B. This Course Is a Required Course for the Associate in Applied Science Degree

SYLLABUS FOR CJSA 1313 Court Systems and Practices Semester Hours Credit: 3 Lecture Hours: 48

Location: Flex WeBB Course Course Dates/Days/Times: 9 Oct - 3 Dec 2017 Instructor: Teresa Prupis Virtual Office Hours: 14:00-18:00 Instructor Email: [email protected]

I. INTRODUCTION

A. This course provides an examination of the role of the judiciary in the criminal justice system. It includes the structure of the American court system, prosecution, right to counsel, pre-trial release, grand juries, adjudication process, types and rules of evidence, and sentencing.

B. This course is a required course for the Associate in Applied Science degree.

C. This course is occupationally related and serves in preparation for career(s) in Criminal Justice, Law Enforcement, and Corrections.

D. Prerequisite(s): (None)

E. Alphanumeric coding used throughout the syllabus denotes the integration of SCANS occupational competencies (C) and Foundation skills (F).

II. LEARNING OUTCOMES

Upon successful completion of this course, Court Systems and Practices, the student will:

A. Discuss the nature and extent of individual rights guaranteed by the Constitution and discuss in depth those rights in the 4th, 5th, & 6th Amendments that constitute the heart of the law of criminal procedure.

B. Describe the American judiciary system and its structure.

C. Identify the roles of judicial officers and the trial processes from pretrial to sentencing and interpret the role of evidence.

D. Apply the law of arrest, search and seizure, confessions, and pretrial identification,

CJSA 1313 11th Ed. (08.14) Page 1 of 32 to particular fact situations, in each case.

III. INSTRUCTIONAL MATERIALS

The instructional materials identified for this course are viewable through http://www.ctcd.edu/academics/booksinstructional-materials/ .

Required Student Textbook:

Ferdico, J. (2012). Criminal Procedure for the Criminal Justice Professional- Custom Cover. 11th ed. Cengage

ISBN: 9781111835583

IV. COURSE REQUIREMENTS

A. Your first responsibility is scholarship and registration. Central Texas College (CTC) Site Coordinators are available at various locations to assist you. If a CTC Site Coordinator is not available, contact your education center counselor for assistance.

B. Course assignments for FlexWeBB course are available in the Blackboard. You will need your seven digits CTC ID to access your Blackboard account. Visit your local CTC Site Coordinator or follow the instructions on the Central Texas College WebAdvisor if you need help retrieving it.

C. Access CTC Blackboard: https://ctc.blackboard.com/

 Your username is 'c'(lowercase) + your 7-digit CTC ID

 Your password is the month, day, and last two digits of the year in which you were born, in numeric form: mmddyy.

D. This course is 48 clock hours in length and it is designed for you to work offline, for the most part. Access to the Blackboard will be mandatory during the first and the last week of the course, unless different arrangement have been made.

E. Graded assignments are to be downloaded from the Blackboard on the student’s personal device or printed out. Those are available in the Download File. Ensure access to hard copies for working offline.

F. First week graded assignment includes syllabus review. You are responsible to download the syllabus, review it, and submit a confirmation through the Blackboard assignment, indicating that the task has been completed. Failure to do so in timely manner will result in administrative withdrawal during the Census- Certification Roll completion.

G. Occasionally an alternate assignment may be provided to accommodate the needs of students in remote locations. If in doubt, consult your instructor.

CJSA 1313 11th Ed. (08.14) Page 2 of 32 H. You will set your own schedule within the time frame the course is offered. It is your responsibility to submit all assignments by the end date and complete all exams. For more information on the exams, read the EXAM section below.

I. You will have an assigned instructor. If at any time you do not understand a reading assignment, audio visual presentation or lab work, ask your instructor for assistance. The instructor is there for you.

J. You are encouraged to give your best effort throughout the course. From the beginning, you should plan for a steady, organized, and continuous effort, which in the long run will prove more effective for your final grade than a last minute crash- cram policy. Your course grade is not determined solely by exam grade. Such factors as individual assignments, research papers or projects will be considered in grade computation.

K. You are expected to read all assigned material. Keep informed on all assignments.

L. Scholastic Honesty: All students are required and expected to maintain the highest standards of scholastic honesty in the preparation of all coursework and during examinations. The following are considered examples of scholastic dishonesty:

Plagiarism: The taking of passages from the writing of others without giving proper credit to the sources.

Collusion: Using another’s work as one’s own, or working together with another person in the preparation of work, unless such joint preparation is specifically approved in advance by the instructor.

Cheating: Giving or receiving information on examinations.

Students guilty of scholastic dishonesty will be administratively dropped from the course with a grade of “F” and be subject to disciplinary action, which may include suspension and expulsion.

