CRJU - 300 Exam #2

Types of Enforcement Laws

1. Substantive

2. Procedural

Substantive Laws

Laws defining elements of criminal behavior.

Procedural Laws

Laws defining enforcement behavior of police and other public officials.

**laws for law enforcement not citizens** 

most concern search & seizure of citizens

Weeks vs. U.S. (1914)

1. Warrantless search for ‘gambling materials’ at Weeks’ home

2. Formed the basis of the Exclusionary Rule

3. Evidence seized illegally cannot be used in trial

4. Must have warrant to conduct searches or make arrests

5. Applied to federal level only

Mapp vs. Ohio

1. Made Exclusionary Rule cases apply to state and local law enforcement through due process clause of 14th Am.

2. Entered Mapp’s home with ‘fake warrant’ and found materials that were not the subject of the search.

Fruit of the Poisonous Tree

Silverthorne Lumber Co. vs. U.S. (1920)

Evidence which is derived from an illegal search cannot be used at trial

Once the process becomes tainted, all fruit resulting from that process becomes tainted.

**Initially applied to Feds only

Silverthorne Lumber Co. vs. U.S. (1920)

Feds conducted warrantless search to obtain documents leading to other documents.

Led to the Fruit of the Poisonous Tree Doctrine.

4th Amendment

The right of the people to be secure in their persons, house, papers, & effects against unreasonable searches & seizures.

1. Relates to police searches and arrests  

2. Guarantees right to privacy  

3. Hierarchy of privacy  

   • Person -> house -> papers -> effects  

5th Amendment

• Indictment by a grand jury before any criminal charges for felonious crimes

• Prohibition on double jeopardy

• Right against forced self-incrimination

• Guarantee of a fair trial for all criminal defendants

6th Amendment

• Right to a Speedy Trial: Defendants have the right to a trial that occurs without unnecessary delays.

• Right to a Public Trial: Trials must be open to the public to ensure transparency.

• Right to an Impartial Jury: Defendants are entitled to a jury that is unbiased and fair.

• Right to Know Accusations: Defendants have the right to be informed of the charges against them and the evidence presented.

• Right to Legal Counsel: Individuals have the right to be represented by a lawyer during their trial.

Miranda Rights

1. Must be issued upon arrest

2. Protection provided by

   1. 5th Am. (self-incrimination)

   2. 6th Am. (legal representation)

3. Must be given to both adults and children

Warrantless Search (**Heavy in Exam**)

• Exceptions to 4^th amendment, generally based on “time is of the essence” considerations

  • Evidence destroyed 

  • Someone gets hurt 

  • Suspect could escape  

Types of Warrants

1. Knock

2. No-Knock

3. Anticipatory

4. Sneak & Peak

5. FISA (Foreign Intelligence Surveillance Act)

Stop & Frisk

1. Police allowed to search ‘pat down style’ outside of clothing

   1. officer safety - weapons search

2. Requires reasonable suspicion

Terry vs. Ohio

Decision that ruled it constitutional for police conduct to conduct stop and frisks if they have reasonable suspicion that a person is armed and has been involved in some sort of crime.

U.S. vs. Robinson

Robinson was pulled over for driving with a revoked license. The officer proceeded to do a search of the defendant’s person where the officer found a cigarette pack with heroin inside.

Court ruled that a full search of a person during lawful arrest is an exception to a warrant and also a reasonable search under the 4th Am.

Motor Vehicle Exception

Any motor vehicle can be searched if:

1. probable cause

2. located where officer has legal access

3. anything considered ‘mobile’

4. Theory: Vehicle mobility - no time for warrant

5. scope limited to items being searched for

Exigent Circumstances

1. Any emergency (generally)

2. Imminent threat of death, GBI, substantial property damage

3. Destruction of evidence

4. Hot pursuit

5. Public safety & hazards

Special Circumstances

Times when the necessity of a warrant is depended on the situation.

1. Open fields

2. Abandoned property

3. Probation/parole searches

4. Border searches

5. Patriot Act searches

6. Unmanned drones

Arrest Warrant

1. Same circumstances as search warrant

2. Issued based on probable cause

3. may enter any location and search if ‘reasonably certain’ fugitive is there

4. John Doe Warrant (no name required - uses DNA profile - puts hold on statute of limitations)

Good Faith Exception

1. U.S. vs. Leon

2. If officer believes warrant is valid (or operating according to the law) and later discovers a mistake was made - evidence may be allowed in court.

