Welcome to CJ227: Criminal Procedure Professor Irene Gainer Seminar (Unit 2)

Welcome to CJ227: Welcome to CJ227: Criminal Procedure Criminal Procedure

Professor Irene GainerProfessor Irene Gainer

Seminar (Unit 2)Seminar (Unit 2)

Expectations (Generally)Expectations (Generally)

See Syllabus!!!See Syllabus!!! Communication. . .Communication. . . Ask Questions. . .Ask Questions. . . Communication. . .Communication. . . Show Me You Have learned Something. . .Show Me You Have learned Something. . . Communication. . .Communication. . . Don’t Forget Peer Responses. . .Don’t Forget Peer Responses. . . Communication. . .Communication. . . Good Faith Effort Regarding APA. . . (Relax)Good Faith Effort Regarding APA. . . (Relax) Etc.Etc.

Unit 2Unit 2

Review Key TermsReview Key Terms DiscussionDiscussion SeminarSeminar Take a BreakTake a Break Read Chapters 3 and 4 Read Chapters 3 and 4 Complete the Unit Writing AssignmentComplete the Unit Writing Assignment Unit Summary Unit Summary QuizQuiz

DiscussionDiscussion

Many people feel that once an individual is placed under arrest that Many people feel that once an individual is placed under arrest that law enforcement is required to advise that individual of their Miranda law enforcement is required to advise that individual of their Miranda rights. Based on the US Supreme Court guidelines, Miranda is only rights. Based on the US Supreme Court guidelines, Miranda is only required when both custody and interrogation are present. Do you feel required when both custody and interrogation are present. Do you feel that an individual should be Mirandized at the point of arrest, that an individual should be Mirandized at the point of arrest, regardless of the Supreme Court’s guidelines? Why or why notregardless of the Supreme Court’s guidelines? Why or why not

As you discuss the above subjects with your classmates, refer to the As you discuss the above subjects with your classmates, refer to the unit reading assignments and use the library/Internet for additional unit reading assignments and use the library/Internet for additional reference.reference.

After contributing one substantial response (50 to 100+ words), please After contributing one substantial response (50 to 100+ words), please respond to at least two (2) of your classmates' posts with a significant respond to at least two (2) of your classmates' posts with a significant and thoughtful response.and thoughtful response.

Contribute to the discussion board at the start of the unit and on at Contribute to the discussion board at the start of the unit and on at least two other days. least two other days.

Respond with posts that are grammatically correct and cite all sources Respond with posts that are grammatically correct and cite all sources by including the web address and authorby including the web address and author. .

Discussion (Part 2)Discussion (Part 2)

The Discussion Board experience is The Discussion Board experience is maximized when initial posts are maximized when initial posts are made prior to Sunday evening at made prior to Sunday evening at 9:00PM. I strongly encourage this 9:00PM. I strongly encourage this philosophy to facilitate that philosophy to facilitate that “experience.” “experience.”

QuizQuiz

This Quiz is scheduled for 4/28/2010 This Quiz is scheduled for 4/28/2010 to 5/4/2010. to 5/4/2010.

If you need more time you need to If you need more time you need to contact me and let me know.contact me and let me know.

Did You Miss the Seminar?Did You Miss the Seminar?

To receive credit for the seminar if To receive credit for the seminar if you are unable to attend, you are you are unable to attend, you are required to write a 300 – 500 word required to write a 300 – 500 word paper on the seminar topic. paper on the seminar topic. Review the seminar archive for Review the seminar archive for

additional information.additional information. Submit your assignment using the Doc Submit your assignment using the Doc

Sharing tab.Sharing tab. Select the option to send to your Select the option to send to your

instructor only.instructor only.

SEMINARSEMINAR

In Unit 2’s seminar we will discuss police In Unit 2’s seminar we will discuss police encounters with individuals and the required encounters with individuals and the required level of police suspicion needed to justify these level of police suspicion needed to justify these encounters. We will learn about consensual encounters. We will learn about consensual encounters, encounters, traffic traffic stops, Terry stops, and stops, Terry stops, and arrests. We will take a look at the factors used arrests. We will take a look at the factors used to determine when a person is under arrest as to determine when a person is under arrest as well as the appropriateness of any searches well as the appropriateness of any searches performed during these encounters..performed during these encounters..

