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Police and the Constitution: The Rules of Law Enforcement

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LEARNING OBJECTIVES

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1. Outline the four major sources that may provide probable cause.

2. Explain when searches can be made without a warrant.

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

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

5. Indicate situations in which a Miranda warning is unnecessary.

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LO 1

Outline the four major sources that may provide probable cause.

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Sources of Probable Cause

Personal observation

Information

Evidence

Association

LO 1

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Probable Cause Framework

• Allows police officers to perform their jobs effectively

• Limits situations where police officers can make arrests

• Gives officers the freedom to act within the framework

LO 1

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Exclusionary Rule

• Evidence obtained in violation of the accused’s rights will not be admissible in criminal court

• Court’s important legal tool for regulating the activity of law enforcement officers

• Fruit of the poisoned tree: Evidence acquired through the use of illegally obtained evidence • Inadmissible in court

LO 1

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Inevitable Discovery and Good Faith Exception

• Inevitable discovery exception: Illegally obtained evidence can be admissible in court if police would have inevitably discovered it

• Good faith exception: Evidence obtained using a technically invalid search warrant is admissible during trial if the police acted in good faith when they sought the warrant

LO 1

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LO 2

Explain when searches can be made without a warrant.

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Role of Privacy in Searches

• Search: Process by which police examine a person or property to find evidence to prove guilt in a criminal trial

• Two-pronged test for a person’s expectation of privacy • Person must prove that she or he expected

privacy

• Society must recognize that expectation as reasonable

LO 2

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Search Warrant

• Written order commanding police officers to search a specific person, place, or property to obtain evidence

• Requires the following information: • Probable cause that a crime has been or will be

committed

• Premises to be searched

• Suspects to be found

• Illegal activities taking place at the premises

• Items to be seized

LO 2

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Affidavit and Seizure

• Affidavit: Written statement of facts, confirmed by affirmation of the party making it • Made before a person having the authority to

administer the oath or affirmation

• Seizure: Forcible taking of a person or property in response to a violation of the law

LO 2

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Items That can be Seized Using a Search Warrant

Items resulting from a crime

Illegal items

Items of evidence Items used in

committing a crime

LO 2

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Searches Incidental to Arrests

• Searches for weapons and evidence that are conducted on persons who have just been arrested

• Police officers are required to: • Find and confiscate any weapons a suspect may

be carrying

• Protect any evidence on the suspect’s person from being destroyed

LO 2

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Consent Searches

• Conducted by police after the subject has agreed to the action

• Factors determining if a consent is voluntary • Age, intelligence, and physical condition of the

consenting suspect

• Coercive behavior by the police

• Length of the questioning and its location

LO 2

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Searches of Automobiles without a Warrant

• Automobiles can be searched without a warrant only if the: • Person being arrested can grab or destroy

evidence or a weapon inside the car

• Officer believes that the car contains evidence pertinent to the same crime for which the arrest took place

LO 2

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Plain View Doctrine

• Objects in plain view of a law enforcement agent may be seized without a warrant and introduced as evidence

• Criteria for a warrantless seizure • Officer can easily spot or sense the item

• Officer is legally in a position to notice the item

• Discovery of the item is inadvertent

• Officer immediately recognizes the illegal nature of the item

LO 2

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Electronic Surveillance

• Use of electronic equipment by law enforcement agents to record private conversations or observe private conduct

• For the warrant 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 probable cause to believe that a specific crime has been or will be committed

LO 2

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LO 3

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

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Stop and Frisk

• Stop: Brief detention of a person by law enforcement agents for questioning

• Frisk: Pat-down or minimal search by police to discover weapons

• Law enforcement officers: • Detain a person they reasonably believe to be

suspicious

• Pat down or frisk the suspect’s outer clothing if they believe that the person is armed