U.S. vs. Leon

Court case that established the ‘Good Faith Exception’ to the 4th Am. Exclusionary Rule

Officers executed a valid search warrant based on evidence but later determined that the warrant lacked probable cause.

On-Off Rule

Exert rights in questioning situation you must be positive in your language regarding decisions

“I want to” vs. “i think I want to” 

Types of Bail

1. Cash Bail

2. Bail Bonds (cash, surety, property)

3. Own Recognizance (OR)

4. Conditional Release

Civil Law

Victim: Individual

Quantum of Evidence: Evidence required for civil cases; typically a preponderance of the evidence

Punishment: $

Age: None

Level of Knowledge: Intentional/Unintentional

• Criminal Law

Victim: Society

Quantum of Evidence - Beyond a Reasonable Doubt

Punishment: Loss of liberty/life/money

Age: Mental maturation (CA 14yrs)

Seriousness: Infraction, misdemeanor, felony

Penal Code 601 (Juvenile)

Status Offense

Penal Code 602 (Juvenile)

Delinquent Offense

Legal requirements to prove a felony

1. Mens Rea (intent)

2. Actus Reus (act)

Types of Intent

1. General (i.e. trespassing)

2. Specific (i.e. murder)

Difference between murder and homicde

Intent

Types of Homicide

1. Criminal / Legal

2. Non-Criminal / Illegal

Degrees of Murder

First & Second

Types of Manslaughter

1. Voluntary

2. Involuntary

Magic 50/50 Rule

50% of robberies are strong armed and 50% of robberies are armed

Larceny

Theft of property and/or money without force or fear

Types of Larceny

1. Grand (Value over $950 at time of offense)

2. Petty (Value under $950 at time of offense)

Assault

Intent to commit harmful or offensive touching.

Battery

Harmful or offensive touching.

Insanity Defense

1. Total absence of mens rea 

2. Psychosis: total detachment from reality  

3. Paranoid schizophrenic  

4. Something that is blocking ability to formulate intent  

Diminished Capacity Defense

1. Not capable of formulating full mens rea 

2. I.e. Twinkie defense

3. No longer exists in CA  

   1. Changed the penal code for this 

      1. Now called the actuality defense  

Levels of Contact by Police

1. Consensual Encounter (no 4th Am. protection)

2. Detention (4th Am. protection- Requires reasonable suspicion)

3. Arrest (4th Am. protection)

Detention

• Requires reasonable suspicion

• Individual either implicitly or explicitly feels they are not free to leave the presence of the officer 

• Can detain for “reasonable time”

Requirements for Detention

• Detainee sked to identify self to officer (in CA can arrest for ID refusal) 

• Name Address DOB etc. 

• Recently: fingerprints in lieu of ID 

• Detainee not required to answer ‘crime’ related questions 

• Purpose: to investigate  

  • California is not a ‘stop and show’ state 

Burglary

Trespassing onto the property of another with the intent to commit a felony (residential, commercial, car).

Involuntary Manslaughter

1. Criminal homicide

2. Unplanned; unintentional

3. Negligent Intent

4. Reasonable person would have known what might have occurred

Voluntary Manslaughter

1. Criminal Homicide (No Malice)

2. Intentional killing where offender had no prior intent to kill (i.e. “heat of passion” crimes)

3. Unplanned

4. Reckless intent

2 Types of Searches

1. Warrant Searches: Require warrant issued by court

2. Warrantless Search: Exceptions to the 4th Am. - generally based on ‘time is of the essence’ situations

Knock Warrant

Standard entry for searches

Officers announce their presence before entering - gives chance for suspect to comply

No Knock Warrant

Emergency or high risk situations

Officers enter without announcing

Used in situations where suspect may destroy evidence, escape, or pose a threat to officers

Anticipatory Warrant

Issued when a crime is expected to happen

No evidence present currently, but it WILL be there

Sneak & Peak Warrant

Officer enters before giving notice

Used when giving notice could cause harm/put situation in jeopardy.

