Notes week 3 Chapters 6&7
Notes week 3 Chapters 6&7 75073 - CRIM 100 - 003
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75073 - CRIM 100 - 003
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Crim 100 Week 3 Ch 67 09212015 Chapter 6 Policing Purpose and Organization The Police Mission Basic purposes of policing 0 Enforcing the law 0 Police agencies are primary enforcers of federal state and local criminal laws 0 Tailor their enforcement efforts to meet the concerns of the populace they serve 0 Community interests signi cantly in uence the enforcement practices of police agencies individual officers take their cue on enforcement priorities from their departments peers and supervisors 0 Enforce and support the law personal actions and public behavior of law enforcement Apprehending Offenders 0 Some offenders during the commission of a crime or immediately afterwards 0 Many offenders only caught as the result of extensive police work involving lots of investigation 0 Crime Prevention 0 The anticipation recognition and appraisal of a crime risk and the initiation of action to eliminate or reduce it 0 Techniques access control videos and surveillance locks alarms lighting visibility landscaping 0 Prevention Programs focus resources on reducing a speci c form of criminal threat Philadelphia Police Department s Operation Identi cation discourages theft and helps recover stolen property Depend on community involvement and education and effective interaction between agencies and the community 0 Predicting Crime 0 Relies on police planners to predict when and where crimes will occur o CompStat A crimeanalysis and police management process built on crime mapping developed by NYPD in mid 19905 Reveal the time and place of crime patterns and hot spots for ongoing criminal activity Preserving the Peace 0 Focus on qualityof life offenses Minor violation of the law that demoralizes community residents and businesspeople lnvolve acts that create physical disorder or that re ect social decay 0 Broken windows model of policing By encouraging the repair of rundown buildings and controlling disorderly behavior in public spaces police agencies can create an environment where serious crimes can t easily ourish 0 Police action depends on the price society is willing to pay Tax dollars Reduction in the number kinds and extent of liberties Operational Strategies 0 Preventative Patrol 0 Dominant operational policing strategy 0 Deter crimes interrupt crimes in progress position of cers for quick response to emergency situations increase publics feelings of safety and security 0 Of cers on patrol commonly interact with public 0 Foot automobile motorcycle mounted bicycle boat K9 and aerial Routine Incident Response 0 Second most common activity of patrol of cers 0 Restore order document information or provide some immediate service to parties involved 0 Response time A measure of time that it takes for police of cers to respond to calls for service 0 Emergency Response 0 Used for crimes in progress traf c accidents with serious injuries natural disasters incidents of terrorism of cer requests for assistance and other situations where human life is in danger 0 Take priority over all other police work 0 Criminal Investigation 0 The process of discovering collecting preparing identifying and presenting evidence to determines what happened and who is responsible when a crime occurs First responders must secure the crime scene 0 Preliminary investigation Everything done by a police of cer who responds to the scene of a crime including determining whether a rime has occurred securing the crime scene and preserving evidence 0 Crime scene investigators Expert trained in the use of forensics techniques like gathering DNA evidence collecting ngerprints photographing the scene sketching and interviewing witnesses o Solvability factor Information about a crime that forms the basis for determining the perpetrator s identity 0 Problem Solving o Seeks to reduce chronic offending in a community 0 SARA Scanning Analysis Response Assessment 0 CAPRA Clients AcquiredAnalyzed Partnerships Respond Assess 0 Support Services 0 Dispatch training human resources management property and evidence control and record keeping 0 Keep police agencies running 0 Help deliver equipment money and resources necessary to support law enforcement of cers 0 Managing Police Departments Police management administrative activities of controlling directing and coordinating police personnel resources and activities in the service of preventing crime apprehending criminals recovering stolen property and performing regulatory and helping services 0 Police Organization and Structure 0 Roles within police agencies fall into one of two categories Line operations eld activities or supervisory activities directly related to daytoday police work I Staff operations activities that provide support for the line operations 0 Most police organizations include both line and staff operations 0 Divisions are likely to exist within both line and staff operations 0 Line and staff structure easily accommodates functional areas of responsibility within line and staff divisions 0 Chain of Command 0 the unbroken line of authority that extends through all levels of an organization from the highest to the lowest 0 clari es who reports to who 0 titles assigned to personnel are similar to those used by the military 0 span of control the number of police personnel or the