AGENDA Return Quiz One Current News Chapter Five

AGENDA • Return Quiz One • Current News • Chapter Five, policing: Legal Aspects • Questions regarding upcoming personal interview paper Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Current News Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Las Vegas Shooting The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. " Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

2 nd Amendment • The Second Amendment is the most important right, because the Second Amendment keeps the government from being able to impose tyranny https: //www. merriamwebster. com/dictionary/tyranny Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Discussions I. Should a citizen be able to legally purchase 10 assault rifles? II. What can we do to prevent this tragedy from repeating? III. If he had lived, what punishment would be appropriate IV. Defense, what defense would he have had? Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Police Actions • Law Enforcement Shootings • Law Suits http: //www. dailynews. com/article/ZZ/20130430/NEWS/130439919 • Abuse of Police Power Rodney King Incident Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Federal laws • https: //www. justice. gov/crt/addressing-police-misconduct-laws-enforceddepartment-justice This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (42 U. S. C. § 14141). Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Bill of Rights Protect citizens against abused of police power The right against unreasonable searches and seizures The right against arrest without probable cause The right against self-incrimination The right against “double jeopardy The right to due process of law The right to a speedy trial The right to a jury trial The right to know the charges The right to cross-examine witnesses The right to a lawyer The right to compel witnesses on one’s behalf The right to reasonable bail The right against excessive fines The right against cruel and unusual punishments Fourth Amendment Fourth Fifth, Sixth, Fourteenth Sixth Sixth Eighth 1966 case of Miranda v. Arizona Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Checks and Balances • The Constitution of the United States provides for a system of checks and balances among the • Legislative • Judicial • Executive branches of government Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

What are they? • Legislative branch legislates (makes laws). • Judicial branch judges (interprets laws). • Executive branch executes laws Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Appeals • If a person feels they did not receive the respect and dignity due to them under the law, (unfair trial) Process- appeal to a higher court • Higher courts? - California Appellate Court, then the United States Supreme Court Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

The California Courts • The California courts of appeal are the state intermediate appellate courts in the U. S. state of California. The state is geographically divided into six appellate districts. http: //www. courts. ca. gov/courtsofappeal. htm Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

The California Courts 1. San Francisco 2. Los Angeles 3. Sacramento 4. The 4 th District is unique in that it is divided into three geographical divisions San Diego Riverside Orange County Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

The California Courts Cont’d 5. Fresno 6. San Jose Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Due Process Requirements Relevance to the police Three Major Areas, Pertain to 1. Evidence and investigation (search and seizure) 2. Arrest 3. Interrogation Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

U. S. Supreme Court Decisions made by the upper courts, LANDMARK CASES “Rules of the game” The procedural guidelines that the police and the rest of the justice system must follow Landmark case- A precedent-setting court decision that produces substantial changes both in the understanding of the requirements of due process and in the practical day to day operations of the justice system Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Search & Seizure 4 th Amendment “The right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized. ” Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Abuse of Power • https: //www. youtube. com/watch? v=W-AERD 6 YB_E Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Exclusionary Rule Weeks v U. S. (1914) Freemont Weeks, used the United States Postal Service (mail) to sell lottery tickets, a federal crime. Exclusionary Rule: Incriminating information must be seized according to constitutional specifications of due process or it will not be allowed as evidence in a criminal trial Simply put, a law that prohibits the use of illegally obtained evidence in a criminal trial in Federal court Mapp v. Ohio Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Fruit of the Poisonous Tree Doctrine An extension of the exclusionary rule established in Silverthorne Lumber Co. v. United States, 251 U. S. 385 (1920). This doctrine holds that evidence gathered with the assistance of illegally obtained information must be excluded from trial. What is means- Since illegally seized evidence cannot be used in a trial, neither can evidence that derives from an illegal search or seizure Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Chief Justice Earl Warren • (1953 to 1969) • Weeks case 1914 • Mapp v. Ohio, 1961, exclusionary rule became applicable to criminal prosecutions at the state level. Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Searches incident to Arresting Officers may search The defendant, the physical area within easy reach of the defendant When a search becomes illegal: When it goes beyond the defendant and the area within the defendant's immediate control When it is conducted for other than a valid reason Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Chimel v. California (1969) Page 131 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Good-Faith Exceptions to the Exclusionary Rule Law enforcement officers who conduct a search or who seize evidence on the basis of good faith (that is, when they believer they are operating according to the dictates of the law) and who later discover that a mistake was made (perhaps in the format of the application for a search warrant) may still use the seized evidence in court Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Probable Cause A set of fact and circumstances that would induce a reasonably intelligent and prudent person t believe that a particular other person has committed a specific crime Before a warrant can be issued, police officers must satisfactorily demonstrate probable cause in a written affidavit to a magistrate Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Plain View Harris v. United States A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects Legal right to be there Page 134 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Emergency Searches • Public Safety • Likely escape of dangerous suspect • Removal or destruction of evidence Page 137 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Arrest What is an arrest? Defined as the action of taking an adult, or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense Technical terms, an arrest occurs whenever a law enforcement officer restricts a person’s freedom to leave Page 139 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Terry Stop Terry v. Ohio Pat down, search for weapons A justifiable protective search for weapons, even in the absence of probable cause to arrest, where there is a suspicion that an individual is armed and dangerous. Reasonable suspicion Page 142 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Vehicle Searches Plain view, inventorying and safekeeping Impounded vehicles Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Fleeting-targets Exception Predicted on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency Page 146 Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Informants • Paid Informants • Aguilar v. Texas- two pronged test 1. The source of the informant’s information is made clear 2. The police officer has a reasonable belief that the informant is reliable Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Informants CI’s Why do they do it? • • • Self-Interest: Financial reward Pre-trial release from custody Withdrawal or dismissal of criminal charges Reduction of sentence Choice of location to serve sentence Elimination of rivals or unwanted criminal associates. Elimination of competitors engaged in criminal activities. Diversion of suspicion from their own criminal activities. Revenge Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Police Interrogation The information-gathering activity of police officers that involves the direct questioning of suspects https: //www. youtube. com/watch? v=-opq. USOUDQY Great interrogation https: //www. youtube. com/watch? v=brg. Qy 3 Ds. ZQg Good cop bad cop Page 152 http: //www. latimes. com/world/la-na-el-chapo-lawyers-alleged-abuse- Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Police Interrogation • Inherent Coercion- free from coercion and hostility • Psychological Manipulation- Sophisticated trickery or manipulation • Right to a lawyer at Interrogation, Escobedo v. Illinois Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Police Interrogation Ernesto Arturo Miranda Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Police Interrogation The genesis of the Miranda warnings can be traced to March 13, 1963, when Ernesto Arturo Miranda was arrested by officers of the Phoenix Police Department for stealing $4 from a bank worker and for the kidnap and rape of another woman. He already had a record for armed robbery, as well as a juvenile record that included attempted rape, assault, and burglary. In 1966, the U. S. Supreme Court reviewed the confession and the officer's testimony. Miranda's confession was written on pages that contained the words, "this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me. " Despite this, it was clear that Miranda had never been verbally advised of his right to counsel or his right to have a lawyer present during his questioning. The police never told Miranda of his right to not be compelled to incriminate himself. Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

The Miranda Warnings Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

The Miranda Warnings The dual principals of custody and interrogation. Both of which are necessary before an advisement of rights is required Spontaneous statements- Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.

Chapter Six Policing: Issues and Challenges Copyright © 2007 The Mc. Graw-Hill Companies, Inc. All rights reserved.