Legal Issues in Criminal Investigation: Understanding Due Process and Police Guidelines

1. Criminal Justice 2011 • Chapter 2: LEGAL ISSUES IN CRIMINAL INVESTIGATION Class Name,Instructor Name Date, Semester

2. CHAPTER SUMMARY Summarize the due process rights provided by the Constitution. 2.1 Summarize the legal guidelines police must follow for searches, seizures, and arrests. 2.2 Describe the process of obtaining and executing a search warrant. 2.3 Explain when warrantless searches are authorized. 2.4 Summarize when the use of force is permitted. 2.5

3. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome • 2.1 Summarize the due process rights provided by the Constitution.

4. 2.1 Due Process Rights prior to arrest Rights during arrest including the use of force Rights during hearings and trials The right to appeal conviction and against cruel and unusual punishment

5. 2.1 Rights provided by the Constitution The Criminal Justice System Operates within these Key Amendments… 4th Amendment 6th Amendment 5th Amendment The right to confront their accuser and the right to counsel Search and Seizure AND the Use of Force Self-Incrimination, and Miranda

6. 2.1 Due Process –the Fourteenth Amendment Due Process Passed in 1868 Equal Protection Extended to all Fourteenth Amendment

7. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome • 2.2 Summarize the legal guidelines police must follow for searches, seizures, and arrests.

8. 2.2 4th Amendment

9. 2.2 Arrests Stop-and-frisk Seizures Search 4th Amendment

10. 2.2 Photo placeholder All police searches generally require warrants

11. 2.2 Arrests Police officers must have probable cause to make an arrest Photo placeholder

12. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome • 2.3 Describe the process of obtaining and executing a search warrant.

13. 2.3 Search Warrant Neutral Magistrate Particularity Probable Cause

14. 2.3 The Search Warrant Process Photo placeholder

15. 2.3 The Search Warrant Process Photo placeholder

16. 2.3 The Search Warrant Process Photo placeholder

17. 2.3 The Search Warrant Process Photo placeholder

18. 2.3 The Search Warrant Process Photo placeholder

19. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome • 2.4 Explain when warrantless searches are authorized.

20. 2.4 Warrant Exceptions Searches Incident to Arrest Consent Searches Exigent Circumstances Searches or Emergency Searches Vehicle Searches

21. 2.4 Warrant Exceptions Plain View Searches Open-field Searches Stop and Frisk “The Terry Stop”

22. 2.4 Stop and Frisk

23. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome • 2.5 Summarize when the use of force is permitted.

24. 2.5 The Use of Force Three Justifications of Force Self-Defense and Defense of Others Defense of Property Make an arrest

25. 2.5 Arrest

26. 2.5 Law Enforcement Use of Force Photo placeholder Photo placeholder Photo placeholder

27. 2.5 Law Enforcement Force Model Verbal instruction and commands Empty Hand Control Measures Intermediate and Less-Lethal Weapons Deadly Force

28. 2.5 Deadly Force! Intent to use The weapon Weapon Delivery system Deadly force authorized

29. CHAPTER SUMMARY Summarize the due process rights provided by the Constitution. 2.1 Summarize the legal guidelines police must follow for searches, seizures, and arrests. 2.2 Describe the process of obtaining and executing a search warrant. 2.3 Explain when warrantless searches are authorized. 2.4 Summarize when the use of force is permitted. 2.5