Introduction to Criminal Justice Chapter 8

Technologies for Local Law Enforcement

- surveillance cameras - GPS tracking devices

search incident to a lawful arrest

An exception to the search warrant rule, limited to the immediate surrounding area.

exigent circumstances

Emergency or urgent circumstances.

plain view doctrine

The principle that evidence in plain view of police officers may be seized without a search warrant.

good faith exception

The principle that evidence may be used in a criminal trial even though the search warrant used to obtain it was technically faulty, as long as the police acted in good faith when they sought the warrant from a judge.

exclusionary rule

The principle that prohibits using illegally obtained evi- dence in a trial.

particularity

The requirement that a search warrant state precisely where the search is to take place and what items are to be seize

stop-and-frisk

The situation in which police officers who are suspicious of an individual run their hands lightly over the suspect's outer garments to determine whether the person is carrying a concealed weapon; also called a threshold inquiry or pat-down.

automobile searches

a warrantless search of an automobile is valid if the police have probable cause to believe that the car contains evidence they are seeking. (Carroll v. United States)

probable cause

● A police informant whose reliability has been established because he has provided information in the past ● Someone who has firsthand knowledge of ille- gal activities ● A co-conspirator who implicates herself as well as the suspect ● An informant whose information can be partially verified by the police ● A victim of a crime who offers information ● A witness to the crime related to the search ● A fellow law enforcement officer

in-presence requirement

A police officer cannot arrest someone for a misdemeanor unless the officer sees the crime occur. To make an arrest for a crime the officer did not witness, an arrest warrant must be obtained.

pretext stop

A pretext stop is one in which police officers stop a car because they suspect the driver is involved in a crime such as drug trafficking, but, lacking probable cause, they use a pretext such as a minor traffic violation to stop the car and search its interior.

hot pursuit

A legal doctrine that allows police to perform a warrantless search of premises where they suspect a crime has been committed when delay would endanger their lives or the lives of others and lead to the escape of the alleged perpetrator.

Electronic Surveillance

With approval from the court and a search warrant, law enforcement officers place listening devices on telephones to overhear oral communications of suspects.

arrest warrant

An order, issued by a judge, directing officers to arrest a particular individual.

open field

Any unoccupied or undeveloped real property outside the curtilage of a home.

booking

The administrative record of an arrest, listing the offender's name, address, physical description, date of birth, employer, time of arrest, offense, and name of arresting officer; it also includes photographing and fingerprinting of the offender.

search

A government actor's infringement on a person's reasonable expectation of privacy.

Define search and arrest.

● A search occurs when a government actor infringes on a person's reasonable expectation of privacy. ● When police look through abandoned property, look in open fields, or use aerial surveillance, they do not "search." ● An arrest occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense.

Distinguish between search warrants and arrest warrants.

● A search warrant is an order, issued by a judge, directing officers to conduct a search of specified premises for specified objects. ● An arrest warrant is an order, issued by a judge, directing officers to arrest a particular individual.

Describe how the Fourth Amendment controls law enforcement officials.

● The Fourth Amendment controls searches and seizures. ● The Fourth Amendment contains two parts: the reasonableness clause (states that searches and seizures must be reasonable) and the warrants clause(lists warrant requirements). Each clause is independent because a search can be reasonable without a warrant, but if a warrant is required, certain steps must be taken.

Discuss the exclusionary rule, including its extensions and exceptions.

● The exclusionary rule provides that all evidence obtained by illegal searches and seizures is inadmissible in criminal trials. ● The exclusionary rule has been extended to include "fruit of the poisonous tree," or indirect evidence. ● Exceptions to the exclusionary rule include independent source, good faith, and inevi- table discovery.

Discuss several types of warrantless searches and arrests.

● The seven types of warrantless searches and arrests are (1) searches based on exigent circumstances; (2) stop and frisk; (3) searches incident to lawful arrest; (4) automobile searches; (5) consent searches; (6) plain view seizures; and (7) arrests committed in an officer's presence. ● Exigent circumstances include hot pursuit, danger of escape, threats to evidence, and threats to others. ● Stop and frisk are two separate acts. Each requires that an officer have reasonable suspicion. ● For a search incident to lawful arrest, the search must be conducted at the time of or immediately following the arrest. Also, the police may search only the suspect and the area within the suspect's immediate control. ● Automobiles can be searched without a warrant, so long as there is probable cause to search. ● Consent searches do not require warrants or probable cause, because the consenting party effectively waives his or her Fourth Amendment rights. ● If an officer is engaged in a lawful search and has probable cause that an item in plain view is subject to seizure, the item can be seized. ● If a person commits a crime in an officer's presence, no warrant is necessary before an arrest is made.

