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Week 3 Notes

by: Nicole Wolfe

Week 3 Notes CJ 342

Nicole Wolfe

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About this Document

These notes encompass what we have gone over in chapter 16 so far.
Criminal Procedure
Kristi Venhuizen
Class Notes
Criminal Justice
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This 6 page Class Notes was uploaded by Nicole Wolfe on Sunday February 7, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 40 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.

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Date Created: 02/07/16
Chapter 16 Arrest, Interrogation, and Identification Procedures Terms  Arrest: deprivation of a person’s liberty by someone with legal authority o N.D.C.C. 29-06-01  Seizure: when a police officer, “by means of physical force or show of authority, has in some way restrained the liberty of a citizen  Interrogation: questioning of a suspect by law enforcement officer to elicit a confession, an admission, or information that otherwise assists them in solving a crime  Identification procedures: techniques employed by law enforcement agencies to identify suspects Arrest  Most serious type of police-citizen encounter  Probable cause required – “the facts and circumstances within [the officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief” that a particular crime has been or was being committed.  Courts look at duration and degree of intrusion to distinguish between arrests and stops o Consent negates arrest  Arrest warrant (capias) document directing the arrest of the defendant o Probable cause o Do not need to provide the location of the suspect o Name or description of the person o N.D.R. Crim. P. 4  Common law the police had the right to make warrantless arrests if they observed someone in the commission of a felony or had probable cause to believe that a person had committed or was committing – felony o Misdemeanor – the police had to observe someone in the commission of the act  Warrantless arrests are allowed: o Where the crimes are committed in plain sight of police officers, or o Where officers possess probable cause to make an arrest but exigent circumstances prohibit them from obtaining a warrant o Warrantless arrests can be made in public if police have probable cause  N.D.C.C. 29-06-15 o Subsection 3 is the 24/7 law  Absent exigent circumstances, a warrantthss, nonconsensual entry into a suspect’s home to make a routine felony arrest violates the 4 amendment o Payton v New York, 445 U.S. 573 (1980)  Warrantless entry into home to make arrest allowed if the following conditions are met: o There is probable cause to arrest the suspect o The police have good reason to believe the suspect is on the premises o There is good reason to believe the suspect is armed and dangerous o There is a strong probability that the suspect will escape or evidence will be destroyed if the suspect us not soon apprehended o The entry can be effected peaceably o The offence under investigation is a serious felony  N.D.C.C. 29-06-14  Prompt appearance before judge or magistrate o 48 hours per Supreme Court  N.D.C.C. 29-06-25  N.D.R. Crim. P. 5(a)  Police officers may use such force as necessary to effect the arrest and prevent the escape of the suspect o Level of force allowed depends on the seriousness of the offense  Ex: Rodney King, Amadou Diallo, Eric Gardner o Deadly force may be used when:  Necessary to prevent the suspect’s escape, and  Officer has probable cause to believe the suspect poses a serious threat of death or serious physical injury o Non-deadly reasonableness  Severity of the crime  Whether the suspect posed a threat  Whether the suspect was resisting and/or attempting to flee the scene o Police dogs o Intermediate force options:  Tasers  Chemical agents  Lateral vascular neck restraints  Impact weapon  N.D.C.C. 29-06-10  N.D.C.C. 29-06-13  Arresting the wrong person o “Sufficient probability, not certainty is the touchstone of reasonableness under the 4 amendment” o Allows the use of evidence discovered during the arrest of the wrong person  Hill v California, 401 U.S. 797 (1971) o They get let go immediately  Arrests of persons with disabilities o ADA requires public agencies “To make reasonable modifications in their policies, practices, and procedures that are necessary to ensure accessibility for individuals with disabilities, unless making such modifications would fundamentally alter the program or service involved.”  Citizen’s arrest: o Common law an individual could make an arrest without a warrant for a felony or breach of peace that occurred in their presence o Today this is controlled by statute o N.D.C.C. 29-06-02 o N.D.C.C. 29-06-03 o N.D.C.C. 29-06-04 o N.D.C.C. 29-06-18 o N.D.C.C. 29-06-20 o N.D.C.C. 29-06-22 o N.D.C.C. 29-06-23  Minor traffic offenses o 4 amendment does not forbid a warrantless arrest for a minor traffic offense o “cite and release” statutes o N.D.C.C. 29-07-07 o N.D.C.C. 39-07-09 Investigatory Detention  Law enforcement can detain temporarily for questioning as long as they have reasonable suspicion that criminal is afoot  Pat down are allowed if there is reasonable suspicion that the detained person is armed o Can only pat down outer clothing to look for a weapon  Reasonable suspicion – no precise definition o Based on an officer’s objective observations and from inference and deduction based on their training and experience o Totality of the circumstances  Investigatory detentions must be brief o Based on the purpose of the stop and the reasonableness of the time required for the police to obtain any additional required information o Totality of the circumstances to see if infringement on the suspect’s 4 amendment rights  No set time limits for the detention o Totality of the circumstances analysis o May determine if it is a stop or an arrest o Florida v Royer (1983) – Supreme court said 15 minute detention unreasonable when detained a person to wait to bring his luggage to him o U.S. v Sharpe (1985) – Supreme court said 20 minute detention of truck driver suspected of transporting marijuana reasonable when time spent looking for another vehicle o Key is whether police are diligently investigating o Terry stop does not necessarily permit a frisk  Only can frisk if reasonable suspicion that the suspect is armed  Can seize an item believed to be a weapon  If not a weapon, it can be seized if it is contraband  Investigatory automobile stops o Terry applies to vehicles as well as individuals o Absent probable cause