FISA (Foreign Intelligence Surveillance Act) Warrant

The only search that requires no warrant

Used to monitor potential foreign agents and spies

Incredibly classified

Consenting to Search

MUST be voluntary and informed

Consenting to Search CANNOT be:

1. Juvenile

2. Intoxicated

3. Mentally impaired

4. Not in the process of facing resisting arrest charge

5. No authority (i.e. landlords, bosses, fighting couples)

6. No coercion

7. Consent can be denied at any time

Search Incident to Arrest

Arrest must be based on probable cause

Any arrest (even misdemeanor)

Must be immediately following arrest and scope is limited to immediate area within suspect control (typically one ‘lunge’ distance)

Theory: officer safety; prevent destruction of property and suspect escape

Other Vehicle Search: Tow vs. Impound

Tow: vehicle is in the possession of the government
Impound: Vehicle is used as evidence

When a Vehicle is Towed:

Inventory is taken

Anything found during inventory can be used as evidence

Plain View

Objects must be immediate and apparent

Nothing can be moved/removed

Certain technology can/cannot be used

Does not need to be accidental but cannot be deceptive

Plain sight, smell, touch, hearing

Compare/Contrast Civil and Criminal Courts

Same courts with different procedures and outcomes.

Penal Code

Code that highlights each crime’s elements

If all elements of the crime are not provable then no crime has occurred

Consensual Encounter

• Perceived as friendly/casual contact between officer and individual

• Individual can leave at any time

• No reasonable suspicion needed

• Nervousness/lying can raise reasonable suspicion

Reasonable Suspicion

• Generally required for police detention

• Reason to suspect a crime has or is about to be committed

• Based on

  • Officer experience

  • Totality of circumstances

Obtaining a Search Warrant

1. File an affidavit containing:

   • Desc. of location being searched

   • Desc. of person to be searched

   • Desc. of items to be searched for

   • Probable cause statement

   • Offender profile

Waivers to Miranda Rights

• Must be knowing & intelligent

• Do you understand rights?

• Do you wish to answer questions?

• Do you wish to answer questions without a lawyer present?

  • For children: do you wish to answer questions without a parent/guardian present?

General Intent

Where intent is implied by the action

i.e. assault, battery, rape, trespassing

Specific Intent

Intent that goes beyond the act

i.e. trespassing → burglary

Felony Classifiactions

1. Purposefully

2. Knowingly

3. Recklessly

4. Negligently

Purposeful Intent

If the act was the intended objective.

100% certain that the result was the goal.

Knowledgeable Intent

There was a very high probability that the result would occur as a consequence of the action.

Reckless Intent

There was a substantial probability that the result would occur but there was a conscious disregard or unjustifiable risk.

Would a normal reasonable person do this?

Negligent Intent

Should have known result or risk.

Would a reasonable person have known the outcome could/would happen?

Homicide

Killing of a human being or fetus by act or omission

Criminal: Murder / Manslaughter

Non-Criminal: Justified / Excused ; self defense or death penalty

First Degree Murder

The unlawful killing of a person that is willing and premeditated.

**Key Words: planned; intentional

Second Degree Murder

Intentional killing, not premeditated

Knowledgeable intent

No malice aforethought

Robbery

Theft of property using force or fear

Victim must be aware of force or fear

2 Types:

• Armed robbery; Strong-armed robbery

Can be Street, “C” store, drug, bank, freight

Armed Robbery

Weapon is shown but not typically used/fired

50% of robberies

Strong Arm Robbery

No weapon, usually involves hitting, kicking, punching etc.

Snatch & Grab

1/3 victims have injuries

Release on Own Recognizance (OR)

Promise to show up to court for hearing

No history proving otherwise

Low level offenses

Conditional Release

Released from custody with specific conditions and its execution placed on arrestee.

Failure to meet conditions may result in re-arrest.

Cash Bond

1. A cash bond must be paid in full and in cash.

2. It can be refunded once the case is completed, as long as there are no outstanding fees, restitution, or fines.

3. Cash bail is used as a guarantee that a defendant will return for trial or hearings, and the money is returned after all necessary court appearances.