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Expalin the Fourth Amendment.

Expalin the Fourth Amendment.


School: Sam Houston State University
Department: Engineering
Course: Introduction to the Criminal Justice System
Professor: Franklin
Term: Fall 2016
Tags: police, judiciary, prosecution, defense, and Law
Cost: 50
Name: Intro to Cj Study Guide
Description: This study guide covers detailed material that will be on our exam
Uploaded: 11/04/2016
11 Pages 176 Views 4 Unlocks

What is the difference between arrest and search warrants?

 How is an arrest defined?

How is a search defined and what is a person’s reasonable expectation of privacy?

CRIJ 2361: INTRODUCTION TO CRIMINAL JUSTICE EXAM 3 REVIEW GUIDE  Police and the Rule of Law  Know the protections afforded by the Fourth Amendment. How is a search defined and  what is a person’s reasonable expectation of privacy?  Search and Seizures   Fourth Amendment ∙ The Fourth AmendmWe also discuss several other topics like define hagfish
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ent of the U.S. Constitution provides, "[t]he right of the people  to be secure in their persons, houses, papers, and effects, against unreasonable  searches and seizures, shall not be violated, and no Warrants shall issue, but  upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." ∙ “reasonable cause” – Search and seizure must be reasonable ∙ “Warrants clause” list ∙ Search – Government actor infringes on person’s reasonable expectation of privacy  Be able to discuss the situations when a warrant is not necessary to search (abandoned  property, open fields, fly-overs).   Police action that is not considered a search ∙ Abandoned property ∙ California v. Greenwood (1988) ∙ Open fields unoccupied or undeveloped real property outside of a curtilage of a  home ∙ Fly-overs up to 10,000 feet – police do not need a warrant to conduct low altitude  helicopter over house ∙ Oliver V. U.S. (1984) – Person had fence up to 10 feet and police flew over to see  if there was marijuana growing  ∙ Florida v. Riley (1989) – used in court. Police flew 400 feet over a green house  and found drugs  Be able to distinguish between open fields and curtilage.   Distinguishes open field and curtilage ∙ Open Fields ♦ Parks ♦ Public streets ♦ Remote, unprotected area on private property ∙ Curtilage ♦ Yard surrounding house ♦ Fenced in and secure portions of private property ♦ No trespassing ♦ Secured out buildings  How is an arrest defined? What is the difference between arrest and search warrants? What  are the conditions when a warrant is necessary? Be familiar with the three warrant  requirements. When is a warrantless search justified (e.g., stop and frisk searches, search  incident to lawful arrest, vehicle searches, consent searchers, plain view searches)?  Define Arrest  A seizure under the 4th amendment   When police take an individual into custody  Deprives that individual of their freedom ∙ For having allegedly committed a crime  Legal Arrest Occurs:  Police have reasonable cause  Police deprive that individual of freedom  Suspect believes that he is in custody of police Search Warrants  Issued by a judge  Directs officer too conduct a search based on specific premises  The police are looking for an object  Arrest Warrants  Issued by a judge  Directs officer to arrest an individual  Warrant Requirements  Probable cause ∙ Reasonable belief, based on fact, that crime has been committed and that person,  place, or thing to be searched and or seized and linked to crime with a reasonable  degree of curiosity  Warrant must specify particularity  Warrant must state precisely ∙ Where the search is to take place ∙ What items are to be seized  Designed to curtail abuse  Under normal circumstances, police must obtain a warrant to conduct a search ∙ Exceptions – Warrantless Searches  Exigent circumstances – emergency and must happen  ∙ Can search without a warrant ♦ Kirk v. Louisiana (2002) – Police saw suspect dealing drugs. Without a  warrant, they went to the house, searched him, frisked him, and found drugs.  Evidence was used in court for a warrant, was NOT an emergency  Search and Incident to Lawful Arrest ∙ Warrantless search in conjunction with a legal arrest ∙ Two specific criteria ♦ Search must happen immediately after arrest ♦ The search is limited to the immediate control of suspect and for the safety and  people around the suspect  Chimmel v. California (1969)  Protect police from danger  Secure evidence  If arrest is invalid, search and any evidence collected is inadmissible in  court  Warrantless Searches and Arrests  Vehicle Searches  ∙ Must have probable cause ∙ United States v. Ross (1982) ♦ Determined that if there is probable cause that the vehicle is related to the  crime, then it can be searched ♦ During this search, the police can search any closed containers  Road Block Searches  Police are not allowed to do this   Delaware v. Crous (1979)  There must be individual suspicion or a systematic manner to the search ∙ Ex. Every green car, every SUV, etc.  