ADJ 100 5

1. Criminal JusticeCriminal Justice
A Brief IntroductionA Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11e
Frank Schmalleger
ELEVENTH EDITION
Policing: Legal Aspects
5

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Criminal Justice: A Brief Introduction, 11e
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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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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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Frank Schmalleger
TABLE 5-1 Constitutional Amendments of Special
Significance to the American System of Justice

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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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Frank Schmalleger
Individual RightsIndividual Rights
• Due Process Requirements
 Evidence and investigation (search and
seizure)
 Arrest
 Interrogation
continued on next slide

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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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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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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

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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)

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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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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)

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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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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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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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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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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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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)

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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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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)

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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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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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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

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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

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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