M. Special Work: A term paper or other project, per requirements of the instructor, may be required. The subject must be appropriate for the course material. Check with the instructor when you have made a selection. The value is indicated in the semester grade computation and has considerable weight on your final average.

V. COURSE FORMAT – Flex WeBB with Blackboard

A. What are Flex WeBB courses?

Flex WeBB courses are offered at select locations. These courses are designed for students without consistent, reliable internet access. Access to the Internet is required at the beginning of the course to check into class and download the syllabus and assignments, and before the end of the course for submitting completed assignments and to take exams via Blackboard. It differs from the traditional college course in that you are allowed to work on your own, at your own pace, within set schedule limitations.

CJSA 1313 11th Ed. (08.14) Page 3 of 32 It is your responsibility to ensure access to your CTC Blackboard course at the beginning and by the end of the course, and that you familiarize yourself with the contents and assignments. It is also your responsibility to log into CTC Blackboard and submit assignments and take all required exams before the last day of the course. Failure to do so will have a negative impact on the course grade.

The course is scheduled for eight weeks. There will be no lectures provided by the instructor. You are responsible for following the sequence of activities presented in the course outline and completing all the assignments and exams as required.

Instructor consultations will be available throughout the course. You are responsible for arranging those with the instructor.

B. How long do I have to complete the coursework?

All CTC Europe Flex WeBB courses have scheduled start and end dates. Generally, courses will be 8 weeks in length. Failure to complete the required coursework within this timeframe or to demonstrate satisfactory academic progress in this class may result in one of the following actions:

 You may receive an “F” as a course grade.  You may receive a “W” (withdrawal).  Your account may be placed on hold.  You may be required to reimburse your funding source for the full amount of tuition plus additional costs.

Contact the student services ([email protected]) for answers to questions regarding student services (records, transcripts, etc.), financial aid, and other concerns you might have.

C. How do I contact my instructor?

 If you are in a deployed or remote location without frequent internet access, you are to call the nearest education center and ask to speak with the CTC Site Coordinator. CTC Site Coordinators will contact the headquarters and arrange for the instructor to establish contact using your DSN number.

 If you have Internet capabilities, you will communicate with your instructor through the Blackboard Messaging system. Contact your local Site Coordinator if you do not to hear from your instructor.

VI. EXAMINATIONS

A. Your course will have two major exams, and a term paper. Exams will be administered via Biometric Signature application. See Blackboard announcement for additional information.

B. If you know in advance that you will be unable to complete the exam by the last day of the course, due to valid reasons, it is your responsibility to communicate with the CJSA 1313 11th Ed. (08.14) Page 4 of 32 instructor in a timely manner and arrange to take an early examination, or to ask the instructor for an extension and an “IP” grade with a specific extension deadline that the instructor issues. Ensure to consult with the instructor about make-up work.

C. Students without excused exam completion will be given a zero for the missed examination. D. Examinations may consist of both objective (true/false, multiple choice, fill in-the- blank, and matching) and subjective (short answer and essay) questions.

VII. SEMESTER GRADE COMPUTATIONS

Your grade will be determined by the total number of points you receive on assignments, paper, and examinations. This shows how each assignment or exam is graded.

EXAM POINTS POINTS GRADES Assignments & Quizzes 200 900-1000 A=4 pts/sem hr Mid-term Exam 250 800- 899 B=3 pts/sem hr Final exam 350 700- 799 C=2 pts/sem hr Syllabus Review Due Week1 50 600- 699 D=1 pt/sem hr Term Paper/Term Project 150 0- 599 F=0 pts/sem hr ------TOTAL 1000

The possible grades for this course are A, B, C, D, or F. In order to receive transferable credit for this course, a grade of C or above must be earned. As a rule, Ds will not transfer to other colleges. If you feel you cannot continue with the course, it is your responsibility to withdraw using the appropriate procedures based on your individual situation.

VIII. NOTES AND ADDITIONAL INSTRUCTIONS FROM COURSE INSTRUCTOR

A. Tuition refunds are made only in the case of class cancellation or official and timely withdrawal from CTC or from a course. Please refer to the current course catalog for more details.

B. GoArmyEdstudents should contact their education counselor before withdrawing and are required to withdraw through the GoArmyEd portal.

Please note: a military withdrawal does not override CTC’s grading policy. For self-pay students, refunds are computed from the date the Application for Withdrawal or Refund is filed with the CTC Site Coordinator or designated Student Services Officer. Special conditions apply to students who receive federal, state, and/or institutional financial aid.

CJSA 1313 11th Ed. (08.14) Page 5 of 32 Tuition and fees paid directly to the Institution by the Veterans Administration, Title IV (Financial Aid Programs, a sponsor, donor, or scholarship shall be refunded to the source rather than directly to the students.