Searching drivers and passengers ∙ If probable cause is present, the police may perform a “pat down” or individual  persons’ search  Hot Pursuit ∙ Could make a warrantless search Delay would ensure that lives, lives of others, lead to the escape of the perpetrator ∙ Danger of escape ∙ Threats to evidence ∙ Threats to others  Stop and Frisk Searches – Is legal but boundaries warrantless search ∙ Police, who are suspicious of individual, ran hands lightly over suspect’s outer  governments to determine if person is carrying a weapon ♦ Cant use frisk to find a stolen cell phone ∙ Two distinct components  ♦ Each one of these stops with contain a stop and frisk  Stop – briefly detain person and prevent crime as well as being able to  detect if they have a gun  Frisk – pat down, used to protect the officer, and is legal  Terry v. Ohio (1968) – Officer found a gun in suspects coat and  confirmed that they were going to rob an establishment  Pretext Stops (Whren v. U.S. 1996)  Police stop a driver because they are suspicious of more serious crime but without  probable cause so use pretext of minor traffic violation  Consent Searches  When the individual (Citizen) consents to a search  Per the law, the citizen must voluntarily give consent  Police are not required to tell you that you can say no to them asking to search  Is this still voluntary?  Second party consent  Can a person give consent for someone else? ∙ If it is a minor and the person giving consent is the legal guardian, then yes  Plain View Searches  A police officer can seize evidence if it is in plain view  Established in New York v. Class (1986) ∙ Police stopped a car for a traffic violation. ♦ Police are legally allowed to locate the vin number  ∙ While the officer was locating the vin, he noticed a gun tucked partially under the  seat  Understand the significance of the Riverside County v. McLaughlin (1991) ruling.  The County of Riverside v. McLaughlin (1991) case was a court case dealing with the  interpretation of the Fourth Amendment of the United States Constitution in a probable  cause case involving a warrantless arrest.   In this instance, the Fourth Amendment is used by the plaintiff(s) to argue that the clause “warrants must be legally justified with probable cause” also applies to warrantless  arrests because it was implied that it would be unreasonable, if not unconstitutional, for  someone to be arrested without determining probable cause.   This U.S. Supreme Court also used previous precedent derived from previous Supreme  Court cases – such as the Gerstein v. Pugh (1975) case – to arrive at their final decision.  Be familiar with electronic surveillance. What is the significance of the Katz v. United States  (1967) ruling?  Katz v. United States, 389 U.S. 347 (1967), is a United States Supreme Court case  discussing the nature of the "right to privacy" and the legal definition of a "search".   The Court's ruling refined previous interpretations of the unreasonable search and  seizure clause of the Fourth Amendment to count immaterial intrusion with technology as a search, overruling Olmstead v. United States and Goldman v. United States. Katz also  extended Fourth Amendment protection to all areas where a person has a  "reasonable expectation of privacy". "The Government's activities in electronically listening to and recording the petitioner's  words violated the privacy upon which he justifiably relied while using the telephone  booth and thus constituted a 'search and seizure' within the meaning of the Fourth  Amendment." – Justice Stewart ∙ Regardless of the location, a conversation is protected from unreasonable search  and seizure under the Fourth Amendment if it is made with a "reasonable  expectation of privacy". ∙ Wiretapping counts as a search (physical intrusion is not necessary).  Be familiar with the Miranda v. Arizona (1966) decision, identify when the Miranda warning  must be given, know the four components of the Miranda warning, under what  circumstances the Miranda is not necessary, and what the consequences of the Miranda  ruling were  The Miranda Warning (Miranda v. Arizona, 1966)  Suspects in police custody must be told they have the following rights ∙ You have the right to remain silent ∙ Anything you say can and will be used against you in a court of law ∙ You have the right to an attorney ∙ If you cannot afford an attorney, one will be appointed to you by the state  Public Safety Doctrine  The exception to the Miranda warning  Suspect can be questioned in the field without a Miranda Warning if public safety is in jeopardy  The Impact of Miranda  Law enforcement concern ∙ Theoretically less