number of units supervised by a particular commander Policing Styles Can be divided into four epochs 0 Political Era 184051930 0 close ties between the police and political officials 0 police were organized in paramilitary style focused on serving the politically powerful o politicians appointedhired the police 0 came about because of a need for social order in a dynamic and rapidly changing society Reform Era 1930519705 0 O O O 0 Police gained pride in their profession Law enforcement focused on traditional crime ghting and the capture of criminals Crackdown on organized crime Progressive policing policy Came about because citizens called for reform and the removal of politics from policing Community Era 19705Today O O O O 0 Police departments work to identify and serve the needs of their communities Envisions a partnership between the police and the community Police focus on qualityof life offenses Broken windows model Came out because of a realization that effective community partnerships can help prevent and solve crimes The New Era 2001Today O O O O Policing to secure the homeland emphasis on terrorism Builds on partnership with the community to gather intelligence Creation of counterterrorism divisions and offices within police departments and the development of actionable intelligence Came about because of terrorist attacks on 911 and ongoing threats to the safety and security of Americans Wilson s Policing Styles The Watchman Style o Concern for order maintenance Characteristic of lowerclass communities where police intervene informally into the lives of residents to keep the peace The Legalistic Style 0 Strict concern with enforcing the precise letter of the law Legalistic departments may take a handsoff approach to disruptive or problematic behavior that doesn t violate the criminal law 0 quotlaissezfairequot policing The Service Style 0 Concern with helping rather than strict enforcement Service oriented police agencies more likely to use community resources to supplement traditional law enforcement activities PoliceCommunity Relations An area or police activity that recognizes the need for the community and the police to work together effectively Movement away from emphasis on the apprehension of law violators toward an effort to increase the level of positive police citizen interaction Often fail to achieve goal of community satisfaction because they focus on servicing groups already well satis ed with the police Team policing 0 Reorganization of conventional patrol strategies into an integrated and versatile police team assigned to a xed district 0 Crimes investigated and solved at local level 0 Technique to deliver full police services to a neighborhood Strategic Policing o Retains the traditional police goal of professional crime ghting but enlarges the enforcement target to include nontraditional kinds of criminals 0 Makes use of innovative enforcement techniques intelligence operations electronic surveillance etc ProblemSolving Policing o Assumes that crimes can be controlled by uncovering and effectively addressing the underlying social problems that cause crime 0 Makes use of community resources counseling centers welfare programs etc O Attempts to involve citizens in crime prevention through education negotiation and con ict management 0 Community Policing 0 Collaborative effort between the police and the community that identi es problems of crime and disorder and involves all elements of the community in the search for solutions to these problems Officers help citizens solve variety of personal problems many that don t involve lawbreaking activity Make referrals to agencies like Alcoholics Anonymous etc Community based crime prevention Reorientation of patrol activities to emphasize importance of nonemergency services Increased police accountability to public Decentralization of command Community Policing Act Increase the number of law enforcement officers interacting directly with the public Provide additional and more effective training to officers to enhance problem solving service Encourage development and implementation of innovative programs to permit community members to assist local agencies to prevent crime Encourage development of new technologies to assist local agencies in reorienting emphasis from reacting to crime to preventing it 0 Critique of Community Policing O O 0 Range complexity and evolving nature make their effectiveness difficult to measurequantify Higher level of dissatisfaction with the police among African Americans May be little agreement between members of a community about community problems and appropriate solutions Not all police officers are willing to accept nontraditional images of police work Police subculture is committed to traditional view of police work community policing can demoralize entire department Set of values beliefs and acceptable forms of behavior characteristic of the American police 0 some public of cials unwilling to accept community policing 0 many citizens not ready to accept a greater involvement of police in their personal lives Terrorism s Impact on Policing Terrorist attacks of 911 led to increased amount of time and resources pent preparing for possible terrorist attacks and gather intelligence to prevent them Local departments play important role 0 Use community policing networks to exchange information with citizens and to gather intelligence Council on Foreign Relations says federal counterterrorism