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Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
Policing: Legal Aspects
5
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
TABLE 5-1 Constitutional Amendments of Special
Significance to the American System of Justice
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
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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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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.
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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)
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.
All Rights Reserved
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

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Schmalleger ch05 lecture

  • 1. Criminal JusticeCriminal Justice A Brief IntroductionA Brief Introduction CHAPTER Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved Criminal Justice: A Brief Introduction, 11e Frank Schmalleger ELEVENTH EDITION Policing: Legal Aspects 5
  • 2. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 3. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 4. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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
  • 6. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 7. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 8. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 9. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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.
  • 11. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 12. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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.
  • 13. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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.
  • 14. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 15. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 16. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 17. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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)
  • 18. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 19. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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)
  • 20. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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)
  • 21. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 22. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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)
  • 23. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 24. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 25. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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
  • 27. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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
  • 29. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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.
  • 30. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 31. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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.
  • 32. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 33. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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
  • 35. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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
  • 37. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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
  • 38. Copyright © 2016, 2014, 2012 by Pearson Education, Inc. All Rights Reserved 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. All Rights Reserved 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. All Rights Reserved 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