Explain the rules for serving warrants.

● There are six general rules governing the service of warrants: Officers should (1) knock and announce their presence, sub-ject to certain exceptions; (2) keep property damage to a minimum; (3) use appropriate force if needed; (4) pay attention to time constraints when serving search warrants; (5) limit the scope and manner of their search to the items named in the search warrant; and (6) not bring reporters along when warrants are served.

Recognize that there are three requirements that must be met before a warrant can be secured.

● There are three requirements that must be met before a warrant can be secured: probable cause, neutral and detached magistrate, and particularity. ● Probable cause is usually defined as a rea- sonable belief, based on fact, that a crime has been committed and that the person, place, or object to be searched and/or seized is linked to the crime with a reasonable degree of certainty. ● Judges are considered to be neutral and detached. ● Particularity is concerned with specifically naming the items to be seized pursuant to a search or specifically naming the individual to be arrested pursuant to an arrest warrant.

Surveillance Law

- Federal Wiretap Act (more formally called Title III of the Omnibus Crime Control and Safe Streets Act), was adopted in 1968 and revised in 1986. It requires court approval of all real-time eavesdropping on electronic communications, including voice, e-mail, fax, Internet, and those connected with criminal investigations. - Foreign Intelligence Surveillance Act (FISA) of 1978.89 It authorizes wiretapping of any alien the government believes is a member of a foreign terrorist group or is an agent of a foreign power. In the case of U.S. citizens, there must be probable cause that the person targeted for a wiretap is involved in criminal activity; otherwise, there is no such requirement for aliens.

search warrant

An order, issued by a judge, directing officers to conduct a search of specified premises for specified objects.

curtilage

Grounds or fields attached to a house.

probable cause hearing

If a person is subjected to a warrantless arrest, a hearing is held to determine whether probable cause exists that he committed the crime.

plain touch

If the police touch contraband, they can seize it legally

third-party consent

In United States v. Matlock (1974), the Court ruled that it is permissible for one co-occupant of an apartment to give consent to the police to search the premises in the absence of the other occupant, as long as the person giving consent shares common authority over the property and no present co-tenant objects.

Crimes Committed in an Officer's Presence

NONCRIMINAL ACTS- a police can arrest someone for a noncriminal act such as a traffic violation

arrest

Occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense.

lineup

Placing a suspect in a group for the purpose of being viewed and identified by a witness.

roadblock searches

Police departments often wish to set up roadblocks to check driver's licenses or the condition of drivers.

bus sweep

Police investigation technique in which officers board a bus or train without suspicion of illegal activity and question passengers, asking for identification and seeking permission to search their baggage.

consent searches

Police officers may also undertake warrantless searches when the person in con- trol of the area or object consents to the search. Those who consent to a search essentially waive their constitutional rights under the Fourth Amendment.

fruit of the poisonous tree

Secondary evidence obtained from a search that violates the exclusionary rule.

public safety doctrine

The principle that a suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety.

inevitable discovery rule

The principle that evidence can be used in court even though the information that led to its discovery was obtained in violation of the Miranda rule if a judge finds it would have been discovered anyway by other means or sources.

Identify what purpose a lineup serves.

● In a lineup, a suspect is placed in a group for the purpose of being viewed and identified by a witness. ● Lineups are one of the primary means that the police have of identifying suspects. ● The accused has the right to have counsel present at a post-indictment lineup. This is also true for a show-up, which occurs at the crime scene. There is no right to counsel for photographic identifications.

Explain the Miranda v. Arizona decision.

● Miranda v. Arizona requires that police officers advise people who are both in custody and interrogated of their constitutional right (from the Fifth Amendment) not to incriminate themselves. ● Suspects who are advised of their Miranda rights are told: (1) they have the right to remain silent; (2) if they decide to make a statement, the statement can and will be used against them in a court of law; (3) they have the right to have an attorney present at the time of the interrogation, or they will have an opportunity to consult with an attorney; and (4) if they cannot afford an attorney, one will be appointed for them by the state. ● The Supreme Court has modified the Miranda rule to some extent over the years. Mostly, its decisions have relaxed the Miranda rule. ● The impact of Miranda on law enforcement, such as through lost convictions, has been fairly minimal.

Explain when warrants are required.

● Warrants are required in two key situations: ● Arrests and searches in private homes or on specific types of private property. ● Arrests for minor offenses committed out of view of the arresting officer.