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Week 9 Notes

by: Alyssa Hendrixson

Week 9 Notes CJ 461

Alyssa Hendrixson
GPA 3.0
Criminal Law II
Daniel Clay

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About this Document

Criminal Law II
Daniel Clay
Class Notes
25 ?




Popular in Criminal Law II

Popular in Criminal Justice

This 3 page Class Notes was uploaded by Alyssa Hendrixson on Tuesday October 20, 2015. The Class Notes belongs to CJ 461 at University of Alabama - Tuscaloosa taught by Daniel Clay in Summer 2015. Since its upload, it has received 44 views. For similar materials see Criminal Law II in Criminal Justice at University of Alabama - Tuscaloosa.

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Date Created: 10/20/15
Public Safety Exception In evidence the public safety exception is a rule to the Miranda rule Allows into evidence an otherwise suppressible statement made by a defendant 0 NY v Quarels O O 0 After receiving the description of Quarels an alleged assailant a police officer entered a supermarket spotted him and ordered him to stop Quarels was frisked Upon detecting an empty shoulder holster the officer asked Quarels where his gun was The officer found the gun in a nearby crate The officer then formally arrested Qaurels and read him his Miranda rights 0 Opinions 0 O The court held that there is a public safety exception to the require that officers issue Miranda warnings to suspects Since the police officer s request for the location of the gym was prompted by an immediate interest in assuring that it did not injure an innocent bystander or fall into the hands of a potential accomplice to Quarels his failure to read the Miranda warning did not violate the constitution Boston Marathon bombings O O O O Tamerlan Tsarnaev Killed in a police shoot out ten was dragged under the get away SUV for 20 feet by his brother Dzhokhar Tsarnaev Guilty of 30 charges lssued death penalty in June Trying to get a retrial based on tainted injury Miranda rights Should Tsarnaev been read his rights 0 He was a naturalized US citizen 0 Had no weapon on him at the time Coun Decided there were 2 types of questions in this situation 0 Questions are necessary to resolve the danger to the public 0 Questions or the purpose of extracting incriminating evidence Justice for Tsarnaev Make sure there were no other accomplices Make sure there was no foreign connection 0 Make sure there is no other plan of attack Voluntariness and False Confession Terry v Ohio 0 Terry and 2 other men were observed by a plain clothes policeman in what the officer believed to be a casing a job a stickup o The officer stopped and frisked the three men and found a weapon on two of them 0 Terry was convicted of carrying a concealed weapon and sentenced to three years in jail 0 Question Was the search and seizure of Terry and the other men in violation of the 4th Amendment 0 The court held that the search was reasonable and the weapons seized could be used as evidence 0 Illinois v Wardlow 0 Sam Wardlow who was holding an opaque bag inexplicably fled an area of Chicago known for heavy narcotics trafficking after noticing police officers in the area 0 When officers caught up with him on the street one stopped him and conducted a protective patdown search for weapons because in his experience there were usually weapons in the vicinity of narcotics transactions 0 The officers arrested Wardlow after discovering that he was carrying a handgun 0 Question Is a person s sudden and unprovoked flight form identifiable police officers sufficiently suspicious to justify the officer s stop of that person 0 Yes Police did not violate the 4th Amendment when they stopped Wardlow Nervous evasive behavior is a pertinent factor in determining reasonable suspicion 0 Arizona v US 0 An April 23rd 2010 the Arizona State Legislature passed SB 1070 o The US sought to stop the enforcement of SB 1070 in federal district before the law could take effect 0 Provisions Created a statelaw crime for being unlawfully present in the US Created a statelaw crime for working or seeking work while not authorized to do so Required state and local officers to verify the citizenship or alien status of anyone who was lawfully arrested or detained O Authorized warrantless arrests of aliens believed to be removable from the US Question Do the federal immigration laws preclude Arizona s efforts at cooperative law enforcement and preempt the four provisions of SB 1070 on their face 0 Yes for provision 1 2 and 4 o No for provision 3 0 US v Weaver 0 00000 Prosecutor s office and several police officers were executing a state search warrant for illegal drugs in a private residence Phone rang during the search and the officer answered The man on the phone asked if Bolinger officer had his stuff and his tool Man showed up and then ran The officer chased after him and arrested him for assault Found a revolver on him and charged him with unlawful possession Man argues that the police had no reasonable suspicion to search him Question Was the charge of unlawful weapon violating Weaver s 4th Amendment right 0 No The court found that the arrest was lawful because he assaulted an officer and the weapon was admissible as evidence 0 The officers had reason to issue an investigatory stop because of reasonable suspicion without having located the controlled substance first 0 Hiibel v Sixth Judicial District 0 Larry Hiibel was arrested and convicted Nevada failing to identify himself to a police officer who was investigating an assault Nevada and many other states has a law that requires a person to tell an officer his name if asked Hiibel challenged the conviction claiming it violated his 5th Amendment right not to incriminate himself and his 4th Amendment right to be free from unreasonable searches Question Did Hiibel s arrest and conviction for not telling a police officer his name violate his 4th and 5th Amendment 0 No The court ruled that the search did not violate his 4th Amendment right because it was based on reasonable suspicion and it was minimally obtrusive question Also did not violate his 5th Amendment because Hiibel did not argue that it would incriminate him of any crime


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