police can perform limited search of vehicle upon reasonable suspicion  Michigan v Long, 463 U.S. 1032 (1983)  Arizona v Gant, 556 U.S. 332 (2009)  Anonymous tips to stop vehicles – must have indicia of credibility o Must be corroborated by independent police observation o State v Miller, 510 N.W. 2d 638 (N.D. 1994) *it was a long case, we will not be tested on it* o More information (i.e. name of caller) is more reliable  Pretextual vehicle stops – motives of law enforcement of irrelevant as long as there is an objective basis for the stop o Whren v U.S., 517 U.S. 806 (1996) o As long as the officer has a legitimate reason to stop the vehicle it doesn’t matter what the motive is (i.e. stopping for expired tabs and really want to check out the driver)  Police can ask drivers and passengers to exit the vehicle o Protects officers from weapons that may be in the vehicle  Arizona v Johnson, 551 U.S. 249 (2009) o Supreme court confirmed that during a traffic stop that both the driver and passengers are lawfully detained o Police may ask the driver and passengers to exit and submit to frisk on reasonable grounds they may be armed and dangerous  Drug courier profiling: o Used to identify and detain suspected drug couriers o Supreme court determined that in and of itself, not enough to constitute reasonable suspicion o Totality of the circumstances – behavior inherently suspicious  Racial profiling: o DOJ defines as “only police initiated action that relies on the race, ethnicity or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity” o “Driving while black” o Attempting to halt racial profiling through both legislative and judicial action Roadblocks, Sobriety Checkpoints, and Drug Checkpoints  Must be operated according to guidelines that minimize the inconvenience to motorists and constrain the exercise of discretion by police officers  Seizure occurs when a vehicle is stopped at a checkpoint o Been upheld to conduct field sobriety tests (by the supreme court)  Drug checkpoints distinguished from field sobriety checkpoints o One is for public safety and the other for detecting illegal drugs  Illinois v Lidster (2004) o The Supreme court upheld a checkpoint for the purpose of obtaining public assistance in locating the perpetrator of a crime  Fake checkpoints o Sign says “checkpoint ahead” o People take a detour and the checkpoint is on the detour o Supreme court does not like the fake checkpoints (trickery) Requests for Information or Identification  Lowest level of police-citizen encounter - approaching an individual in a public place and asking questions or requesting identification o Nothing in the U.S. Constitution prohibits law enforcement from walking up to people and asking them questions  Many states historically made it a misdemeanor to refuse to identify yourself to the police o Supreme Court ruled that there must be reasonable suspicion the person was or had engaged in criminal conduct to justify asking for identification o "Stop and Identify" statutes: If law enforcement has a valid Terry stop, a person can be required to give their name but nothing else Interrogation and Confession  Common law any confession was admissible even if gained through torture o As common law progressed, judges came to insist that confessions be made voluntarily  Fifth Amendment - prohibits the extraction of a confession by "exertion of any improper influence" o Must be voluntary - knowledge of the nature and consequences; without the duress or inducement  Coerced confessions deny a defendant of due process o Applicable to the states  Miranda v. Arizona, 384 U.S. 436 (1966) o "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You also have the right to an attorney. If you cannot afford an attorney, one will be provided to you at no cost. Do you understand this?"  "The prosecution may not use statements, whether exculpatory or inculpatory, stemming from the custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination."  Custody - not all police/citizen encounters are considered custodial o How does a reasonable man in the suspect's position understand his situation?  Interrtogation - "Express questioning or its functional equivalent" including "any words or actions on the part of the police should know are reasonably likely to elicit an incriminating response from the suspect."  Waiver of Miranda/Compelled Confession: o Suspect may waive Miranda rights  Must do so expressly o Must do so knowingly and voluntarily o Totality of the circumstances  Police conduct  Characteristics of the accused  Coerced confessions are inadmissible o Police conduct:  Physical or psychological intimidation  Promises of leniency  Deception  Mutt-and-Jeff routines (Good-Cop Bad-Cop)  Deprivation of food  Lengthy questioning o Characteristics of the accused:  Disabilities  Immaturity  Fatigue  Pain  Factors considered by the judges: o Duration of interrogation o Methods of interrogation o Length of delay between arrest and appearance before magistrate o Conditions of detention o Attitudes of the police o Defendant's physical or psychological state o Any other factors that might bear on a defendant's resistance  General Rule - questioning must cease when accused arrests his or her right to remain silent o Can come in and begin questioning about a different crime  Public safety exceptions: o If the public is in jeopardy, no warnings are required o Objective standard - what would a reasonable person believe o New York v. Quarles, 467 U.S. 649 (1984)  Warnings must be given before interrogation begins o Cannot get a confession, then read Miranda and get a re-confession  Miranda Warnings are never needed if the statements are never used against the accused in a criminal case  Use of confessions gained in violation of Miranda: o Must be standing to exclude the statement of another o Impeachment purposes o Fruit of the Poisonous Tree - evidence derived from inadmissible evidence is likewise inadmissible  Independent Source Doctrine  Inevitable Discovery Doctrine  Use of a confession that should be suppressed does not automatically require reversal of a conviction o Harmless error  Police are under no obligation to inform a suspect that arrangements have been made to provide an attorney o Sixth Amendment issue  Documenting confessions: o Interview log o Signed statement  Identify the suspect, investigators, and crime involved  Describe details of the crime, what the suspect did, and how the suspect did it  Statement reviewed with the suspect  Signed by a witness


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