C. Course Withdrawals, Student Responsibilities: It is the student’s responsibility to officially withdraw from a course. The instructor cannot initiate a withdrawal based upon a student’s request. Rather, students must initiate the withdrawal with the designated Education Center Representative, through the CTC Site Coordinator or the Student Services Officer for that region.

D. Extensions/ Incomplete / Course in Progress Grade Policy:

In general, extensions are not granted; i.e., you must complete all coursework by the last day of class.

Aside from completing all coursework before the last day of class, you must meet any and all deadlines within the course session as posted by your instructor.

 An “IP” grade may be assigned by an instructor. In order to be considered for an “IP,” you must meet all of the following requirements: o Satisfactory progress in a course.

o Completion to a major portion of the course requirements as scheduled, with the exception of a major quiz, final exam, or other project.

o Documentation of inability to complete the course requirements is due to circumstances beyond your control, such as personal illness, death in the immediate family, military orders, or, in the case of distance learning courses, technology issues.

o Communication to the instructor in advance of absences/non-participation, whenever possible.

o Proposal of specific timelines for completion of the remaining course requirements. Any requests for extensions must be submitted to your instructor in writing (emails or messages) prior to the end of the course. IP grades are not granted automatically. The instructor makes the final decision concerning the granting of the incomplete grade (course extension) and will set an appropriate deadline for the extension based on the amount of coursework remaining. An “IP” grade cannot be replaced by the grade of “W.” If you elect to repeat the course, you must register, pay full tuition and fees and repeat the entire course. With an “Incomplete” grade, students are required to complete a set amount of work before the instructor will submit an official letter grade. All coursework must be submitted prior to 45 days from the last day of class to allow for processing of your grade. Failure to do so will result in the IP becoming an F or FI. Under no circumstances will the deadline exceed 110 days after the scheduled end of the course.

If you feel you cannot continue with the course, it is your responsibility to withdraw using the appropriate procedures based on your individual situation. Information and forms are CJSA 1313 11th Ed. (08.14) Page 6 of 32 available at https://ctceforms.ctcd.edu/index.aspx. Questions may be directed your local Site Coordinator.

E. Instructor Discretion : The instructor reserves the right of final decision in course requirements.

F. Civility: Individuals are expected to be cognizant of what a constructive educational experience is and respectful of those participating in a learning environment. Failure to do so can result in disciplinary action up to and including expulsion.

IX. COURSE OUTLINE

*The instructor has the right to change the course schedule. Any changes will be announced on the first day of the class.

This is an eight-week course. It starts on 9 October 2017 and ends on 3 December 2017.

This course has been developed in the Blackboard. It is a Flex WeBB course with exact start and end dates. Follow the announcement for additional information on the course contents that you download, on assignments that you submit, and on exams that you must take. Be sure to review the syllabus thoroughly and submit the syllabus assignment.

Lesson 1

Introduction

Chapters 1 and 2 provide a foundation for the study of criminal procedure through a brief review of common law and the creation of the U.S. Constitution. The state and federal court system was developed following the template laid out by the founding fathers. It is from this template that criminal justice professionals are presented with the rules of criminal procedure to follow even before entering the courtroom. The remedy for a violation of these rules is the exclusion of evidence before it reaches the courtroom.

Learning Objectives

CJSA 1313 11th Ed. (08.14) Page 7 of 32 When you successfully complete this lesson, you will be able to:

Chapter 1

 Explain how criminal law and criminal procedure are often in conflict as courts try to balance the need for crime control with constitutional guarantees of due process.

 Summarize the historical context that gave birth to the concern for the individual rights embodied in the United States Constitution.

 Explain how the legislative, judicial, and executive branches of government are involved in the protection of the constitutional rights of citizens.

 Define the individual rights protected by the original Constitution of 1788, and the terms habeas corpus, bill of attainder, ex post facto law, and treason.

 Explain the general nature and limits of the rights embodied in the Bill of Rights, especially the First Amendment freedoms of religion, speech, press, assembly, and petition; the Fourth Amendment prohibition against unreasonable searches and seizures; the Fifth Amendment protections against double jeopardy and self-incrimination; the Sixth Amendment rights to a speedy and public trial, notice of charges, confrontation with adverse witnesses, compulsory process for favorable witnesses, and assistance of counsel; and the Eighth Amendment rights against excessive bail and fines and against cruel and unusual punishment.

 Differentiate the concepts of due process and equal protection as guaranteed by the Fifth and Fourteenth Amendments.

 Chapter 2

 Describe the dual court structure of the United States.

 Trace the progress of a criminal case through its various pretrial stages from arrest through pretrial motions.

 Explain the characteristics and functions of a complaint, an affidavit, a summons, a warrant, an indictment, an information, a motion, a subpoena, and a deposition.

