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Street Law

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by

Katie Serrano

on 3 December 2015

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Transcript of Street Law

Ch. 12 The Investigation
1. Search Incident to Lawful Arrest
A search incident to lawful arrest does not require issuance of a warrant.
2. Stop & Frisk
Police may stop a suspect so long as there is a reasonable suspicion of a criminal act.
Conclusion
Arrest: when a person is suspected of a crime and taken into custody
4th Amendment
Arrest Warrant: court order commanding the person named be arrested
Probable cause: the arrest has a reasonable belief that a specific person did the crime
Drug courier profiles are also allowed for probable cause
background history
Escobedo v. Illinios
Major Exceptions to the Warrant Requirement
The Interrogation Process
It is the "direct questioning of a suspect to gather evidence of criminal activity and to try to gain a confession."
Plain View Exception
Boarder and Airport Search
Arrest
This is crucial for the over all Investigation because during this time police officials are trying to uncover the truth, and gain a confession so justice can be served.
Although police are working towards trying to gain a confession, our constitutional rights demonstrate that everyone in the United States are to be treated with equal respect. So when thinking about the Interrogation process, the
Miranda warning
is the first Key factor.
before the Miranda warning, police really had no boundaries when it came to the tactics being used during an interrogation.
It wasn't until 1936, when the Supreme Court recognized that a confession could not be made through coercion.
later in 1964...
A case that involved a man by the name Escobedo, who was accused of shooting his brother in law after he and Escobedo's sister got into a physical altercation.
Brought in for questioning, there he spent 4 hours under interrogation, within that time he was denied access to speak to an attorney.
Escobedo was charged with murder, but later appealed on the basis of being denied the right to a counsel.
After Escobedo case..

Five Prong test was put in place to make sure that anyone in custody was allowed to speak to an attorney upon requests, and also must be warned of their constitutional rights to remain silent.
Even though the Supreme Court issued the Five Prong test. Very rarely did the accused ask for an attorney which made the test irrelevant..Not until two years later did the Supreme Court put forth its..
Miranda Warning
Miranda Warning
Ernesto Miranda v. Arizona in 1966.
Charged with kidnapping and rape, was convicted and sentenced to 20-30 years in prison, but later appealed also on the basis of not being informed his rights
The Supreme Court at the time was more concerned with the treatment of a suspect during an interrogation rather than the procedure itself.
The goal was to make sure that police were not using any coercion to gain confessions. Even though the suspect was being accused of a crime, he or she were still allowed their rights as an American citizen.
"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 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."
Miranda Warning
Miranda Warning continued..
If this was not read to the suspect before the interrogation starts then by law anything that person says becomes invalid.

This protects everyone from self-incarceration and allows them to a free counsel.
Required when..
A suspect is in custody.

Not required when..
-Before a suspect is in custody.
- When the questions are testimonial in nature.
-When a person volunteers information.
- During a stop and frisk.


Waiving your Miranda Rights..

A person can waive their rights but this can only happen if it is made voluntarily.
An officer must prove that this choice was made voluntarily, either by writing or by having a voice recording.
"Do you understand your rights as I have read them to you?"
"Knowing your rights, are you willing to talk to another law enforcement officer or me?"
Working around the Miranda Warning
Police in particular were not in favor of the new Miranda rights, they felt that these new rules hindered their chances of gaining a confession. Tactics were used to maneuver around the Miranda warning, trying to get suspects to voluntarily waive their rights.
Conditioning - lowering suspects anxiety level.
De-emphasizing - downplay the Miranda Warning importance.
Persuasion - Trying to convince them to waive their rights.
Information can be provided by the citizens to proceed with an arrest
How credible?
Police must confirm the information with other sources
They do not need probable cause, but they do need reasonable suspicion
based on less evidence
stop and frisk
At ANY point can the officer decide to speak to an individual
3. Consent
Consent is given by a person reasonably believed by an officer to have authority to give
If a person runs, this gives police reasonable suspicion
U.S. Supreme Court has ruled that police can order all passengers out of a car when making lawful traffic stop
Deadly force may not be used unless
necessary

Too much force may bring a civil action for violation Civil Rights Act
If arrest is later ruled unlawful, evidence can not be used against the accused
Search and Seizure
Automobile Exception
Customs agents are authorized to search withou warnt and withot probable cause.
If police have probable cause to believe the vehicle contains evidence of a crime
Example Case:
"The Dangerous Car Chase"
Victor Harris, 19
Speeding at 73 MPH in a 55 zone
He did not pull over
Deputy and several officers chased him
Harris pulled into a shopping center, colliding with patrol car but cont. to flee
Deputy Scott rammed car from behind, with permission
Car overturned and crashed leaving Harris a quadriplegic
Violates 4th amend. with excessive force
The police are legitimately in the location from which the evidence can be viewed.
What To Do If You Are Arrested
1. Do not struggle
2. Give your information to police
3. Notice what is done (searched,
photographed, fingerprinted)
4. Call trusted relative or friend
5. Do not talk about your case to anyone
besides your lawyer
This applies to adults, juveniles have to contact guardian with no right to bail
The federal and state systems are similar, but each state has a certain feature to make it unique
At various points in investigation, trial, and sentencing, the prosecutor may drop case, or judge can declare mistrial
US Constitution limits what police can do
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Court's Role
Consider the facts and circumstances of each case
Totality of the circumstances
The Exclusionary Rule
Hot Pursuit/Emergency
Evidence that can be easily moved, destroyed or otherwise made to disappear
Evidence seized in an unlawful search cannot be used in trial.
Searches With a Warrant
A search warrant is a court order obtained by a judge to search a person or place.

Search Warrants must include:
The person or place to be searched
Objects to be seized

There's a time limit in which the search must be conducted.
Searches With a Warrant (cont.)
Some states require searched to be conducted during daytime.
Police can seize evidence related to the case and any illegal items that are in plain sight when they are searching the house.
Police must still knock and announce as part of the 4th's reasonableness requirement
No-Knock Warrants are only issued when circumstances prove to present a threat to officers or where evidence would likely be destroyed if given advance notice.
"Public - Safety exception"
1963 - 1984
Up until 1980's there were no exceptions to the Miranda Warning.

The case New York v. Quarles 1984

NY Police had arrested a man that they later discovered his empty shoulder holster. The police were able to ask him the where abouts about his gun before reading him his Miranda Warning.
Abandoned Property
Safety of the Majority
By abandoning property, a person gives up his or her rights in the property, leaving law enforcement free to search it.
Anti- Terrorism Action
- Established in 1984 which allows officers to question suspected terrorists if they feel that there is imminent danger to the public.

Many people criticized this ruling, they felt that terrorists should not have any constitutional protection because they felt that it damages the ability to gather crucial information.
There are many major steps needed to be completed when carrying out an interrogation. It is a crucial part during an investigation. All confessions are gathered and interpreted during this process.
Full transcript