law & justice chapter 12 criminal investigations

Law & JusticeLaw & Justice

Chapter 12Chapter 12

Criminal InvestigationsCriminal Investigations


ArrestArrest Takes place when a person Takes place when a person

suspected of a crime is taken into suspected of a crime is taken into custodycustody

Under the fourth amendment, an arrest Under the fourth amendment, an arrest is considered a seizure and therefore is considered a seizure and therefore must be reasonablemust be reasonable


A Person can be arrested in one A Person can be arrested in one of three waysof three ways An arrest warrantAn arrest warrant

Court order demanding that the person Court order demanding that the person named in it be taken into custodynamed in it be taken into custody

A complaint is sworn to by either an A complaint is sworn to by either an officer or a victimofficer or a victim

Judge must find that there is probable Judge must find that there is probable cause to believe that an offense has cause to believe that an offense has been committed and that the accused been committed and that the accused committed itcommitted it


Probable CauseProbable Cause An officer has a reasonable belief that a An officer has a reasonable belief that a

specific person has committed a crimespecific person has committed a crime Officers must often use their judgment Officers must often use their judgment

when making probable cause arrestswhen making probable cause arrests PC is the most common type of arrestPC is the most common type of arrest


Drug courier profileDrug courier profile Recent findings by courts have allowed Recent findings by courts have allowed

this type of ‘arrest’this type of ‘arrest’ Specific profile used to provide a basis Specific profile used to provide a basis

to stop and question a person orto stop and question a person or Help establish probable cause for Help establish probable cause for

arrestarrest profiles are based upon the following:profiles are based upon the following:

typical age, race, personal appearance, typical age, race, personal appearance, behavior, and mannerismsbehavior, and mannerisms


InformantsInformants Police often rely upon informants to give Police often rely upon informants to give

them information pertaining to criminal them information pertaining to criminal actsacts

Officers can then approach a judge to Officers can then approach a judge to obtain an arrest warrantobtain an arrest warrant

Judges consider numerous factors in these Judges consider numerous factors in these casescases

has the informant provided reliable information has the informant provided reliable information in the pastin the past

how the information was obtainedhow the information was obtained whether or not the police can corroborate whether or not the police can corroborate

(confirm) the informants tip with other (confirm) the informants tip with other informationinformation


Reasonable SuspicionReasonable Suspicion Needed by officers to stop and Needed by officers to stop and

question individualsquestion individuals Based on even less information Based on even less information

than probable causethan probable cause Must be more than just a ‘hunch’Must be more than just a ‘hunch’

Criminal InvestigationsCriminal Investigations Stop and FriskStop and Frisk

Reasonable suspicion that a suspect could be armed Reasonable suspicion that a suspect could be armed allows officers to frisk an individual to ensure allows officers to frisk an individual to ensure personal safetypersonal safety

Even without suspicion or probable cause, an officer Even without suspicion or probable cause, an officer may approach any individual and ask to speak with may approach any individual and ask to speak with him or herhim or her

The person may decline and continue their activityThe person may decline and continue their activity Officer is not legally permitted to take the person’s Officer is not legally permitted to take the person’s

silence or departure into account in determining silence or departure into account in determining probable causeprobable cause

HOWEVER!HOWEVER! In all states if the person runs from police after In all states if the person runs from police after

being asked for identification, that flight gives the being asked for identification, that flight gives the officer suspicion to stop and detain that individualofficer suspicion to stop and detain that individual


Most common type of arrest Most common type of arrest (seizure)(seizure) Traffic stopTraffic stop

The driver of the vehicle is technically The driver of the vehicle is technically under arrest and is not free to leave under arrest and is not free to leave unless released by the officerunless released by the officer


Use of ForceUse of Force Officers may use as much physical Officers may use as much physical

force as is reasonably necessary to force as is reasonably necessary to make an arrestmake an arrest

Deadly force may only be used when Deadly force may only be used when the officer believes himself or another the officer believes himself or another to be in imminent danger of serious to be in imminent danger of serious bodily injury or deathbodily injury or death


Search and SeizureSearch and Seizure The fourth amendment only The fourth amendment only

protects people from protects people from unreasonableunreasonable searchessearches

Officers may search under different Officers may search under different circumstancescircumstances

Criminal InvestigationsCriminal Investigations With a warrantWith a warrant

A warrant is a court order A warrant is a court order It is obtained by a judge who is convinced It is obtained by a judge who is convinced

there is a bona fide need to search a there is a bona fide need to search a person or a placeperson or a place

Before a judge issues a warrant, Before a judge issues a warrant, someone, usually a police officer files an someone, usually a police officer files an affidavitaffidavit