efforts will no longer be able to sufficiently protect the communities they serve alone Local departments engagement depends on budgetary considerations and assessed likelihood of attack IACP s Taking Command Initiative aggressive project to assess the current state of homeland security efforts in the US and to develop and implement the actions necessary t protect our communities from crime and terrorism Joint Terrorism Task Force brings together federal and local law enforcement personnel to focus on speci c threats Field Intelligence Groups work with J39ITF s to provide services to law enforcement personnel at the state and local levels Generate intelligence products and disseminate them to the intelligence communities to help investigative program and policy decisions IntelligenceLed Policing and Antiterrorism Intelligenceled policing 0 Collection and analysis of information to produce an intelligence end product designed to inform police decision making at both the tactical and strategic levels 0 Gathered from surveillance covert operations nancial records electronic eavesdropping interviews newspapers the Internet and interrogations Criminal intelligence 0 Information compiled analyzed or disseminated in an effort to anticipate prevent or monitor criminal activity 0 Intended to provide meaningful direction to law enforcement decision makers about complex criminality criminal enterprises criminal extremists and terrorists ILP Intelligencedriven policing is the use of criminal intelligence to guide policing Tactical intelligence o gaining or developing information to apprehend offenders harden targets and use strategies that will eliminate or mitigate the threat 0Strategic intelligence 0 Provides information to decision makers about the changing nature of threats for the purpose of developing response strategies and reallocating resources to accomplish effective prevention Information Sharing and Antiterrorism Governments at all levels work toward fully integrated criminal justice information system 0 Network of public safety justice and homeland security computer systems 0 Shares information with agencies in its own jurisdiction as well as multiple justice agencies on the federal state and local levels 0Law Enforcement Online intranet intended exclusively for use by the law enforcement community National communications system and information service 0 Communication mechanism to link all levels of law enforcement throughout the US 0 Allows FBI to share exclusive information across agency boundades NLETS oThe International justice and Public Safety Information Sharing Network 0 Facilitates a variety of encrypted digital communications 0 Information including state criminal histories homeland alert messages immigration databases driver records and vehicle registration aircraft registrations amber alerts weather advisories and hazardous materials noti cations and regulations Fusion Centers 0 Fuse intelligence from participating agencies to create a more comprehensive threat picture locally and nationally o Integrate new data into existing information oCollaborative effort of two or more agencies that provide resources expertise and information to the center with the goal of maximizing their ability to detect prevent investigate and respond to criminal and terrorist activity 0Work to collect info on a wide variety of offenders gangs immigrant smuggling operations and other threats The National Criminal Intelligence Sharing Plan Developed by US Department ofJustice s Global Justice Information Intelligence Working Group Gives steps to agencies can take to participate in the sharing of critical law enforcement and terrorism prevention information Discretion and the Individual Officer 0 Police discretion 0 The opportunity for police officers to exercise choice in their enforcement activities 0 Decisions to question someone arrest someone etc are made solely by officers and must be made quickly in the absence of any close supervision Professionalism and Ethics 0 Police professionalism o The increasing formation of police work and the accompanying rise in public acceptance of the police 0 Requires police to have a lot of specialized knowledge and that they follow the standards and ethics set out by the profession o Specialized knowledge includes understanding of criminal law Supreme Court decisions driving skill combat weapons radio communications etc o Supervisory personnel require administrative skills management techniques strategies for optimum utilization of resources 0 Police work guided by ethical code developed in 1956 by Peace Officers Research Association of California 0 Police ethics 0 The special responsibility to adhere to moral duty and obligation that is inherent in police work 0 Ethics training has been integrated into most basic law enforcement training programs 0 The Commission on Accreditation for Law Enforcement Agencies CALEA 0 Police agencies must meet hundreds of standards in diverse areas to become accredited Education and Training 0 Peace of cer standards and training POST program 0 Of cial program of a state or legislative jurisdiction that sets standards for the training 0 law enforcement of cers 0 Standards continue to be modi ed 0 American Society for Law Enforcement Training 0 Ensures quality in peace of cer training and confers the title Certi ed Law Enforcement Trainer 0 Police Training Of cer program 0 Alternative model for police eld training 0 Represents rst