Crim B3Crim B3

INTRODUCTION TO THE LAW OF

EVIDENCE Arrest & Probable

Cause

INTRODUCTION TO THE LAW OF

EVIDENCE Arrest & Probable

Cause

OVERVIEW OF THE CRIMINAL JUSTICE PROCESS

OVERVIEW OF THE CRIMINAL JUSTICE PROCESS

Observation or report Observation or report of a crimeof a crime

InvestigationInvestigation *Arrest* *Arrest* ProsecutionProsecution TrialTrial SentencingSentencing AppealAppeal Service of sentenceService of sentence ReleaseRelease

The Beginning of the ProcessThe Beginning of the Process

The criminal process The criminal process most often begins with an most often begins with an arrest. arrest.

An officer can arrest an An officer can arrest an individual only if individual only if probable cause probable cause exists.exists.

Probable CauseProbable Cause

Probable cause to arrest Probable cause to arrest exists when—exists when—

a police officer has enough a police officer has enough evidenceevidence to lead a to lead a

reasonable person reasonable person to believe to believe that a that a crime has been crime has been

committed committed and and that the that the suspect was the one suspect was the one

who committed who committed the crime. the crime.

The Constitutional Requirement of Probable Cause

The Constitutional Requirement of Probable Cause

An officer possessing probable cause may arrest An officer possessing probable cause may arrest the suspect without a warrant, (unless the suspect the suspect without a warrant, (unless the suspect is in his or her home). is in his or her home).

Alternatively, the officer can obtain a warrant Alternatively, the officer can obtain a warrant from a court authorizing arrest of the suspect at from a court authorizing arrest of the suspect at home, if the officer can show sufficient probable home, if the officer can show sufficient probable cause. cause.

Arrests and Probable CauseArrests and Probable Cause

Arrests made by police Arrests made by police on patrol are made on patrol are made without a warrant without a warrant because of the need for a because of the need for a speedy response. speedy response.

Warrants are usually Warrants are usually obtained during an obtained during an investigation of a crime.investigation of a crime.

The Initial Role of the ProsecutorThe Initial Role of the Prosecutor The prosecutor will decide The prosecutor will decide

whether or not to proceed whether or not to proceed with the charges against with the charges against the defendantthe defendant. .

After arrest, the prosecutor After arrest, the prosecutor will file a charge against will file a charge against the defendant if the the defendant if the prosecutor is satisfied that prosecutor is satisfied that the evidence is sufficient the evidence is sufficient to support the charge and to support the charge and that the case is worthy of that the case is worthy of prosecution. prosecution.

The Criminal ComplaintThe Criminal Complaint The law enforcement The law enforcement

officer has the officer has the responsibility of responsibility of filing the criminal filing the criminal complaint whether in complaint whether in advance of an arrest advance of an arrest in order to obtain an in order to obtain an arrest warrant, or arrest warrant, or after an arrest is after an arrest is made without a made without a warrant.warrant.

The AffidavitThe Affidavit

The The complaint complaint charges the defendant with a charges the defendant with a particular crime and is supported by an particular crime and is supported by an affidavit, a written statement sworn under affidavit, a written statement sworn under oath, in which the officer states the facts oath, in which the officer states the facts within his or her personal knowledge that within his or her personal knowledge that support the complaint.support the complaint.

BailBail

Most suspects are entitled to release after Most suspects are entitled to release after arrest and booking, either on the accused's arrest and booking, either on the accused's own recognizance own recognizance or on or on bailbail. .

In less serious cases, this release can be In less serious cases, this release can be approved by the police. approved by the police.

In more serious cases, a judge decides In more serious cases, a judge decides conditions for release at the initial conditions for release at the initial appearance.appearance.

Plea BargainingPlea Bargaining Following arrest, either before or after charges have been Following arrest, either before or after charges have been

made, counsel for the accused and the prosecutor may made, counsel for the accused and the prosecutor may meet and discuss the charges to be filed against the meet and discuss the charges to be filed against the accused and whether the accused will enter a plea of guilty accused and whether the accused will enter a plea of guilty or not guilty. or not guilty.

These discussions are called plea negotiations or plea These discussions are called plea negotiations or plea bargaining. bargaining.