A sworn statement of facts and circumstances A sworn statement of facts and circumstances that provides probable causethat provides probable cause

Once the warrant is obtained it must be Once the warrant is obtained it must be used within the specified amount of time, used within the specified amount of time, and executors must follow the and executors must follow the parameters describedparameters described


Without a warrantWithout a warrant Search incident to arrestSearch incident to arrest

Allows police to search an arrested suspect and Allows police to search an arrested suspect and the immediate area around them for hidden the immediate area around them for hidden weapons or evidenceweapons or evidence

ConsentConsent Police can search when a person voluntarily Police can search when a person voluntarily

agreesagrees Sometimes you can give permission to search Sometimes you can give permission to search

another person’s propertyanother person’s property parent can give permission to search a child’s parent can give permission to search a child’s

roomroom


Plain viewPlain view If an object connected with a crime is in If an object connected with a crime is in

plain view and can be seen from a plain view and can be seen from a place where an officer has a right to be place where an officer has a right to be it can be seized without a warrantit can be seized without a warrant

Hot PursuitHot Pursuit Police in hot pursuit of a suspect are Police in hot pursuit of a suspect are

not required to get a search warrant not required to get a search warrant before entering a building that they before entering a building that they have seen the suspect enterhave seen the suspect enter

it is lawful to seize anything visible under it is lawful to seize anything visible under plain view in this instanceplain view in this instance


Emergency situationsEmergency situations Police may enter property when time Police may enter property when time

does not permit getting a warrantdoes not permit getting a warrant bomb threat, hearing screams from a house, bomb threat, hearing screams from a house,

smelling or seeing smoke from a buildingsmelling or seeing smoke from a building

Border and airport searchesBorder and airport searches Customs agents may search without a Customs agents may search without a

warrant and without probable causewarrant and without probable cause


Public School SearchesPublic School Searches Supreme Court has upheld that Supreme Court has upheld that

although students have a reasonable although students have a reasonable expectation of privacy – the school only expectation of privacy – the school only needs a reasonable suspicion to needs a reasonable suspicion to conduct a search of a student or that conduct a search of a student or that student’s property at schoolstudent’s property at school


Suspicion-less searchesSuspicion-less searches Limited circumstances as outlined by Limited circumstances as outlined by

the supreme courtthe supreme court Border checkpointsBorder checkpoints DUI checkpointsDUI checkpoints Drug checkpointsDrug checkpoints

Racial ProfilingRacial Profiling The inappropriate use of race as a The inappropriate use of race as a

factor in identifying people who may factor in identifying people who may break or have broken the lawbreak or have broken the law


Interrogations and ConfessionsInterrogations and Confessions After an arrest it is common practice to After an arrest it is common practice to

question or interrogate a suspectquestion or interrogate a suspect Interrogations often result in Interrogations often result in

confessions or admissionsconfessions or admissions these can be used in trialthese can be used in trial

Criminal InvestigationsCriminal Investigations Fifth AmendmentFifth Amendment

Provides protection against self incriminationProvides protection against self incrimination This means that a suspect cannot be forced to This means that a suspect cannot be forced to

testify against themselvestestify against themselves This protection rests on a basic legal principleThis protection rests on a basic legal principle

the government bears the burden of proof and the the government bears the burden of proof and the suspect is not required to help the government suspect is not required to help the government prove anythingprove anything

Confessions are not admissible if it is obtained after Confessions are not admissible if it is obtained after a defendant’s request to talk to an attorney is a defendant’s request to talk to an attorney is denieddenied

Confessions are not admissible if they are not Confessions are not admissible if they are not voluntary and trustworthyvoluntary and trustworthy

Physical force, torture, threats and other forcible Physical force, torture, threats and other forcible techniques will invalidate a confessiontechniques will invalidate a confession


Miranda WarningsMiranda Warnings Established in 1966 Miranda v. ArizonaEstablished in 1966 Miranda v. Arizona

Inform suspects of their right to remain silent Inform suspects of their right to remain silent and to have an attorney present for questioningand to have an attorney present for questioning

The police DO NOT have to give you Miranda The police DO NOT have to give you Miranda warnings when you are arrestedwarnings when you are arrested

exceptions to Miranda can be found in the exceptions to Miranda can be found in the interest of public safetyinterest of public safety

police officer arrested a man who ran into a police officer arrested a man who ran into a store after committing rape. They asked the store after committing rape. They asked the man where his gun was before giving him his man where his gun was before giving him his Miranda warning. The man indicated that the Miranda warning. The man indicated that the gun was on a nearby shelf. The supreme court gun was on a nearby shelf. The supreme court held that police may ask questions related to held that police may ask questions related to public safety before Miranda.public safety before Miranda.

law & justice chapter 12 criminal investigations

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