new postacademy eldtraining program for agencies 0 Incorporates community policing and problemsolving principles 0 Increased emphasis on formal education of police of cers 0 quotevery police agency should require as a condition of initial employment the completion of at least four years of education at a college or universityquot 0 hired educated of cers accrue these bene ts better written reports enhanced communications with public more effective job performance fewer citizen complaints greater initiative wiser use of discretion heightened sensitivity to racial and ethnic issues fewer disciplinary problems Recruitment and Selection 0 Consider education as an important recruiting criterion Strong emphasis on minority recruitment Local police departments use variety of applicantscreening methods After training successful applicants are typically placed on probation for one year Desirable personal qualities of patrol of cers 0 Initiative 0 Responsibility 0 Ability to deal alone with emergencies 0 Capacity to communicate effectively with people from diverse social cultural and ethnic backgrounds Ability to learn a variety of tasks quickly Attitude and ability necessary to adapt to technological changes The desire to help people in need An understanding of others Emotional maturity Sufficient physical strength and endurance CO 0000 Ethnic and Gender Diversity in Policing Through dedicated recruitment efforts have dramatically increased their complement of officers from underrepresented groups Women are still signi cantly underrepresented Many departments aggressively recruit and retain women because they understand the bene ts of having more women as sworn of cers Women as Effective Police Of cers Female of cers are 0 Extremely devoted to their work 0 See themselves as women rst and then police of cers 0 More satis ed when working in nonuniformed capacities Two groups of female of cers 0 Those who felt themselves to be well integrated into their departments and were con dent in their jobs 0 Those who experienced strain and onthejob isolation Females often under utilized and many departments hesitate to assign women to patrol and other potentially dangerous eld activities 0 Experience frustration and a lack of job satisfaction 0 Formal and informal social controls continue to disenfranchise women who want to work in the system Chapter 7 Policing Legal Aspects The Abuse of Police Power 0 1991 beating of motorist Rodney King by LAPD of cers o California jury found four police defendants not guilty o Two of the of cers found guilty in federal court denying King his constitutional rights quotnot to be deprived of liberty without due process of law including the right to be free from the intentional use of unreasonable forcequot 0 No one is above the law Democraticay inspired ega restraints on the police help ensure individual freedoms in our society and prevent development of a police state in America A Changing Legal Climate Constitution is designed to protect citizens against abuses of police power 0 need for greater control over police activities so that even the potential for abuse could be curtailed Warren Court o strict procedural requirements in the areas of investigation arrest and interrogation o seized on the 14th amendment requires both state and federal criminal justice agencies adhere to the courts interpretation of the constitution o Miranda v Arizona 0 A changed Supreme Court recognized the realities attending dayto day police work and the need to ensure public safety Individual Rights oConstitution provides system of checks and balances 0 Designed to ensure that no one individual or agency can become powerful enough to usurp the rights and freedoms guaranteed under the Constitution 0 Those who feel they have not received the respect from the justice system due to them under the law can appeal to the courts for redress 0 Usually based on procedural issues 0 Rights violations often become the basis for the dismissal of charges acquittal of defendants or release of convicted offenders after an appeal to a higher court Due Process Requirements 0 5th 6th 14th amendments require due process 0 Three major areas 0 Evidence and investigation 0 Arrest o Interrogation Landmark cases o A precedentsetting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical daytoday operations of the justice system oThe procedural guidelines the police and justice system must abide Search and Seizure 14th amendment people must be secure in their homes and in their personas against unreasonable searches and seizures oWarrants probable cause illegally seized evidence o Evidence seized without regard to the principles of due process as described by the Bill of Rights Usually due to improper warrants or improperly conducted interrogations The Exclusionary Rule 0 The understanding based on US Supreme Court precedent that incriminating information must be seized according to constitutional speci cations of due process or it will not be allowed as evidence in a criminal trial Probems with precedent oThe present appeals system presents a readymade channel for the guilty to go free 0 Writ of certiorari Writ issued from an appellate court fo the purpose of obtaining from a lower court the record of its proceedings in a particular case I Mechanism for discretionary review The fruit of the poisonous tree doctrine 0 A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure 5iverth0rne Lumberv US 1920 0 Supreme Court