Plea negotiations resolve approximately 90 % of all Plea negotiations resolve approximately 90 % of all prosecutions filed. prosecutions filed.

Plea negotiations may result in a reduction of the original Plea negotiations may result in a reduction of the original charge, which reduces the level of penalty that the judge charge, which reduces the level of penalty that the judge may impose upon the accused (based on the evidence).may impose upon the accused (based on the evidence).

If charges aremade, at the initial appearance—

If charges aremade, at the initial appearance—

The judge will determineThe judge will determine: : (1) that the crime is properly charged (i.e., that all (1) that the crime is properly charged (i.e., that all

required elements are alleged);required elements are alleged); (2) that the right person has been named as the (2) that the right person has been named as the

defendant;defendant; (3) that there is a reasonable basis (probable (3) that there is a reasonable basis (probable

cause) for the charges;cause) for the charges; (4) whether the accused has or needs counsel; and (4) whether the accused has or needs counsel; and (5) what bail or other conditions for release (5) what bail or other conditions for release

pending trial will be set.pending trial will be set.

The Preliminary HearingThe Preliminary Hearing

The preliminary hearing is the stage in which The preliminary hearing is the stage in which the judge considers the prosecution's case to the judge considers the prosecution's case to decide whether there is probable cause to decide whether there is probable cause to believe the defendant committed the crimes believe the defendant committed the crimes charged. charged.

If so, the defendant is If so, the defendant is held to answer held to answer to formal to formal charges in the form of an charges in the form of an InformationInformation..

The Indictment or the InformationThe Indictment or the Information

The grand jury The grand jury indicts.indicts. The prosecutor files an The prosecutor files an

informationinformation.. Each will formally Each will formally

charge the defendant.charge the defendant.

The Grand Jury:A Workable Definition

The Grand Jury:A Workable Definition

A grand jury is a panel of A grand jury is a panel of persons chosen through persons chosen through strict court procedures to strict court procedures to review a criminal review a criminal investigation and, in some investigation and, in some instances, to conduct instances, to conduct criminal investigations. criminal investigations.

Grand juries decide whether Grand juries decide whether to charge crimes in the cases to charge crimes in the cases presented to them or presented to them or investigated by them.investigated by them.

Felonies and Grand JuriesFelonies and Grand Juries

In the federal system, felonies are still In the federal system, felonies are still prosecuted by indictment of a grand jury. prosecuted by indictment of a grand jury.

After the police investigate a crime, the case After the police investigate a crime, the case is presented by the prosecutor to the grand is presented by the prosecutor to the grand jury.jury.

California is one or the otherCalifornia is one or the other, not both., not both.

Information vs. IndictmentInformation vs. Indictment

If not brought to the grand jury, felony If not brought to the grand jury, felony cases are prosecuted by the filing of a cases are prosecuted by the filing of a formal charge, an formal charge, an InformationInformation, by the , by the prosecutor. prosecutor.

The Information is a document on which the The Information is a document on which the formal charge appears, that is signed by the formal charge appears, that is signed by the prosecutor.prosecutor.

AutomobilesAutomobiles

Carroll Doctrine Carroll Doctrine ““Reduced” Expectation of PrivacyReduced” Expectation of Privacy Mobile (Evidence can drive away)Mobile (Evidence can drive away)

Vehicle SearchesVehicle Searches

Pursuant to a lawful search warrantPursuant to a lawful search warrant Consensual searchConsensual search Incidental to an arrestIncidental to an arrest Seizure of the vehicle involved in crimeSeizure of the vehicle involved in crime Probable cause to believe vehicle contains Probable cause to believe vehicle contains

seizable propertyseizable property

Carroll DoctrineCarroll Doctrine

Mobility of the vehicleMobility of the vehicle Easily movedEasily moved Evidence could be lost if officer attempts to Evidence could be lost if officer attempts to

secure search warrantsecure search warrant Probable cause to believe vehicle contains Probable cause to believe vehicle contains

items involved in a crimeitems involved in a crime

Search WarrantsSearch Warrants

Order signed by magistrate Order signed by magistrate commanding a peace officer to commanding a peace officer to

search a particular place for search a particular place for particular property related to particular property related to suspected criminal behavior.suspected criminal behavior.