criminals would confess and there would be less convictions ∙ The decision had very little effects on confessions and no effects on convictions   5th  Amendment - The Fifth Amendment of the U.S. Constitution provides, "No person  shall be held to answer for a capital, or otherwise infamous crime, unless on a  presentment or indictment of a grand jury, except in cases arising in the land or naval  forces, or in the militia, when in actual service in time of war or public danger; nor shall  any person be subject for the same offense to be twice put in jeopardy of life or limb; nor  shall be compelled in any criminal case to be a witness against himself, nor be deprived  of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."  Be familiar with the Mapp v. Ohio (1961) decision, define the exclusionary rule, and the  exceptions to the exclusionary rule (e.g., good faith exception, inevitable discovery).   Exclusionary Rule  The principle that prohibits using illegally obtained evidence in a trial ∙ All evidence obtained by illegal searches and seizures is inadmissible in court ♦ Weeks v. United States (1914) ♦ Map v. Ohio (1961)  Fruit of the Poisonous Tree ∙ Secondary evidence obtained from a search that violates the Exclusionary Rule is  inadmissible  1980’s, Supreme Court limited the scope of the exclusionary rule ∙ Independent Source exception ♦ Evidence can be admitted if the evidence has been discovered completely  independent of the illegal search ∙ Good Faith Exception ♦ Evidence may be used in court even if the warrant was faulty, if the police  believe that they were acting in accordance with the rules and out of good faith ∙ Inevitable Discovery Exception♦ Evidence can be used in court regardless of Miranda if the judge believes that  the evidence would have been found eventually  The Courts and the Judiciary  Understand the nature and structure of the state and federal court systems.  State Courts ∙ 50 state trial and appellate courts ∙ Separate courts ∙ District of Columbia ∙ Puerto Rico ♦ Other U.S. territories ♦ 17000 state courts process 90 million cases annually  Federal Courts  Second tier of the U.S. court system  Jurisdiction: ∙ Have jurisdiction involving federal statutes ∙ Civil conflicts of individuals residing separate states  Three-tiered hierarchy of organization  District Courts ∙ Try cases at the federal level ∙ “Trial Courts” of the federal system Jurisdiction over federal law violations ♦ Civil rights abuses ♦ Interstate transportation of stolen vehicles ♦ Kidnappings ♦ Cases involving citizenship/alien rights ∙ Each state has at least one U.S. district court ♦ 94 District Courts in total  4 in Texas  Federal Appellate Courts ∙ Federal Appeals Courts ♦ Called Circuit Courts ∙ Do not retry cases ∙ They review and examine federal and state cases for procedural errors ∙ There are 13 circuit courts in the united states ♦ 12 of these are regional appellate courts; 1 appellate court for federal circuit ♦ Review cases for US District State Appellate Courts  Texas is in the 5th circuit  US Supreme Court ∙ Nation’s highest court ∙ Court of last resort ∙ 9 supreme court justices serve life terms ♦ Currently have only 8 ∙ Appointed by the president and confirmed by congress ∙ They review about 250-300 cases per term ♦ They do not review every case of the 5000 submitted ∙ Justices vote on the issue and a majority vote determines the case ∙ Decision must be honored by all lower courts ♦ Stare Decisis  Know the difference between limited and general jurisdiction courts.  Trial courts – where trials happen ∙ Courts of Limited Jurisdiction♦ Also referred to as “Lower Courts” ♦ Less serious crimes are handled in these courts ♦ 12-14,000 of these courts ♦ Restricted in terms of cases that can be heard and their power to sanction ♦ Sanctions cannot exceed 12 months in county jail and $1,000 ♦ Specialty Courts  Hear one type of case  Family Courts  Domestic Abuse Cases  Juvenile Court ♦ Most often accused of “assembly line justice”  Trials in the lower courts are rare ∙ Courts of General Jurisdiction ♦ Also referred to as “Felony Courts”  About 2,000 of these courts  Process 5 million cases per year  Handle more serious crimes  More civil suits  More power to sanction severely  Organized in Judicial Districts or Circuits  May handle appeals from lower courts  Understand the function of the appellate court system.   Appellate courts ∙ Courts of Appeals ♦ They do not retry cases ♦ Sole function is to examine the court procedures to check for errors ∙ Appellate court outcomes ♦ After checking the original transcripts for errors, they can  Order a new trial  Release the defendant  Uphold the original verdict  Describe the judge in terms of duties and qualifications.  