Chapter 3Chapter 3

This chapter examines the legal issues involved This chapter examines the legal issues involved in arrests, custody, and interrogations. Topics in arrests, custody, and interrogations. Topics discussed include: discussed include:

What constitutes an arrest? What constitutes an arrest? Terry type stops Terry type stops Force in effecting an arrest Force in effecting an arrest Miranda and its requirements Miranda and its requirements Immunity from arrest Immunity from arrest Bookings Bookings Private persons arrest Private persons arrest CitationsCitations

ARRESTARREST

The taking of a person into custody in the manner The taking of a person into custody in the manner authorized by law. authorized by law.

Arrested person may be subjected to reasonable Arrested person may be subjected to reasonable restraints. restraints.

There must be probable cause or a warrant to There must be probable cause or a warrant to arrest. arrest.

If the arrest is lawful, the person may be If the arrest is lawful, the person may be searched. searched.

Two Elements of Probable Cause to Two Elements of Probable Cause to Arrest by a Law Enforcement OfficerArrest by a Law Enforcement Officer

There is reason to believe that a There is reason to believe that a crime has been committed. crime has been committed.

And the person to be arrested And the person to be arrested committed the crimecommitted the crime

. .

Arrest WarrantArrest Warrant

A written order issued by a judicial A written order issued by a judicial officer upon a showing of probable officer upon a showing of probable cause commanding the arrest of a cause commanding the arrest of a particular person. particular person.

Some jurisdictions allow the use of Some jurisdictions allow the use of telephonic arrest warrants.telephonic arrest warrants.

Terry v. OhioTerry v. Ohio

Developed the concept of differential Developed the concept of differential intrusiveness. intrusiveness.

Where intrusiveness is minimal, the Where intrusiveness is minimal, the standard of reasonable suspicion is standard of reasonable suspicion is sufficient. sufficient.

Developed the concept of stop and Developed the concept of stop and frisk.frisk.

Reasonable SuspicionReasonable Suspicion

Based on specific facts that can be Based on specific facts that can be articulated to a court. articulated to a court.

Less than probable cause. Less than probable cause. Cannot be based on “instinct” not Cannot be based on “instinct” not

backed by facts.backed by facts.

Reasonable Suspicion!!!!!!!Reasonable Suspicion!!!!!!!

Miranda RequirementsMiranda Requirements

For Miranda to apply, individual must be:For Miranda to apply, individual must be: In custody In custody Under control of law enforcement Under control of law enforcement Not free to leave Not free to leave And be interrogated And be interrogated Interrogation is defined for this Interrogation is defined for this

purposes as actions by an officer purposes as actions by an officer designed to elicit information from the designed to elicit information from the suspect.suspect.

Miranda’s Four Prong TestMiranda’s Four Prong Test

If Miranda applies, a court looks at: If Miranda applies, a court looks at: Was statement voluntary? Was statement voluntary? Was the warning given? Was the warning given? Was there a wavier by the suspect? Was there a wavier by the suspect? Was the waiver intelligently and Was the waiver intelligently and

voluntarily made? voluntarily made?

All above questions must be answered All above questions must be answered in the affirmative to admit statementin the affirmative to admit statement

Miranda ExceptionsMiranda Exceptions

A voluntary statement taken without the A voluntary statement taken without the required Miranda warnings may be used to required Miranda warnings may be used to impeach a witness. impeach a witness. Harris Harris v.v. New York New York

Undercover officer posing as a friend or Undercover officer posing as a friend or inmate does not need to give the warning inmate does not need to give the warning because of the lack of a coercive because of the lack of a coercive atmosphere. atmosphere.

Fruit of poisonous tree doctrine does not Fruit of poisonous tree doctrine does not apply to Miranda violations as long as apply to Miranda violations as long as statement is voluntarystatement is voluntary

See Everyone Next WeekSee Everyone Next Week If I didn’t respond to a question or If I didn’t respond to a question or

comment by you during seminar, I am not comment by you during seminar, I am not ignoring you. The chat goes quickly, and ignoring you. The chat goes quickly, and I’m only human I’m only human Please repeat your Please repeat your question or talk to me after class.question or talk to me after class.

I’m always available I’m always available You are never a “bother”You are never a “bother” No question is a stupid question. . .No question is a stupid question. . . If you call or e-mail me, I will respond very If you call or e-mail me, I will respond very

quickly. . .quickly. . . [email protected] or or [email protected] 202-554-0816202-554-0816