Search WarrantsSearch Warrants

Must establish probable cause for the searchMust establish probable cause for the search

Warrant must be executed and returned Warrant must be executed and returned within 10 days from date of issuancewithin 10 days from date of issuance

Bound by “knock and notice” requirementsBound by “knock and notice” requirements

ArrestsArrests

The taking of a person into custody, in a The taking of a person into custody, in a case and in the manner authorized by law. case and in the manner authorized by law. An arrest may be made by a peace officer An arrest may be made by a peace officer or by a private person. (P.C. 834) or by a private person. (P.C. 834)

Elements of a Lawful ArrestElements of a Lawful Arrest

Person who can arrest:Person who can arrest: A peace officerA peace officer A private personA private person

Probable Cause RequirementsProbable Cause Requirements

Before you can arrest a person for a suspected Before you can arrest a person for a suspected crime, or search for and seize objects or property, crime, or search for and seize objects or property, you must have probable cause.you must have probable cause.

DefinitionDefinition

Probable cause is a group of facts and the totality Probable cause is a group of facts and the totality of circumstances that would generate a reasonable of circumstances that would generate a reasonable belief that the suspect has committed a crimebelief that the suspect has committed a crime

Probable Cause for ArrestProbable Cause for Arrest

ExampleExampleAfter a young child’s body was found in a dry After a young child’s body was found in a dry creek bed, evidence supported rape and murder. creek bed, evidence supported rape and murder. Officers questioned a known sex offender at his Officers questioned a known sex offender at his home based on home based on reasonable suspicion reasonable suspicion supported by supported by the fact that his vehicle was similar to a vehicle the fact that his vehicle was similar to a vehicle seen near the site where the body was found. seen near the site where the body was found. Further investigation revealed tire track matches. Further investigation revealed tire track matches. He attempts to flee by. The above and other facts He attempts to flee by. The above and other facts lead to lead to probable cause probable cause for arrest of the suspect. for arrest of the suspect.

Elements of a Lawful ArrestElements of a Lawful Arrest

How an arrest isHow an arrest is made:made: Actual restraint Actual restraint of the personof the person Submission Submission by the person to the custody of the by the person to the custody of the

officerofficerReasonable force: TReasonable force: The law permits an officer to he law permits an officer to use a level of force that is use a level of force that is reasonable and reasonable and necessarynecessary to arrest a suspect, prevent his escape, to arrest a suspect, prevent his escape, or overcome resistanceor overcome resistance

Peace Officer’s Authority to ArrestPeace Officer’s Authority to Arrest

Warrant Arrest:Warrant Arrest:A peace officer may make an arrest in obedience A peace officer may make an arrest in obedience to an to an arrest warrantarrest warrant. An arrest warrant is an . An arrest warrant is an order in writing signed by a judge or magistrate, order in writing signed by a judge or magistrate, directed to and commanding a peace officer to directed to and commanding a peace officer to arrest the person named in the warrant for the arrest the person named in the warrant for the offense named in the warrant. offense named in the warrant.

Peace Officer’s Authority to ArrestPeace Officer’s Authority to Arrest

Warrantless ArrestWarrantless Arrest

A peace officer may make an arrest A peace officer may make an arrest without a without a warrantwarrant when one of the following occurs: when one of the following occurs:

A crime is committed in the officer’s presence. A crime is committed in the officer’s presence. The officer’s presence extends to what any of his The officer’s presence extends to what any of his five senses can detectfive senses can detect

The person committed a felony though not in the The person committed a felony though not in the officer’s presence officer’s presence

Peace Officer’s Authority to ArrestPeace Officer’s Authority to Arrest

Warrantless Arrest Cont.Warrantless Arrest Cont. The officer has probable cause to believe a suspect has The officer has probable cause to believe a suspect has

committed a felony, whether or not a felony has actually committed a felony, whether or not a felony has actually been committed.been committed.

The officer has probable cause to believe the person has The officer has probable cause to believe the person has acted in violation of a protective order (as in domestic acted in violation of a protective order (as in domestic violence situations)violence situations)

The officer has probable cause to believe a juvenile has The officer has probable cause to believe a juvenile has committed a misdemeanor while not in the officer’s committed a misdemeanor while not in the officer’s presencepresence