 Differentiate preliminary hearings, grand jury proceedings, and arraignments.

 Analyze the nature of prosecutorial discretion, including how it can manifest in selective or vindictive prosecution.

 Assess why plea bargaining and discovery are essential to the administration of criminal justice.

 Contrast the difference between venue and jurisdiction.

 Evaluate the reasons underpinning the exclusionary rule, its exceptions, and its significance to criminal procedure.

CJSA 1313 11th Ed. (08.14) Page 8 of 32   

 Learning Activities 1. Read the assigned chapters in the textbook

 Chapter 1

 Chapter 2 2. Review the key terms for each chapter. Key terms are listed at the end of each chapter, highlighted in bold throughout the chapter, and defined either in the text or in the Glossary. 3. Complete the lesson assignments.

Assignments Respond to the following questions with a minimum of 3 complete sentences, using as much space as you need to give a thorough response to each question. Please use a word processing program that will allow you to use Times New Roman or Times Roman font at 12 points and double-space your work.

Chapter 1

1. How has the Constitution been able to remain a durable and viable instrument of government despite the enormous changes that have occurred in our society since its adoption? Discuss the issue in terms of specific changes.

2. The Constitution speaks predominantly in terms of the protection of individual rights from governmental abuse or abridgment. What corresponding obligations and burdens must each citizen undertake or bear to ensure that everyone remains free to exercise these rights to their full extent?

Chapter 2

1. What is a grand jury and what are its functions? Compare and contrast the similarities and the differences between preliminary hearings and grand jury proceedings.

2. What is a motion to suppress evidence? Why is it particularly important to constitutional criminal procedure and, therefore, criminal justice professionals - especially law enforcement officers?

Discussion 1

The majority of the class will involve the study of criminal procedure and the balance between two “competing” governmental interests:

The protection of society and maintaining law and order

CJSA 1313 11th Ed. (08.14) Page 9 of 32 VS

The protection of individual rights.

Beginning on page 4 of your text (Ferdico), the balance between Due Process and Crime Control is discussed. Herbert Packer discussed these competing concepts (see table 1.2, p. 5). Keep in mind that these two competing governmental interests are at odds each time action is taken by the police, corrections and the courts – our criminal justice system. It is important to understand that criminal procedure is the study and practice of how the law is made and enforced. For example, each time the police conduct a search or make an arrest they are intruding into an individual’s rights. The determination of whether that intrusion is reasonable is weighed against the need to protect society. It is our individual rights as defined in the Bill of Rights, (generally amendments 1-10 & 14), which provide the template for the interpretation of actions by the government that affect those individual rights. This interpretation is carried out by the judicial branch of government through a concept known as judicial review. Judicial review is the process by which the courts determine if actions by the government are in adherence to constitutional law – the supreme law of the land. The case of Marbury v. Madison (1803) made clear that it was the responsibility of the judicial branch of government to determine what the law is and to interpret that law. Marbury v. Madison is discussed on p. 9 (Ferdico).

To explain the concept with an analogy, we could use a football game and instant replay as an example. Let’s say a player scores a touchdown in the remaining seconds of a football game causing his team to win the game. That outcome (his team winning the game) is not set unless it survives scrutiny by instant replay. The referees in the game would be the judicial branch of government in our analogy. If the referees determine that the team who scored the touchdown violated the rules of the game, then the touchdown does not count. A holding penalty against the scoring team would be equivalent to an illegal search by the police that leads to an arrest. The score does not count because of the penalty, just as the arrest will be invalidated by the illegal search. If the touchdown does not count that team could lose the game without those points. If the arrest and all of the fruits of the arrest are thrown out because of the illegal search, the government could lose its case against the defendant. A football coach throwing a challenge flag in a football game is challenging a play by saying that the play should not count because of a violation of the rules of the game. The challenge by the football coach is the same as a defense attorney filing a motion to suppress evidence used to incriminate his client based on the defense attorney’s belief that the government violated the rules of due process and/or acted in violation of a constitutional amendment. Without the referees in a football game and judges in our criminal justice system there would be no one to interpret the rules and chaos would occur.

The title of this book is Criminal Procedure for the Criminal Justice Professional. Criminal procedure is governed by a set of rules, the foundation of CJSA 1313 11th Ed. (08.14) Page 10 of 32 which is contained in our Constitution and Bill of Rights. It is the responsibility of criminal justice professionals to understand this set of rules (limitations) put in place to balance the protection of society and protection of individual rights. One cannot exist without the other.

Before beginning this class, what is your opinion or idea about the current status of the two competing interests mentioned above:

1. Does the United States Government do a good job of protecting society and maintaining order?

2. Does the United States Government intrude into your individual life to the point that your individual freedom and privacy is unfairly compromised?

