Plain View Doctrine1. Item is positioned easily in an officer’s sight.2. Officer is legally in a position to notice.3. The discovery of the item is inadvertent – not intention4. Officer immediately recognizes the illegal nature

III. When can police stop and frisk suspects?

Terry v. Ohio (1968)*facts of the case

- precedent for the def. of “reasonable” suspicion - “specific and articulable facts” - suspicion was reasonable -” stop and frisk”

III. When can police stop and frisk suspects?

“The Totality of Circumstance”*sense Terry v. Ohio

IV. What is required in an arrest?Arrest (def.)

-to take into custody a person suspected of criminal activity.

Elements of Arrest – When is someone under arrest?1.) Intent to Arrest2.) Authority to Arrest3.) Seizure or detention4.) Understanding of being arrested

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IV. What is required in an arrest?Arrest with a Warrant

Arrest Warrant (def.)-Judges or Magistrate

Entering a Dwelling -Knock and announce – Wilson v. Arkansas(1995)

- Exigent Circumstances (def.)

IV. What is required in an arrest?Entering a Dwelling -Knock and announce – Wilson v. Arkansas(1995)

- Exigent Circumstances (def.)

Elements of :1. suspect is armed & considered dangerous2. destroying evidence or escaping3. a felony is being committed

IV. What is required in an arrest?The Waiting Period

IV. What is required in an arrest?Arrest without a Warrant Warrantless Arrest (def.)

Elements of:1. The offense is committed in the presence of the officer.2. The officer has probable cause to believe that the suspect has committed a particular crime3. The time lost in obtaining a warrant would allow the suspect to escape or destroy evidence, and the officer has probable cause to make an arrest.

V. What are the Miranda Rights?

General: Miranda WarningYou 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 speak with an

attorney present during questioning.If you so desire and cannot afford one, an

attorney will be appointed for you withoutchange before questioning.

V. What are the Miranda Rights?

Interrogation (def.) What amendment guarantees protection against self-incrimination?Coercion (def.)

V. What are the Miranda Rights?Miranda v. Arizona ( 1966)

*facts of the case

Inherent MirandaCoercion: v.

Arizona

IN THEORY!!!

V. What are the Miranda Rights?When a Miranda Warning is Required:

Concept of Custody – Importance of this concept

V. What are the Miranda Rights?When a Miranda Warning is NOT Required:1. When the police do not ask the suspect any

questions that are testimonial in nature.2. When the police have not focused on a

suspect & are questioning witnesses at the scene of a crime.

3. When a person volunteers information

before the police haveasked a question.

V. What are the Miranda Rights?When a Miranda Warning is NOT Required:4. When the suspect has given a private statement to a friend.

5. During a stop and frisk.

6. During a traffic stop.

”Public-Safety Exception”

V. What are the Miranda Rights?Waiving Miranda

Right to Waive 5th AmendmentRole of the prosecutorsTwo Questions in Addition to Miranda:

1. Do you understand your rights as I have read them to you?2. Knowing your rights, are you willing to talk to another law enforcement officer or me?

The End