decided that any evidence that derives from a seizure that was in itself ilega cannot be used at trial 0 Evidence becomes tainted and useless The Warren Court Charted a course that would guarantee nationwide recognition of individual rights as it understood them by agencies at all levels of the criminal justice system 0 Searches Incident to Arrest o Chime v California involved both arrest and search activities by local law enforcement officers Legal implications I What officers may search the defendant the physical area within easy reach of the defendant I Valid reasons for conducting a search to protect arresting officers prevent evidence from being destroyed keep the defendant from escaping I When a search beomes illegal when it goes beyond the defendant and the area within the defendant s immediate control when it is conducted for other than a valid reason 0 Homes are protected places under the 4th amendment Minnesota v Carter must demonstrate that he personally has an expectation of privacy in the place searched and that his expectation is reasonable Georgia v Randolph police officers cant enter home to search without a warrant if one resident gives permission but the other refuses it Baily v US court limited power of police to detain people who are away from their homes when police conduct a search of their residence unless they have probable cause for their arrest The Burger Court 19691986 and the Rehnquist Court 19862005 The US became more conservative during this time and with that came the rise to a renewed concern with protecting the interests of those who live within the law 0During late 19805 US Supreme Court distanced from earlier decisions of the Warren Court 0 Warren Court embodied individual rights 0 Courts beginning in 19705 were about the quotgreater goodquot 0 Importance of social order and communal safety GoodFaith Exceptions to the Exclusionary Rule Goodfaith exception 0 Exception to the exclusionary rule Law enforcement officers who conduct a search or who seize evidence on the basis of good faith and who late discover that a mistake was made may still provide the evidence in court 0 US v Leon 0 Massachusetts v Sheppard 0 Illinois v Krul Sheppard Maryand v Garrison Illinois v Rodriguez Arizona v Evans computer errors exception 0 Herring v US reinforces Evans Clear reversal of the Warren Court s philosophy Court invoked conservative approach to many important criminal 0 0 0 jus ceissues The PlainView Doctrine Police of cers can begin investigations or con scate evidence without a warrant base on what they nd in plain view and open to pubHcinspec on Stated in Harris v US Applicable in common situations like res accidents and other emergencies Applies only to sightings by the police under legal circumstances Evidence seized must have been immediately apparent Restricted in US v lrizarry and Arizona v Hicks evidence must be in plain view without requiring of cers to move or dislodge objects was reiterated Present a special problem in the area of electronic evidence Emergency Searches of Property and Emergency Entry Certain emergencies justify police of cers decision to entersearch premises without warrant 3 threats that provide justi cation for warrantiess entry 0 clear dangers to life of escape and of the removal or destruction of evidence Emergency searches 0 A search conducted by the police without a warrant which is justi ed on the basis of some immediate and overriding need like public safety likely escape of a dangerous suspect or the removaldestruction of evidence 0 First recognized in Warden v Hayden Anticipatory Wa rra nts Arr Anticipatory warrants 0 Search warrant issued on the basis of probable cause to believe that evidence of a crime while not presently at the place described will likely be there when the warrant is executed o Anticipate the presence of contraband or other evidence 0 Still require an issuing magistrate to determine That it is probable Contraband evidence of a crime or a fugitive will be on the described premises When the warrant is executed est Arrest oTaking an adult orjuvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense delinquent act or a status offense Arrest occurs whenever an officer restrains a persons freedom to leave quotFree to leavequot test to determine the point at which an arrest has been made formal arrest or restraint on freedom of movement of the degree associated with a formal arrest most common types of arrests follow the questioning of a suspect granted there is probable cause arrests may occur when officer comes across a crime in progress Arrest warrants issued by magistrates but officer has to submit a written affidavit outlining their reason for the arrest Searches Incident to Arrest A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer Allows officers to protect themselves by conducting an immediate search of arrestees without obtaining a warrant Reasonable suspicion O Level of suspicion that would justify an officer in making further inquiry or in conducting further investigation General and reasonable belief that a crime is in progress or has occurred Different than probable cause 0 0 Emergency Searches of Persons Emergency searches of a person are allowed under certain circumstances like if he matches description of armed robber found unconscious or he has what appears to be blood on his close Emergency searches of permits fall under the exigent circumstances exception to the warrant requirement of