Unit 4: The Criminal Justice Process

Chapters 12 – 15

The Investigation

Chapter 12

Arrest

• Takes place when a suspect is taken into custody• 4th Amendment (seizure) applies so must be

reasonable– Either with an arrest warrant or w/o a warrant if there is

probable cause– Courts have allowed “drug courier profile”

• Reasonable suspicion required to stop and question an individual

• Police may ask to speak with someone w/o either

Arrest

• Traffic stops are technically arrests because you are not free to leave

• Police may use as much physical force as necessary

• Use of too much force or an unlawful arrest violates the Civil Rights Act

• The Case of… pg. 137 (handout)

Search and Seizure

• Individual privacy vs. government need for information

• Warrantless searches are common except for homes

• Exclusionary Rule (Mapp vs. Ohio 1961)• Problem 12.4 (handout)

Search and Seizure

• Searches with a Warrant– Court order

– Affidavit

– “In plain view”

• Searches without a warrant– Search incident to a lawful arrest

– Stop and frisk

– Consent

– Contraband (Plain view)

– Hot pursuit

– Vehicle searches

– Emergency situations

– Border and airport searches

Search and Seizure

• Public School Searches– New Jersey v. TLO (1985)– Vernonia School District v. Acton (1995)– Drug dogs

• Suspicionless Searches– Railroad employees– Sobriety checkpoints

• Racial Profiling

Interrogations and Confessions

• 5th Amendment: privilege against self-incrimination

• Escobedo v. Illinois (1964)– Right to counsel during questioning

• Miranda v. Arizona (1966)