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- 1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
Policing: Legal Aspects
5
- 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
A Changing Legal ClimateA Changing Legal Climate
• U.S. Constitution
Designed to protect citizens against
abuses of police power
• U.S. Supreme Court
1960s
• Accelerated the process of guaranteeing
individual rights
• Miranda v. Arizona (1966)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
A Changing Legal ClimateA Changing Legal Climate
• After the Warren Court, the Supreme
Court became more conservative.
Recognized the need to ensure public
safety
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
TABLE 5-1 Constitutional Amendments of Special
Significance to the American System of Justice
- 5. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual RightsIndividual Rights
• Checks and Balances
Legislative, judicial, and executive
branches of government
No one individual or agency can usurp
the rights and freedoms guaranteed
under the Constitution.
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual RightsIndividual Rights
• Due Process Requirements
Evidence and investigation (search and
seizure)
Arrest
Interrogation
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Individual RightsIndividual Rights
• Landmark case
A precedent-setting court decision that
produces substantial changes in the
understanding of the requirements of
due process and the practical day-to-
day operations of the system
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Search and SeizureSearch and Seizure
• Fourth Amendment
Warrant and illegally seized evidence
• Exclusionary Rule
Evidence illegally seized by the police
cannot be used in a trial
• Acts as a control over police behavior
• At the time, only binding on the federal
agents
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Search and SeizureSearch and Seizure
• Writ of Certiorari
A writ issued from an appellate court for
the purpose of obtaining the lower
court's records of a particular case
• A mechanism for discretionary review
• Fruit of the Poisonous Tree Doctrine
Legal principle that excludes from trial
any evidence later developed as a result
of illegal search and seizure
- 10. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Warren Court (1953-1969)The Warren Court (1953-1969)
• Before the 1960s, the U. S. Supreme
Court did not intrude into the overall
operations of the system.
• Mapp v. Ohio (1961)
Made the exclusionary rule applicable to
criminal prosecutions at the state level
This started the Warren Court on a
course that would guarantee recognition
of individual rights.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Searches Incident to ArrestSearches Incident to Arrest
• Chimel v. California (1969)
Immediate control
• Minnesota v. Olson (1990)
Extended protection against warrantless
searches to overnight guests in the
name of another
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Searches Incident to ArrestSearches Incident to Arrest
• Minnesota v. Carter (1998)
Reasonable expectation of privacy
• Georgia v. Randolph (2006)
One resident gives permission, but the
other says no.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Burger Court (1969-1986) andThe Burger Court (1969-1986) and
the Rehnquist Court (1986-2005)the Rehnquist Court (1986-2005)
• A swing toward conservatism
• Late 1980s, the Supreme Court
distanced itself from some earlier
decisions of the Warren Court.
• Criminal defendants had most of the
responsibility of demonstrating that the
police went beyond the law in the
performance of their duties.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Good-Faith Exceptions to theGood-Faith Exceptions to the
Exclusionary RuleExclusionary Rule
• Good-Faith Exception
Evidence seized on the basis of good
faith, but later shown to be a mistake,
may still use the seized evidence in
court
• U.S. v. Leon (1984)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Good-Faith Exceptions to theGood-Faith Exceptions to the
Exclusionary RuleExclusionary Rule
• Probable cause
A set of facts that would induce a
reason person to believe that a crime
was committed
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Plain View DoctrineThe Plain View Doctrine
• Plain view
Evidence visible to the police may be
seized without a warrant as long as the
police have a legal right to be in the
viewing area and cause to believe the
evidence is somehow associated with
criminal activity
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Plain View DoctrineThe Plain View Doctrine
• Cases
Harris v. U.S. (1968)
U.S. v. Irizarry (1982)
Arizona v. Hicks (1987)
Horton v. California (1990)
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Emergency Searches of PropertyEmergency Searches of Property
and Emergency Entryand Emergency Entry
• Warrantless search justified on the
basis of some immediate and overriding
need
• Cases
Warden v. Hayden (1967)
Mincey v. Arizona (1978)
Maryland v. Buie (1990)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Emergency Searches of PropertyEmergency Searches of Property
and Emergency Entryand Emergency Entry
• Cases
Wilson v. Arkansas (1995)
Richards v. Wisconsin (1997)
Illinois v. McArthur (2001)
Hudson v. Michigan (2006)
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Anticipatory WarrantsAnticipatory Warrants
• Anticipatory warrant
Warrant issued on the basis that
evidence, not currently at the place
described, will likely be there when the
warrant is executed
• U.S. v. Grubbs (2006)
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ArrestArrest
• The act of taking an adult or juvenile
into physical custody for the purpose of
charging the person with a criminal
offense
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ArrestArrest
• Cases
U.S. v. Mendenhall (1980)
Stansbury v. California (1994)
Yarborough v. Alvarado (2004)
Muehler v. Mena (2005)
Payton v. New York (1980)
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Searches Incident to ArrestSearches Incident to Arrest
• A warrantless search of an arrested
individual to ensure the safety of the
officer
• Cases
U.S. v. Robinson (1973)
Terry v. Ohio (1968)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Searches Incident to ArrestSearches Incident to Arrest
• Reasonable Suspicion
Would justify an officer in making
further inquiry or in conducting further
investigation
• Cases
U.S. v. Sokolow (1989)
U.S. v. Arvizu (2002)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Searches Incident to ArrestSearches Incident to Arrest
• Cases
Minnesota v. Dickerson (1993)
Brown v. Texas (1979)
Hibbel v. Sixth Judicial District Court of
Nevada (2004)
Smith v. Ohio (1990)
California v. Hodari D. (1991)
- 26. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Emergency Searches of PersonsEmergency Searches of Persons
• FBI guidelines for conducting searches
There was probable cause at the time of
the search to believe that evidence was
concealed.