Lesson 2

Introduction

Through judicial review, the courts ensure the rules of criminal procedure, as envisioned by the founders, are followed with a reasonable regard for individual rights and privacy. Privacy, reasonableness, and probable cause define and regulate the protection of society so that individual rights remain intact.

Learning Objectives

When you successfully complete this lesson, you will able to: Chapter 3

 Explain the nature of the right of privacy in the Law of criminal procedure and how it has affected court resolutions of Fourth Amendment issues.

 Define and analyze probable cause to search and to arrest.

 Apply the indications of criminal activity that support probably cause.

CJSA 1313 11th Ed. (08.14) Page 11 of 32  Examine the two-pronged test of the Aguilar case for establishing probable cause through the use of an informant's information.

 Evaluate how an informants information can be bolstered by corroboration in order to establish probable cause.

 Explain the Gates "totality-of-the-circumstances" test for determining probable cause.

 Define reasonableness and evaluate its importance in the law of criminal procedure, especially with respect to arrests, searches, and seizures.

 Chapter 3 2. Review the key terms for each chapter. Key terms are listed at the end of each chapter, highlighted in bold throughout the chapter, and defined either in the text or in the Glossary.

3. Complete the lesson assignments.

4. Begin Case Briefs. Case brief found under assignments folder.

Chapter 3

1. Should a person in a phone booth be given the same degree of 4th Amendment protection as a person in his or her bedroom? As a person in his or her garage? As a person in his or her automobile?

2. What does corroboration mean, and why is it important to a law enforcement officer in establishing probable cause through the use of informants?

Discussion 2

Review privacy rights of individuals beginning in Chapter 3 (Ferdico). There are two approaches to privacy discussed: The Old Property Rights Approach and the Modern-day Approach: The Reasonable Expectation of Privacy. The Katz Case (1967) was the turning point in which courts began considering a person’s

CJSA 1313 11th Ed. (08.14) Page 12 of 32 reasonable expectation of privacy vs. property rights and physical intrusions when considering invasions of privacy by the government.

In the following scenario an FBI agent receives information that several people are conspiring to rob a bank. An informant tells the agent that two of the robbers are going to meet at a particular time at a particular park bench in view of the bank to case the bank and discuss their plans for the robbery.

1. If the FBI places a microphone under the park bench and records the conversation would this action constitute a search and/or an invasion of the robber’s reasonable expectation of privacy?

2. If an undercover FBI agent was sitting on the park bench at the time the two robbers had a conversation, would overhearing that conversation constitute a search and/or an invasion of the robber’s reasonable expectation of privacy?

Begin Case Briefs .

Take Non-proctored Test 1 .

Submit assignments as instructed in Preliminary Task 2: Know How and When to Submit Assignments.

Lesson 3

Introduction

With an understanding of the rules and remedies guiding criminal justice professionals, one of the most important tools aiding the government in the protection of society is the permissible intrusion into individual privacy through searches supported by oath or affirmation – the search warrant. The Fourth Amendment has endured for over 200 years, remaining relevant even into the digital age. Two realms of privacy now exist – the physical world and the virtual world. The struggle to apply the protections envisioned by the founding fathers to the virtual world is a challenge facing criminal justice professionals and is currently being examined by the courts.

CJSA 1313 11th Ed. (08.14) Page 13 of 32 Learning Objectives

 Describe the general history of the development of the Fourth Amendment.

 Explain how to obtain a search warrant, including the following: who issues search warrants, the grounds for issuance, what may be seized, and how to describe the person or place to be searched and the things to be seized.

 Discuss how triggering conditions affect the validity and execution of an anticipatory search warrant.

 Analyze how to execute a search warrant, including the following: who may execute a search warrant; when a search warrant may be executed, allowable delays, and how long the search may last; gaining entry to premises; authority to search persons not named in the warrant; allowable scope of the search and seizure; and duties after the search is completed.

 Identify the consequences of having acted with reckless disregard for the truth when applying for search warrants.

 Explain the Rule 41 notice and inventory requirements and how those requirements might be altered by the rules covering covert entry and delayed notification.

 Apply the constitutional limits on the seizure of items found in a search.

 Analyze the permissible scope of searching third parties and their belongings during the execution of a valid search. Chapter 5

 Explain the relevance of computer forensics to searches for electronically stored information (ESI).

 Differentiate the two-stage process used for most searches of ESI.

 Analyze the requirements some courts impose on applications for search warrants for ESI.

 Explain the scope and applicability of Title III of the Omnibus Crime Control and Safe Streets Act of 1968 to wire, oral, and electronic communications for both private persons and state actors.

