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Chapter 12: Criminal Justice Process ~ The Investigation

Chapter 12: Criminal Justice Process ~ The Investigation. Objective: Student should be able to correlate how the constitution relates to an investigation process & the differences between federal & local procedures. Arrest. Defined: to take a person suspected of a crime into custody

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Chapter 12: Criminal Justice Process ~ The Investigation

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  1. Chapter 12: Criminal Justice Process ~ The Investigation Objective: Student should be able to correlate how the constitution relates to an investigation process & the differences between federal & local procedures.

  2. Arrest • Defined: to take a person suspected of a crime into custody • Arrest Warrant: a court-ordered document authorizing the police to arrest an individual on a specific charge • Probable Cause: a reasonable belief, known personally or through reliable sources, that a specific person has committed a crime

  3. Arrest (Continued) • Drug Courier Profile: using commonly held notions of what typical drug couriers look and act like in order to be able to question a person without establishing individualized suspicion • Corroborate: to confirm information • Reasonable Suspicion: evidence that justifies an officer in stopping & questioning an individual believed to be involved in criminal activity; based on less evidence than probable cause but more than mere hunch

  4. Stop & Frisk • Defined: to “pat down” or search the outer clothing of someone whom the police believe is acting suspiciously • DOES NOT NEED PROBABLE CAUSE: A police office may go up to ANY individual & ask to speak to him/her • Vehicle stops: technically are under arrest because driver not free to leave until police says can go.

  5. Search & Seizure • Fourth Amendment!!! • Exclusionary Rule: a legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial • Applies to violations of a defendant’s 4th, 5th or 6th Amendment rights • Fruit of the Poisonous Tree

  6. Searches with a Warrant • Search Warrant: a court order issued by a judge or magistrate, giving police the power to search a person or to enter a building to search for & seize items related to a crime • Bona Fide: a Latin term meaning “in good faith” • Characterized by good faith & lack of fraud or deceit • Valid under or in compliance with the law • Affidavit: a written statement of facts sworn to or made under oath before someone authorized to administer an oath

  7. Incident to Lawful Arrest Stop & Frisk Consent Plain View: (If can see Contraband~ Illegal items) Hot Pursuit Vehicle Searches Emergency Situations Border & Airplane Searches Searches WITHOUT a Warrant

  8. Public School Searches • 4th Amendment only protects against UNREASONABLE searches & seizures • New Jersey v. TLO 1985: Courts recognized that although a student had a reasonable expectation of privacy, Schools only need REASONABLE SUSPICION to believe a search will turn up evidence

  9. Suspicionless Searches • Searches & seizures usually unreasonable if there is NO individual suspicion of wrongdoing. • Courts upheld exceptions: • Fixed point searches at or near the border (25 mile rule) • Mandatory drug/alcohol test for all employees involved in railroad accidents

  10. Racial Profiling in Police Investigations • Racial Profiling: the inappropriate use of race as a factor in identifying people who may break or who may have broken the law • General rule: • It is inappropriate for an officer to stop a person solely because of his/her race • HOWEVER, in some situations, officers may appropriately use race as one factor among others in deciding whom to stop

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