There was probable cause to believe an
emergency threat of destruction of
evidence existed.
The officer had no prior opportunity to
obtain a warrant.
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Emergency Searches of PersonsEmergency Searches of Persons
• FBI guidelines for conducting searches
Action was no greater than necessary.
• Cases
Arkansas v. Sanders (1979)
U.S. v. Borchardt (1987)
- 28. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Vehicle SearchesVehicle Searches
• Cases
Carroll v. U.S. (1925)
Preston v. U.S. (1964)
South Dakota v. Opperman (1976)
Colorado v. Bertine (1987)
Florida v. Wells (1990)
Ornelas v. U.S. (1996)
Arizona v. Gant (2009)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Vehicle SearchesVehicle Searches
• Fleeting-targets exception
An exception to the exclusionary rule
that permits law enforcement officers to
search a motor vehicle based on
probable cause but without a warrant.
The fleeting-targets exception is
predicated on the fact that vehicles can
quickly leave the jurisdiction of a law
enforcement agency.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Suspicionless SearchesSuspicionless Searches
• Compelling interest
A legal concept that provides a basis for
suspicionless searches when public
safety is an issue
• Suspicionless search
A search conducted without a warrant
and without suspicion
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Intelligence FunctionThe Intelligence Function
• Informants
• Aguilar v. Texas (1964)
The source of the informant's
information is made clear.
The officer had reasonable belief that
the information is reliable.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Police InterrogationPolice Interrogation
• Interrogation
The information-gathering activity of
police that involves direct questioning of
suspects
• Physical abuse
Brown v. Mississippi (1936)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Police InterrogationPolice Interrogation
• Inherent coercion
Tactics used by police interviewers that
fall short of physical abuse but pressure
the suspect to talk
Chambers v. Florida (1940)
Ashcraft v. Tennessee (1944)
- 34. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Psychological ManipulationPsychological Manipulation
• Psychological Manipulation
Manipulative actions by police
interviewers, designed to pressure
suspects to divulge information, that are
based on subtle forms of intimidation
and control
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Right to a Lawyer atThe Right to a Lawyer at
InterrogationInterrogation
• Cases
Escobedo v. Illinois (1964)
Edwards v. Arizona (1981)
Michigan v. Jackson (1986)
Minnick v. Mississippi (1990)
Arizona v. Roberson (1988)
Davis v. U.S. (1994)
Montejo v. Louisiana (2009)
- 36. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Suspect Rights: The MirandaSuspect Rights: The Miranda
DecisionDecision
• Miranda v. Arizona (1966)
Miranda Warnings
• The advisement of rights due criminal
suspects by the police before questioning
begins
• Waiver of Miranda rights by suspects
Moran v. Burbine (1986)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Suspect Rights: The MirandaSuspect Rights: The Miranda
DecisionDecision
• Inevitable-Discovery exception to
Miranda
Brewer v. Williams (1977)
• Evidence can be used in court if it
would invariably turned up in the
normal course of events.
• Public-Safety exception to Miranda
New York v. Quarles (1984)
continued on next slide
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
Suspect Rights: The MirandaSuspect Rights: The Miranda
DecisionDecision
• Miranda and the meaning of
interrogation
Rock v. Zimmerman (1982)
• Miranda Triggers
The dual principles of custody and
interrogation
- 39. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Electronic CommunicationsThe Electronic Communications
Privacy Act of 1996Privacy Act of 1996
• A law was passed by Congress
establishing the due-process
requirements that law enforcement
officers must meet in order to legally
intercept wire communications
Wiretaps and bugs
Pen registers recording numbers dialed
from a telephone
continued on next slide
- 40. Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
The Electronic CommunicationsThe Electronic Communications
Privacy Act of 1996Privacy Act of 1996
• A law was passed by Congress
establishing the due-process
requirements that law enforcement
officers must meet in order to legally
intercept wire communications
Tracing devices that determine the
number from which a call emanate