 Evaluate the conflicting demands for more effective law enforcement and individual privacy rights relevant to electronic surveillance. CJSA 1313 11th Ed. (08.14) Page 14 of 32  Describe the ways in which Title III provides for judicial supervision of electronic surveillance.

 Compare and contrast an interception order under Title III and an ordinary search warrant.

 Explain the statutory limitations on the use of pen registers; trap-and- trace devices; tracking beepers; GPS; and real-time, cell-site data searching under the Electronic Communications Privacy Act of 1986.

 Analyze the procedures for accessing e-mail, voice-mail, and social networking information under the Stored Communications Act of 1986 and other applicable laws.

 Explain the scope of counterintelligence and counter-terrorism surveillance authorize under the Foreign Intelligence Surveillance Act (FISA) through the use of FISA warrants, including the different levels of proof needed for the issuance of such warrants.

 Explain the jurisdiction and procedures of the Foreign Intelligence Surveillance Court (FISC), as well as when compliance with FISC is exempted under executive-approval exceptions to the usual FISA warrant procedures.

 Chapter 4

4. Continue working on Case Briefs .

Chapter 4

1. Why is time a more important factor in determining probable cause to search than it is in determining probable cause to arrest?

CJSA 1313 11th Ed. (08.14) Page 15 of 32 2. Name three kinds of property that are likely to remain in a particular place for longer than a week.

Chapter 5

1. Under what circumstances are random, warrantless, and suspicion-less searches of high school students permitted? What is the underlying rationale of these searches? Critique this rationale.

2. Explain the controversy in the courts concerning the use of real-time, cell-site searching in order to track the location of a cell phone's user.

Discussion 3 Chapter 4 - Review pages 132-138 – Grounds for Issuing Search Warrants (Ferdico). On page 139, there is a scenario titled Criminal Procedure in Action – Evaluating an Application for a Search Warrant. Review the basic facts presented in the FBI Agent’s application for search warrant which, if approved by a magistrate, will allow the agent to enter, search for and seize child pornography in the defendant’s home. Answer the discussion questions posed. Keep in mind that you are putting yourself in the role of the magistrate when considering the agent’s presented facts. Also remember that this is an affidavit for search which is based on probable cause. The magistrate’s job in reviewing a search warrant affidavit is not to determine guilt or innocence but determine if sufficient facts are present to justify an intrusion into a person’s home to further this investigation.

1. What facts in the affidavit support the issuance of a search warrant?

2. What reasons can you explain for denying the search warrant based on the sufficiency of the search warrant?

Bonus Choose to discuss any concerns you have regarding the “staleness” of information or you may choose to defend the timeliness of the information. Keep in mind that staleness depends largely on the type of evidence for which you are searching. Staleness is discussed on p. 137 & 138 in your textbook.

Hint on staleness of evidence: If you imagine food in your house as evidence to be searched for, does all food have the same expiration date. If you bought a loaf of bread and a pound of sugar on the same day, consider which is likely to still be inside your house 30 days after the purchase. In an affidavit for a search warrant you are alleging that evidence of a crime will still be inside the place to be searched when you execute the warrant.

Continue working on Case Briefs .

Submit assignments as instructed in Preliminary Task 2: Know How and When to Submit Assignments. CJSA 1313 11th Ed. (08.14) Page 16 of 32 Lesson 4

Introduction

Through the process of judicial review, the courts have interpreted and adapted the reasonableness clause of the Fourth Amendment to define areas of society where individual privacy is overshadowed by the need for society to function as an entity benefiting the many. Areas of public domain are where individual privacy is secondary to safety and practicality. Reasonable exceptions to individual protections allow the government to function without anarchy. One of the most important and powerful tools of the criminal justice professional is the ability to act – arrest, search, and seize – based only on probable cause without having to first obtain a warrant.

Learning Objectives

When you successfully complete this lesson, you will able to:

Chapter 6

 Differentiate an administrative search warrant from a criminal search warrant.

 Explain the meaning of and rationale justifying special needs searches.

 Compare and contrast the special needs searches allowing for warrantless searches and seizures based on reasonable suspicion and those permitting warrantless searches and seizures without any particularized suspicion. Chapter 7

 Define the elements of a formal arrest.

 Explain the distinctions among a seizure, a stop, and a seizure tantamount to arrest (de facto arrest).

CJSA 1313 11th Ed. (08.14) Page 17 of 32  Evaluate the difference between arrest warrant and a summons; explain why arrests made pursuant to a warrant are preferred.

 Differentiate between the warrantless arrest authority for misdemeanors and for felonies.

 Identify and examine the procedures for making a formal arrest. Explain the law relating to citizen's arrest, arrest in "hot pursuit," arrest in "fresh pursuit," and other arrests made in emergency circumstances.

 Identify and examine the limitations on the use of force in making arrests, self-defense, defense of others, and entry of dwellings.