Functions of the Judge  Judges have a wide variety of responsibilities ∙ Adjudicator – application of the law to uphold defendant’s rights ∙ Negotiator – Acts as a moderator between the prosecution and defense ∙ Administrator – Managing the staff and budget of the courtroom  Be able to explain the different types of judicial selection and the problems associated  with each method.   Judges are selected by ∙ Three types of selection ♦ Appointment  Judges are appointed by the governor  Confirmed by state senate ♦ Popular Election  Judges are selected based on partisan or nonpartisan elections  Either affiliated or not affiliated with a political party ∙ 8 states hold partisan elections and 20 do not ♦ Merit Selection (Missouri Plan)  Candidates are selected by a judicial nominating committee based on merit  The governor or elected official appoints a judge from these candidates When the term runs out, the judge then must run in a nonpartisan retention  election ∙ In Texas judges are elected by partisan elections  The Prosecution and the Defense   Be familiar with the structure of prosecutor’s offices in the United States.   Prosecutors ∙ District Attorney or Assistant District Attorney ♦ Public officials representing the state, who are either elected or appointed  ♦ To represent the state’s case against a person accused of committing a crime ∙ Federal Prosecutors office ♦ US Attorney General  Administrator  Does not try cases ♦ US Attorneys  Take federal cases to trial and represent the federal government ∙ State and County’s Prosecutors Office ♦ Attorney General  Head state prosecutor ♦ District Attorney  Head County Prosecutor  Also serves as an administrator ∙ ADA’s Case Work ∙ Appointed ∙ Urban Jurisdictions ♦ Headed by a District Attorney ♦ Separate offices to deal with specific types of crime ∙ Rural Jurisdiction ♦ Chief Prosecutor  DA who also handles the case work  Be aware of the factors that influence prosecutorial decision-making.  Political Implications ∙ Prosecutors are appointed or elected officials ∙ Party affiliation ∙ Voter constituency ∙ Pressure from the communities and interest groups ∙ Prosecutorial decisions reflect politics  Prosecutorial Discretion ∙ Prosecutors have a tremendous amount of discretion ∙ Their decisions have very long-term effects ♦ Prosecutor decides  Which cases are brought to trial  Which cases should be dismissed  Understand the role and duties of the prosecutor in the criminal process.   Prosecutorial Functions ∙ Represents the State ♦ Public interests ♦ Investigative responsibilities ♦ Work with the police ∙ Determine the charge to bring against the accused ♦ Single most powerful decision by a single person ♦ Prosecutor is the most powerful individual in the Criminal Justice System Only one who can offer a plea bargain ∙ Reviews warrants ∙ Subpoena witnesses ∙ Provide sentencing recommendations  Be able to explain who has the right to council and under what circumstances.  The Right to Council ∙ Should indigent defendants have the right to free council? ♦ Yes ♦ The Sixth Amendment to the U.S. Constitution reads:  In all criminal prosecutions, the accused shall enjoy the right to a speedy  and public trial, by an impartial jury of the State and district wherein the  crime shall have been committed, which district shall have been previously  ascertained by law, and to be informed of the nature and cause of the  accusation; to be confronted with the witnesses against him; to have  compulsory process for obtaining witnesses in his favor, and to have the  Assistance of Counsel for his defense. ∙ Who should pay for it? ♦ Tax payers pay for it currently ∙ Gideon v. Wainwright (1963) ♦ It is constitutionally a right by federal law  State courts must provide council to indigent defendants in felony cases  Federal courts had already been providing council based on the sixth  amendment ∙ Argersinger v. Hamlin (1972) ∙ If someone is threatened with incarceration, free council is required ∙ Extended provisions of free council to all cases when imprisonment is a possible  outcome ♦ Free council comes at the cost of taxpayers  Be familiar with the different types of indigent council.   Types if Indigent Council ∙ Public Defenders ♦ Defense attorneys employed by the government to represent criminal  defendants who cannot pay for a lawyer ∙ Assigned Council ♦ Courts appoint a private attorney to take the case  Based on a list of attorneys willing to take the indigent cases  Paid somewhere between $40 to $80 dollars an hour with a cap on the total  amount they can earn ∙ Contract System ♦ Provision of legal services to indigent defendants by private attorneys under  contract to the state/county ∙ Mixed System ♦ Some states use both public defenders and some form of private council to  account for case overload  Be aware of the various duties, functions, and ethical dilemmas of the defense attorney.   