LO 3

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Terry v. Ohio

• Detective observed suspicious behavior in three men • Suspected men were frisked, and handguns

were found on two of them

• Court concluded that the detective's suspicion was reasonable

• Court judgement was based on the totality of the circumstances

LO 3

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LO 4

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

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Elements of an Arrest

Intent to arrest Authority to arrest

Seizure or detention

Understanding

LO 4

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Figure

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6.3 Difference between a Stop and an Arrest

Stop Arrest

Justification Reasonable suspicion Probable cause

Warrant None Required in some, but not all, situations

Intent of Officer To investigate suspicious activity

To make a formal charge against the suspect

Search May frisk, or “pat down,” for weapons

May conduct a full search for weapons or evidence

Scope of Search Outer clothing only Area within the suspect’s immediate control or “reach”

LO 4

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Arrest

• To deprive the liberty of a person suspected of criminal activity

• Arrest warrant: Written order commanding that the person named on the warrant be arrested by the police • Based on probable cause and issued by a judge

or magistrate

• Exigent circumstances: Require extralegal or exceptional actions by the police

LO 4

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Arrest without a Warrant

• Warrantless arrest: Made without seeking a prior warrant for the action

• Is permissible in the following circumstances: • Offense is committed in the officer’s presence

• Officer believes that the suspect has committed a certain crime

• There is a possibility that the suspect could escape or destroy evidence in the time taken to procure a warrant

LO 4

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LO 5

Indicate situations in which a Miranda warning is unnecessary.

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Miranda Warning

• Suspect has the right to: • Remain silent

➖If the suspect gives up the right, anything he or she says can and will be used against him or her in a court of law

• Speak with an attorney and to have the attorney present during questioning

➖Attorney will be appointed for the suspect if he or she cannot afford one

LO 5

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Legal Basis for Miranda Warning

• Protection from coercion • Coercion: Use of physical force or mental

intimidation to compel a person to do something against his or her will

• Custodial interrogation: Questioning of a suspect after he or she has been taken into custody • Suspect must be read his or her Miranda rights

before the interrogation can begin

LO 5

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When a Miranda Warning Is Not Required

• Officer does not ask the suspect any testimonial questions

• Police question witnesses without a focus on the suspect

• Individual gives information voluntarily

• Individual has given a statement privately to a friend or acquaintance

• During a stop and frisk or a traffic stop

LO 5

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False Confessions

• Admission of guilt when the confessor did not commit the crime

• Types • Voluntary when suspect is seeking attention, or

is delusional

• Internalized when suspect comes to believe that he or she committed the crime under the stress of the interrogation

• Compliant when suspect believes that to confess is in his or her best interest

LO 5

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KEY TERMS

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• Searches and seizures

• Probable cause

• Exclusionary rule

• Fruit of the poisoned tree

• “Inevitable discovery” exception

• “Good faith” exception

• Search

• Private search doctrine

• Search warrant

• Affidavit

• Seizure

• Searches incidental to arrests

• Consent searches

• Plain view doctrine

32Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 32CJ5 | CH6 32

KEY TERMS (continued)

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• Electronic surveillance

• Stop

• Frisk

• Arrest

• Arrest warrant

• Exigent circumstances

• Warrantless arrest

• Interrogation

• Admission

• Confession

• Coercion

• Miranda rights

• Custody

• Custodial interrogation

• False confession

33Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 33CJ5 | CH6 33

SUMMARY

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• Sources of probable cause include personal observation, information, evidence, and association

• Warrants are not needed for consent searches and/or searches incidental to arrests

• When reasonable suspicion exists, police officers may stop and frisk a suspect

34Copy r i gh t ©201 6 Cenga g e Lear ni n g . A l l Ri ghts Res er v ed . M ay not be s c anne d , c opi ed or dupl i c at e d , or pos te d to a publ i c l y ac c e s s i bl e webs i te , i n whol e or i n par t. HIST4 | CH6 34CJ5 | CH6 34

SUMMARY (continued)

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• Intent to arrest and seizure or detention are some essential elements for making an arrest

• Miranda warning is not always necessary