the 4th amendments FBI guidelines for conducting emergency warrantless searches of individuals 0 At the time of the search there was probable cause to believe there was evidence concealed on the person Probable cause to believe an emergency threat of destruction of evidence existed Officer had no prior opportunity to obtain a warrant authorizing the search 0 The action was no greater than necessary to eliminate the threat of destruction of evidence 0 0 Vehicle Searches Roadbloc When a driver is arrested the need to search the vehicle may be immediate because it is mobile Vehicle searches without a warrant can t be done unless the arrestee could gain access to the vehicle at the time of the search Search of the vehicle once impounded is legitimate if it is undertaken for routine and reasonable purposes Officers have the right to open closed containers found in a vehicle Fleetingtargets exception 0 Exception to the exclusionary rule that permits officers to search a vehicle based on probable cause and without a warrant Predicated on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency ks and Motor Vehicle Checkpoints US Supreme Court decided that community interests may necessitate a temporary suspension of personal liberty even when probable cause is lacking O 0 Ex highway sobriety checkpoints o The law ordinarily permits the police to seek the public s voluntary cooperation in a criminal investigation Watercraft and Motor Homes 0 Vehicle on the water can just as easily leave the jurisdiction as a car or truck can 0 California v Carney extended police authority to conduct warrantless searches of vehicles to include motor homes Su5picionless Searches 0 There may be instances when the need to ensure public safety provides a compelling interest that negates the rights of any individual to privacy allowing suspicionless searches o 1 Provides basis for suspicionless searches when public safety is at stake Public safety sometimes provides a compelling interest to justify limiting an individuals right to privacy 0 2 A search conducted by law enforcement without a warrant and without suspicion Only allowed if based on a overriding concern for public safety Warrantless suspicionless sweeps of buses trains planes and city streets are allowed if officers 0 Ask individual passengers for permission before searching their possessions o Don t coerce passengers to consent to a search o Do not convey the message that citizen compliance with the search request is mandatory Warrantless suspicionless searches of vehicles allowed at the border without probable cause HighTechnology Searches Courts throughout the nation have to evaluate the applicability of constitutional guarantees regarding hightech searches and seizures 0 People v Deutsch warrantless scan of a private dwelling using thermalimaging devices o Court declared search illegal because violated 4th amendment 0 Society accepts a reasonable expectation of privacy surrounding nondisclosed activities within the home 0 Unreasonable without a warrant The Intelligence Function Informants oPaid informants ethical o Informants often paid while getting away with minor crimes that investigators are willing to overlook o Agreeing not to charge one offender out of a group if he or she will talk and testify against the others oInformant information can establish probable cause if oThe source of the informant s information is made clear oThe police officer has a reasonable belief that the informant is reliable An anonymous tip even in the absence of other corroborating information about a suspect could form the basis for an investigatory stop if the informant accurately predicted the future behavior of the suspect Police Interrogation Police interrogation or questioning must be videotaped or audiotaped o Courtroom doesn t accept statements or confessions that haven t been taped 0 Electronic recording promotes truth nding in criminal process 0 Increases accuracy of confessions and convictions 0 Reduce policeinduced false confessions and wrongful convictions olnterrogation o The informationgathering activity of police officers that involves the direct questioning of suspects o Interrogation has begun once officers make inquiries intended to elicit information 0 Physical Abuse 0 Brown v Mississippi 1936 o US Supreme court overturns convictions due to physical abuse in the interrogation process that probably lead to false confessions Inherent Coercion o Ashcraft v Tennessee 1944 o US Supreme Court nds that interrogation involving inherent coercion unacceptable The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information o 5th Amendment protects this right Psychological Manipulation o Interrogation can t involve sophisticated trickery designed to draw out a confession o Leyra v Denno 1954 Use of professionals skilled in psychological manipulation to gain confessions banned Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control The Right to a Lawver lnterroqation Escobedo v Illinois recognized the right to have legal counsel present during police interrogation Edwards v Arizona established quotbrightline rulequot 0 Criterion that cant be violated for investigators to use in interpreting a suspect s right to counsel 0 After suspect has opportunity to consult a lawyer interrogation can t resume unless lawyer is present 0 Police can t avoid suspect s request for a lawyer by beginning a new line of questioning Suspect Rights The Miranda Decision Miranda