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Criminal JusticeCriminal JusticeA Brief IntroductionA Brief Introduction
CHAPTER
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
ELEVENTH EDITION
Policing: Legal Aspects
5
Copyright © 2016, 2014, 2012 by Pearson Education, Inc.All Rights Reserved
Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
TABLE 5-1 Constitutional Amendments of Special Significance to the American System of Justice
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Individual RightsIndividual Rights
• Due Process Requirements Evidence and investigation (search and
seizure) Arrest Interrogation
continued on next slide
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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
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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Burger Court (1969-1986) and The 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Good-Faith Exceptions to the Good-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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Good-Faith Exceptions to the Good-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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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 Property Emergency 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 Property Emergency 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
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 at The 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 Miranda Suspect 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 Miranda Suspect 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
Suspect Rights: The Miranda Suspect 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 Communications The 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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Criminal Justice: A Brief Introduction, 11eFrank Schmalleger
The Electronic Communications The 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
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