goes beyond that which is reasonably necessary for questioning, an arrest may result.

ArrestArrest• The taking of a person into custody

in the manner authorized by law.• Private Person v. LEO arrest

Arrest Defined: •when the detained person;•reasonably believes;•he/she is not free to leave; •due to the actions of LE; and •in the manner authorized by law.

Two Elements of Probable CauseTwo Elements of Probable Cause

1. Reasonable belief crime has been committed

2. Person to be arrested committed the crime (past/present/future)

Arrests & WarrantsArrests & WarrantsGeneral rules: 1. For LE to make an arrest, police must

obtain an arrest warrant. No arrest warrant – no arrest.

2. Except…Warrantless Arrest (most common)To make warrantless arrest, a) Exigent circumstances must exist (no time to obtain warrant) and b) LE must have probable cause.

Uniform Act of Fresh PursuitUniform Act of Fresh Pursuit

• Uniform act adopted by most states. • Allows an officer to cross state lines in

“hot pursuit.” • In most states it applies only to felonies. • Individual arrested must, without

unnecessary delay, be taken before a “local magistrate.”

What is Custody? When retained person reasonably believes they are not free to leave the scene.

When does Custody attach?Courts use objective standard: reasonable person in the suspect’s shoes

Note: Miranda warning is not legally required upon arrest; required only when person taken into custody and is interrogated

CustodyCustody

Decision to ArrestDecision to Arrest

If arrest is lawful:• Non-deadly force reasonably necessary to

overcome resistance; to retain custody;• Has duty to inform if possible;• Person may be subjected to reasonable

restraints;• Person may be searched • If suspect resists, the officer may increase

the force to counter the resistance;• LE has no duty to retreat as force escalates

Use of Deadly ForceUse of Deadly Force

• Defined: force reasonably capable of causing death or great bodily harm

• Justification: only as an absolute last resort and where the failure to stop suspect poses a serious risk of bodily injury or death to others.

• Killing by civilians can be considered justifiable homicide if it is committed in self defense, the defense of others, while trying to prevent of serious crime.

• Deadly force (LE) is restricted to the guidelines set forth in Tennessee v. Garner.

Excessive ForceExcessive Force

• Even when use of deadly force is justified, • Force used may be excessive• Not necessary under the circumstances

• Police brutality is the intentional use of excessive force, usually physical, but potentially also in the form of verbal attacks and psychological intimidation

Miranda RequirementsMiranda RequirementsFor Miranda to apply, individual must be

1. In custody – Under control of law enforcement – Not free to leave

2. And Interrogated– Questioning intended to elicit

information from the suspect

Components:• Right to remain silent • Anything said can be used to incriminate • Right to attorney while questioned• Right to attorney, if can’t afford one

Miranda WarningMiranda WarningComponents:• Right to remain silent • Anything said can be used to incriminate • Right to attorney while questioned• Right to attorney, if can’t afford one

At Trial:

Both inculpatory & exculpatory statements, in custody under interrogation are admissible ONLY IF prosecution shows:

a) defendant was informed of the right to counselb) before and during questioning c) informed of right against self-incrimination prior to questioning d) understood these rights, but voluntarily waived them.

Miranda ExceptionsMiranda Exceptions

•Statements made while not in custodyAnswers to questions at crime sceneInevitable discovery exception: evidence that would have been discovered in other waysUsed to impeach a witnessStatements to undercover officer posing as friend/inmateFruit of poisonous tree doctrine – does not apply when statements are voluntary

Did you learn something tonight?Did you learn something tonight?

Did you identify any area(s) you Did you identify any area(s) you need to study in greater depth?need to study in greater depth?

Questions? Questions?

Comments? Concerns?Comments? Concerns?

If you have any of the above –please stay and ask!

Otherwise, Class is AdjournedHave a great week!