warnings o Advisement of rights due criminal suspects by the police before questioning begins 0 Centerpiece of the Warren Court due process rulings o In 1992 Miranda rights extended to illegal immigrants living in the US o Must be told they can talk with a lawyer make a phone call request a list of available legal services seek a hearing before an immigration judge possiby obtain release on bond contact a diplomatic officer representing their country Only coerced statements and those voluntary statements made by a defendant that might directly incriminate them at a later trial are precluded by a failure to read a suspect their Miranda rights Oral statements can t be used as evidence unless provided Miranda rights before hand 0 Waiver of Miranda Rights by Suspects o May legally wave their Miranda rights through voluntary knowing and intelligent waiver o Can be made only if a suspect is advised of their rights and is able to understand the advisement o Intelligent and Knowing waiver full awareness of the nature of the rights being abandoned and the consequences of choosing to abandon them o Can still be made if offenses made are unknown to offender o InevitableDiscovery Exception to Miranda o Evidence even if gathered inappropriately can be used in court of law if it would have invariably turned up in the normal course of events PublicSafety Exception to Miranda o Allows authorities to conduct an initial publicsafety interview in order to quickly determine whether any danger to the public still exists o A person suffering from mental problems does not necessarily negate a confession o Active questioning by an undercover officer as an inmate doesn t require Miranda warnings o Miranda and the Meaning of Interrogation o Miranda triggers The dual principles of custody and interrogation both of which are necessary before an advisement of rights is required o Warnings required once of cers begin to deliberately elicit responses from a suspect who they know has been indicted or who is in custody o A suspects silence will not be used against him Gathering Special Kinds of Nontestimonial Evidence Very personal items such as blood cells ingested drugs DNA ngerprints etc The 4th amendment guarantees that people be secure in their homes and in their persons improper seizure of physical evidence of any kinds is illegal lssue becomes more complicated with very personal items 0 Right to Privacy o Hayes v Florida Established the right of suspects to deny ngerprinting if there is no probable cause o Winston v Lee Surgical and other invasive techniques can t be authorized without a suspects consent through protection under 4th amendment BodvCavitv Searches o Body cavity searches are one of the most problematic types of searches for police o Montoya v de Hernandez Focused on the issue of quotalimentary canal smugglingquot Electronic Eavesdropping 0mstead v US 0 Court decides phone lines weren t extension of the defendant s homes and were not protected by the 4th amendment 0 Permit wiretaps and quotbugsquot in instances where state law provided for the use of the devices and when of cers obtain a warrant oKatz v US o a warrant is required to unveil what a person makes an effort to keep private even in a public place oLee v Florida oAppied Federal Communications Act allows of cers to listen to electronic communications when An of cer is one of the parties involved One of the parties is not the of cer but is willing to share the communication with the of cer Of cers obtain a warrant o Minimization Requirement for Electronic Surveillance 0 Of cers must make every reasonable effort to monitor only those conversations that relate to the criminal activity under inves ga on o Problems arise with the start of coding or speaking ambiguously o The Electronic Communications Privacy Act of 1986 o Establishes the due process requirements that law enforcement of cers must meet in order to legally intercept wire communications 0 Deals with 3 areas of communication Wiretaps and bugs Pen registers record numbers dialed from a telephone Tracing devices 0 Of cers must obtain wiretap court orders to eavesdrop on on going communications 0 The Telecommunications Act of 1996 0 Title V makes it federal offense for anyone engaged in interstateinternational communications to knowingly use a device to quotcreate solicit or initiate the transmission of any comment request etc that is obsene or with the intent to cause harmquot o Makes it illegal to harass anyone knowingly or anonymously o The USA Patriot Act of 2001 0 Made it easier for police investigators to intercept many forms of electronic communications 0 Allows investigators to subpoena a wider variety of records o Facilitates use of roving multipoint wiretaps o Gathering Electronic Evidence 0 Electronic evidence becoming increasingly important Information and data of investigative value that are stored in or transmitted by an electronic device 0 Electronic evidence has special characteristics tisatent Can transcend national and state borders quickly and easily Is fragile and can be altered damaged compromised or destroyed by improper handling May be time sensitive o Latent evidence Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye 0 Technical Working Group for Electronic Crime Scene Investigation TWGECSI Detailed guide for law enforcement officers to use in gathering electronic evidence Take special precautions when documenting collecting and preserving electronic evidence