 Analyze the legal requirements and procedures for dealing with an arrested person after the arrest is made.

 Identify and evaluate the consequences of an illegal arrest.

 Evaluate the law's preference for search warrants and why exceptions to the warrant requirement are allowed.

 Identify and examine the allowable purposes of a search incident to arrest as set forth in Chimel v. California.

 Describe the limits on the allowable scope of a search incident to arrest with respect to the search of other areas of premises for accomplices and destructible evidence (e.g. the "protective sweep").

 Analyze the principal requirements of a valid search incident to arrest, including: (1) lawful custodial arrest; and (2) contemporaneous nature of arrest and search.

 Evaluate the limits on the allowable scope of a search incident to arrest with respect to the following: (1) property that may be searched for and seized; (2) search and seizure of an arrestee's body and items and evidence in or on the body, (3) search of items immediately associated with or carried on the arrestee's body; (4) search of the area within the arrestee's immediate control, including proximate containers within this area' (5) search of motor vehicles.

 Describe the limits on the allowable scope of a search incident to arrest with respect to the search of the arrestee's companions.

 Evaluate who may conduct the search incident to arrest and specific limitations on the use of force.

 Examine the limitations on a search incident to detention.

 Chapter 6 CJSA 1313 11th Ed. (08.14) Page 18 of 32  Chapter 7 2. Review the key terms for each chapter. Key terms are listed at the end of each chapter, highlighted in bold throughout the chapter, and defined either in the text or in the Glossary.

Assignments

Respond to the following questions with a minimum of 3 complete sentences, using as much space as you need to give a thorough response to each question. Please use a word processing program that will allow you to use Times New Roman or Times Roman font at 12 points and double-space your work.

Chapter 6

1. What are the differences between conventional search warrants (directed toward gathering evidence for a criminal prosecution), administrative search warrants, and special needs searches?

2. Under what circumstances are random, warrantless, and suspicionless searches of high school students permitted? What is the underlying rationale of these searches? Critique this rationale.

Chapter 7

1. Name several ways in which a law enforcement officer or officers can prevent a routine encounter with a person on the street from being considered a seizure tantamount to arrest.

2. If a law enforcement officer has probable cause to arrest, does the officer have to make an arrest? If not, what alternatives to arrest are available, and under what circumstances should they be used?

Discussion 4 Chapter 6 - Review “Special Needs Searches” pages 209-219. (Ferdico) On page 218, read the scenario titled Criminal Procedure in Action – Are Strip Searches of Students at School Reasonable?

1. Evaluate the constitutionality of the school officials' actions when they searched Savanna Redding's person in the school nurse's office. Did they have reasonable suspicion to conduct such a search? Why or why not? Even if they were justified in searching her person, did they act unreasonably when they required CJSA 1313 11th Ed. (08.14) Page 19 of 32 Savana to pull her bra out and to the side and shake it, thereby exposing her breasts? How about when they instructed Savana to pull out the elastic on her underpants thereby exposing her pelvic area? Explain your reasoning. (Remember New Jersey v. T.L.O. is the court case relied on for precedent is this case – p. 215 Ferdico) Discuss this issue and feel free to respond or disagree with other students.

Lesson 5

Introduction

Investigative tools, like obtaining consent to search, allows criminal justice professionals to act based on less than probable cause without jeopardizing an individual’s right to be free from unreasonable searches and seizures. Other procedural tools available to criminal justice professionals, like stops, allow investigations to begin when less than probable cause exists. Frisks are not a full evidence seeking intrusion into personal privacy but allow investigations to proceed safely.

Learning Objectives . When you successfully complete this lesson, you will able to:

Chapter 8

 Analyze the distinctions among a stop, a formal arrest, a seizure tantamount to an arrest, and minimal non-intrusive contact between a citizen and a law enforcement officer.

 Explain the distinctions between a frisk and a full search.

 Evaluate how to balance competing interests when determining the reasonableness of a stop and frisk.

CJSA 1313 11th Ed. (08.14) Page 20 of 32  Explain what justifies a law enforcement officer in stopping a person and what interference with the person's freedom of action the law permits.

 Describe what justifies a law enforcement officer in frisking a person and the scope of the search the law permits.

 Apply the legal principles governing stops and frisks to analogous situations, such as detentions and examinations of luggage, mail, and other property. Chapter 9

 Explain the benefits of a consent search to the law enforcement officer and the person being searched.

 Evaluate the circumstances that are considered in determining whether a consent search is voluntary.

 Differentiate between consent to enter premises and consent to search premises.

 Analyze how the scope of a consent search is limited by the person giving consent, the area to which consent to search is given, time, and the expressed object of the search.

