Chapter 8 CJS

Police Procedures and Legal Factors

Search and Seizure

• Case Overview: Timothy Dickerson

  • Timothy Dickerson was stopped briefly by police for questioning.

  • A pat-down revealed a lump in his jacket pocket, which contained crack cocaine.

  • Resulted in arrest and a charge of drug possession.

  • Established the plain touch or plain feel doctrine, allowing officers to feel for weapons but limiting search extensions beyond what is necessary to identify weapons.

Limitation of the Plain Feel Doctrine

• Case: Bond v. United States

  • A federal agent squeezed a suspect's luggage and noted a suspicious "brick-like" object, leading to a search and subsequent discovery of methamphetamine.

  • Court of Appeals ruled it was not a search; however, the Supreme Court held this was a violation of the Fourth Amendment, reaffirming privacy rights in one's belongings.

Warrantless Arrests

• Police can arrest suspects without a warrant for non-witnessed felonies if probable cause exists.

• After a warrantless arrest, arrestees must be promptly taken before a magistrate.

• Case Overview: Riverside County v. McLaughlin

  • Established a 48-hour limit for detaining individuals arrested without a warrant before a probable cause hearing.

Noncriminal Acts and Arrests

• Case: Atwater v. City of Lago Vista

  • Gail Atwater was arrested for not wearing a seat belt, even though her violation was minor.

  • Supreme Court upheld that officers can arrest for traffic violations under state law, despite arguments about breach of peace vs state statute violations.

Warrantless Searches Overview

• Concept Summary 8.3

  • Types of Warrantless Searches:

    • Exigent circumstances: Limitless search if urgency exists.

    • Stop and Frisk: Pat-down of outer garments.

    • Search incident to arrest: Full body search following a lawful arrest.

    • Automobile search: Full search if probable cause exists.

    • Consent search: Valid if suspect consents.

    • Plain view: Objects can be seized if visible without warrant.

    • Crimes in presence of an officer: Valid grounds for arrest and search.

Electronic Surveillance

• Wiretapping: Enables interception of private conversations and evidence collection.

  • Requires court approval for legality (Federal Wiretap Act).

  • Controversy surrounding privacy rights and ethical implications of use.

Key Laws Restricting Surveillance

• Federal Wiretap Act: Requires warrants for real-time eavesdropping.

• FISA (Foreign Intelligence Surveillance Act): Regulates wiretaps on foreign suspects with lesser restrictions than domestic cases.

Miranda Rights

Overview of Miranda v. Arizona

• Rights Established:

  • Right to remain silent.

  • Right to have an attorney present during interrogation.

  • Protection from self-incrimination.

• Significant to protect against coercive police tactics during interrogation.

Miranda Warning Application

• Must be communicated before questioning.

• A suspect can waive rights but must do so voluntarily and knowingly.

• Invoking rights halts questioning until legal counsel is present.

Exceptions and Recent Rulings

• Silent suspects do not automatically invoke rights; must explicitly state desire to remain silent.

• Post-Miranda statements can be admissible even if prior statements were made without warnings if conditions are met.

• Public safety exceptions allow questioning without warnings if immediate need arises.

Pretrial Procedures

Booking Process

• Involves administrative procedures for recording the arrest, obtaining suspect information, and detention arrangements.

• Lineup Procedures:

  • Suspects may be identified through lineups or photo displays, with the right to counsel present for post-indictment lineups.

Exclusionary Rule

• Prohibits use of illegally obtained evidence during trial.

• Extended to include secondary evidence, termed fruit of the poisonous tree.

Revisions to Exclusionary Rule

• Exceptions:

  • Independent source exception: Allows evidence if discovered independent of constitutional violations.

  • Good faith exception: Evidence obtained under a warrant deemed valid despite errors may still be utilizable.

  • Inevitability: Evidence that would have been discovered legally is admissible, even if initially obtained through unlawful means.

Modern Trends and Future Considerations

• The exclusionary rule continues to be debated regarding its necessity against police overreach compared to public safety concerns.

• The Court's evolving rulings shape law enforcement operational protocols, enhancing or limiting their search and interrogation tactics.