Defense Attorneys ∙ The legal counsel for the defendant in a criminal case ♦ Responsible for representing the accused from arrest to final appeal  Ensure that due process is carried out ∙ Two main roles ♦ Advocate for the defendant ♦ An officer of the court Must maintain integrity legally and ethically ∙ Functions ♦ Investigation ♦ Interview the client, police, and witnesses ♦ Negotiate with the prosecutor ♦ Prepare for trial ♦ File appropriate motions ♦ Represents the defendant in trial ♦ Assist in sentencing decision ♦ Participate in the appeals process  Ethical Dilemmas ∙ Attempting to discredit a truthful witness ∙ Calling a witness to the stand knowing they will lie ∙ Telling a defendant to commit perjury ∙ Knowing that a defendant is still actively involved in criminal behavior  The Criminal Trial   Be able to explain the details of the jury selection process and be aware of the relevant  terms (e.g., venire, voir dire, challenged for cause, peremptory challenge, etc.).   Jury Selection ∙ Initial Selection ♦ Jurors are selected randomly  Drivers license  Voter Registration  Tax assessments  Property tax lists ♦ No specific qualifications  There are some factors that will disqualify you from serving on a jury  Felonies  Public officials  Medical doctors  Attorneys ♦ Initial pool of jurors – Venire  “Jury Array” or “Jury Panel”  Group of people that are able to serve on the jury ∙ Final Jury Selection ♦ The court clerk will then select 12 people and 2 alternates randomly  The Voir Dire process  French for “To tell the truth” ♦ Defense and prosecution question the jurors about background, employment,  where they live, knowledge about the case, opinion of the case  The intention is to uncover any bias that might get in the way of achieving  justice  During this questioning, jurors can be eliminated for two reasons  Challenged for cause ∙ When the defense of prosecution discovers particular bias that  preludes the interests of justice ∙ Unlimited challenges for cause ♦ Can eliminate as many as they want under this  Peremptory Challenge ∙ Elimination of jurors for undisclosed reasons ∙ “Gut feeling”∙ Limited number of eliminations under this, varies based on state  statute ♦ Cannot use this on the basis of race or gender  The ultimate goal is to create an impartial jury  Does the jury process produce impartial juries? Representative juries? ∙ No, it does not  Understand the proceedings of a typical trial (from the opening statements to the  verdict).   The Trial Process ∙ Opening Statements ♦ Prosecutor is first to introduce the   criminal charges  outline the facts on the case  presents governments argument   presenting the evidence ♦ Then the defense attorney follows ♦ Initial summary if the case ∙ Presentation of Prosecutor’s Evidence ♦ Prosecutor calls their witnesses to the stand for Direst Examination  Questioning of one’s own witness  Then cross – examination by the defense attorney  Purpose is to get the witness to clarify the defendant’s role in the crime  Potentially a second round of direct-cross – examination ∙ Types of evidence ♦ Four types  1. Witness Testimonies  Includes ∙ Police ∙ Citizen ∙ Expert witnesses  2. Real Evidence  Includes ∙ All Physical Evidence: Weapons, photographs, et.  3. Documentary Evidence  Includes ∙ Documents such as record, official documents, finger print  documentation  4. Circumstantial Evidence  Facts deduced from evidence pertaining to a situation, certain time and  place, etc. ∙ Motion for a Directed Verdict ♦ Defense attorney asks the judge to return a verdict of not guilty  Defense is asking the judge to say that the defendant is not guilty ♦ The judge must rule on the motion  If the decision is sustained, the trial is terminated  If the decision is overruled, the trial continues ∙ Presentation of Evidence by the Defense ♦ Defense attorney calls witnesses and presents evidence  The defendant can take the stand  The defendant can “plead the fifth” ♦ The prosecution has the right to cross-examine The defendant may be forced to self-incriminate ∙ Closing Arguments ♦ The defense goes first ♦ The prosecution has the last word ♦ Both summarize their cases to reiterate how the defendant is either guilty or  not depending on the defense or prosecutor ♦ No new evidence can be presented at this time  Prosecution get the first and last word due to their burden of proving guilt  or innocence  Be familiar with the different types of evidence presented in a criminal court.  Types of evidence ∙ Four types ♦ 1. Witness Testimonies  Includes  Police  Citizen  Expert witnesses ♦ 2. Real Evidence  Includes  All Physical Evidence: Weapons, photographs, et. ♦ 3. Documentary Evidence  Includes  Documents such as record, official documents, finger print  documentation ♦ 4. Circumstantial Evidence  Facts deduced from evidence pertaining to a situation, certain time and  place, etc.

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