Do Now:1. When can an officer stop and frisk a

person?

Analyze the data on pg. 135 of your textbook.

2. What happens after charges are brought against an individual?

HW check: Please have your Notes pg. 133- 140, Problem 12.1 ready for checking.

Criminal Justice Process:

The Investigation

Key Terms Arrest Arrest warrant Probable cause Drug courier

profile Corroborate Reasonable

suspicion Stop and frisk Exclusionary rule Search warrant

Bona fide

Affidavit

Consent

Contraband

Racial profiling

Interrogate

Self-incrimination

Miranda warning

The Criminal Justice Process

•Includes everything that happens to a person▫From arrest through prosecution▫Conviction to release from the state

•Majority of crimes are investigated and are adjudicated (judged)

ARREST•Seizure under the Fourth Amendment –

protects citizens against “unreasonable searches & seizures”▫Reasonable

•2 ways a policy officer can arrest1. Warrant – court order issued by a judge2. Probable Cause – reasonable belief, with

some facts; not just suspicion or hunch•Drug courier profile

▫Provides a basis stop and question or establish probably cause

Arrest

•Reasonable suspicion▫Stop and frisk - may pat-down person’s

outer clothing•U.S. Supreme Court 1997

▫Police can order passengers out of car when making a lawful traffic stop

Steps to Take if Arrested

1. Do not struggle with police2. Give your name, address, ph. #3. Keep quiet until you have spoken to lawyer4. Do not discuss case with anyone5. Do not sign any statements6. Ask for written receipt if personal items taken7. Call a trusted friend or family – tell where

your are, bail or bond8. Upon release – unsecured bond or post cash

bond9. Find out court due date, do not be late or miss10.Only discuss case with your lawyer

Assignment / Classwork:

•Groups of 2:▫Problem 12.2 and 12.3

Homework due 11/19:• Continue Notes pg. 140-154• Substitute will check your notes• Will provide you with classwork – to be collected

at end of class

SEARCH AND SEIZURES•Fourth Amendment

▫Right to be free from “unreasonable searches and seizures”

▫Established conditions on the use of search warrants

▫Does not give citizens absolute right to privacy

▫Does not prohibit all searches –only unreasonable

▫Exceptions to the basic rules: Exclusionary rule – evidence found in search

cannot be used in trial in an unreasonable search

Searches With a Warrant

•Search Warrant – court order obtained from a judge.▫Bona fide – need to search▫Affidavit must be filed – a sworn statement▫Must describe the person or place and

particulars to be seized▫Limited time – days, some states….daytime▫Police must ‘knock and announce’▫U.S. Supreme Court – has allowed ‘no-

knock’

Search Without a Warrant•Must be reasonable

▫Search incident to a lawful arrest Grab area search Protect sweep

▫Stop and Frisk Search is for weapons only Plain feel exception

▫Consent▫Plain view – can seize the contraband▫Hot pursuit▫Vehicle searches –with probable cause▫Emergency situations▫Border and air searches

Public School Searches

•U.S. Supreme Court granted school authorities broad discretion

•Reasonable suspicion•Student lockers•Drug-sniffing dogs•Strip searches are not allowed and are

considered unreasonable

Suspicionless Searches

•Special circumstances to meet special needs beyond the goals of routine law enforcement

▫Fixed-point searches at or near borders to detect illegal aliens

▫Mandatory drug and alcohol test for railroad employees

Racial Profiling in Police Investigations

•Inappropriate•May use race as one factor among others

• After arrest, police question• Fifth Amendment

▫Provides citizens privilege again self-incrimination▫“Plead the Fifth”

• Sixth Amendment▫Right to an attorney

• Miranda rights before questioning▫Police may question - related to public safety

before reading the Miranda▫Failure to give Miranda warnings does not affect

the validity of an arrest

INTERROGATION AND CONFESSIONS

End of Chapter 12Study for quiz next class10 questions from Chp 125 questions from Chp 11