Chapter 8 CJS

Chapter 8: Police and the Rule of Law

Learning Objectives

• L01: Define search and arrest.

• L02: Distinguish between search warrants and arrest warrants.

• L03: Explain when warrants are required.

• L04: Recognize that there are three requirements that must be met before a warrant can be secured.

• L05: Explain the rules for serving warrants.

• L06: Discuss several types of warrantless searches and arrests.

• L07: Explain the Miranda v. Arizona decision.

• L08: Identify what purpose a lineup serves.

• L09: Discuss the exclusionary rule, including its extensions and exceptions.

Police and the Courts

• The role of police in gathering evidence includes deciding whether to use surveillance, gather information for search warrant requests, and determining the legality of searches and arrests.

• Law enforcement must operate within the restrictions set by the Constitution, particularly the Fourth Amendment which deals with unreasonable searches and seizures and the procedures for obtaining warrants.

Search and Seizure

• The Fourth Amendment states the right of the people to be secure against unreasonable searches and seizures and outlines the need for probable cause in securing warrants.

Defining a Search

• A search is defined as a government actor infringing on a person's reasonable expectation of privacy.

• Examples of situations considered not searches include:

  • Actions where officers do not infringe on privacy rights (e.g., looking in public spaces).

  • Abandonment of property (e.g., placing trash on the curb).

  • Searches of open fields.

Defining an Arrest

• An arrest occurs when a police officer takes a person into custody for allegedly committing a crime, depriving them of their freedom.

• Conditions for a legal arrest:

  • Sufficient evidence, or probable cause, must exist that a crime is being or has been committed.

  • The suspect must believe they are in police custody and cannot leave voluntarily.

Warrant Requirements

• Three Requirements for Warrants:

  1. Probable Cause: Must be based on reliable factual evidence.

  2. Neutral and Detached Magistrate: Issued by an impartial judge.

  3. Particularity: Warrants must specify the place to be searched and the items to be seized.

Types of Warrants

• Search Warrant: A judicial order directing a search of specified premises for specified objects.

• Arrest Warrant: A judicial order directing the arrest of a specific individual.

Warrantless Searches and Arrests

• There are exceptions that allow police to conduct searches and make arrests without warrants:

  • Exigent Circumstances: When immediate action is needed to prevent destruction of evidence.

  • Search Incident to Lawful Arrest: Searching a person at the time of arrest.

  • Consent Searches: When a person voluntarily agrees to a search.

  • Plain View Doctrine: If evidence is visible from a lawful vantage point.

  • Automobile Searches: Due to the inherent mobility of vehicles,

  • Field Interrogation (Stop and Frisk): Requires reasonable suspicion.

Technological Implications

• Advances in technology, such as electronic surveillance and through-wall radar, are influencing the legal landscape. Legal questions arise concerning privacy expectations, especially regarding communications and surveillance.

The Miranda Warning

• Miranda v. Arizona established the requirement for police to inform suspects of their rights during interrogations (e.g., right to an attorney, right against self-incrimination).

• The significance of Miranda rights is to protect the Fifth Amendment rights during police interrogations.

Exclusionary Rule

• The Exclusionary Rule prevents illegally obtained evidence from being used against a defendant in court.

• The rule has several exceptions, including good faith exceptions, and has been the subject of considerable legal debate regarding its implications and future.

Current Status of the Exclusionary Rule

• The status and application can fluctuate based on judicial interpretation and evolving legal standards.