 Evaluate the circumstances under which a third person may be authorized to consent to a search of a person's property and how third-party consent is affected by the person's reasonable expectation of privacy.

 Chapter 8

CJSA 1313 11th Ed. (08.14) Page 21 of 32 Chapter 8

1. Must there be an immediate possibility of criminal activity to justify a stop, or would a possibility of criminal activity at some time in the future suffice? What about when an officer has reasonable suspicion of criminal activity as to a past crime?

2. Assuming that a law enforcement officer reasonable believes that a suspect is dangerous and may gain immediate control of weapons from an automobile, how extensive a protective search of the automobile may be made? May the officer look into suitcases and other containers in the passenger compartment? In the trunk?

Chapter 9

1. If a person is deprived of freedom of action in a significant way by a law enforcement officer, is it necessary for that person to be given warnings of the right to refuse consent before being asked for consent to search? Explain.

2. Can the following persons give a valid consent to search?

 A highly intoxicated person

 A five-year-old, a seven-year-old, or a ten-year-old child

 A mentally retarded or senile person

 An emotionally upset person

 An uneducated person Discussion 5 In chapter 9, review “Who May Give Consent?” beginning on page 365 (Ferdico). On page 368, read the scenario titled Criminal Procedure in Action – “What Happens When One Occupant of a Residence Consents to a Police Search but Another Physically Present Occupant Refuses Consent?”

After reading the facts of the case in Georgia v. Randolph discuss the following issues.

1. Based on the case of Georgia v. Randolph, may a spouse ever provide officers with the legal authority to search property belonging to the other spouse?

2. Can police search a residence based on the consent of one spouse over the objection of the other spouse? Explain.

Bonus: (5 points) In Georgia v. Randolph a search warrant was written after consent was withdrawn by Mrs. Randolph. What should happen to the evidence obtained during the execution of that search warrant? Why?

CJSA 1313 11th Ed. (08.14) Page 22 of 32 Continue working on Case Briefs .

Lesson 6

Introduction

Between places and circumstances providing individuals with privacy, and places and circumstances in the public domain, there is an area of legally defined exceptions. These circumstances and places allow increased governmental intrusion. These places are sometimes defined by physical locations – as with vehicles and open fields. But sometimes circumstances, and not the physical environment, will negate individual privacy. In the latter, the plain view doctrine allows officers to seize evidence or contraband happened upon during the legal course of their duty.

Learning Objectives

 Explain the rationale for the plain view doctrine.

 Evaluate the requirements of the plain view doctrine.

 Describe examples of prior valid intrusions into zones of privacy.

 Analyze the various ways officers are permitted to develop probable cause for plain view searches and seizures.

 Evaluate the distinction between a plain view observations and a search, especially with respect to closer examinations of items and examinations of containers.

 Understand that a plain view seizure need not be inadvertent.

 Analyze the so-called plain touch or plain feel doctrine. Chapter 11

CJSA 1313 11th Ed. (08.14) Page 23 of 32  Evaluate the rationale for and the scope of searches allowed under the Carroll doctrine (automobile exception to the search warrant requirement).

 Describe the requirements that must be met for the automobile exception to apply.

 Analyze how the differences between a motor vehicle and a movable container with respect to expectation of privacy affect a law enforcement officer's warrantless search authority.

 Evaluate the differences between the automobile exception and the search-incident-to-arrest exception in the vehicle context.

 Explain the circumstances under which a motor vehicle may be impounded.

 Describe the requirements that must be met before law enforcement officers may conduct an inventory of the vehicle's contents.

 Analyze a search and seizure situation involving a motor vehicle in terms of the reasonable expectation of privacy of the vehicle's occupants (e.g., these occupants' "standing" to challenge a search of the vehicle). Chapter 12

 Explain how the concepts of open fields, curtilage, and reasonable expectation of privacy interrelate and their importance to the law of search and seizure.

 Analyze a fact situation involving a description of a place, and determine whether the place is located in the open fields or its within the curtilage.

 Evaluate the differences between the open fields doctrine, the plain view doctrine, and observations into the curtilage from a vantage point in the open fields or a public place.

 Describe the factors considered by courts in determining whether premises, objects, or vehicles have been abandoned, and evaluate the significance of abandonment in the law of search and seizure.

 Chapter 10

 Chapter 11

 Chapter 12

CJSA 1313 11th Ed. (08.14) Page 24 of 32 2. Review the key terms for each chapter. Key terms are listed at the end of each chapter, highlighted in bold throughout the chapter, and defined either in the text or in the Glossary.

Assignments

Chapter 10

1. May law enforcement officers take an item off the shelf in an antique store and examine it to determine whether it is stolen? May officers do the same thing in a private home into which they have been invited by a person who does not know they are law enforcement officers?

2. Does the plain view doctrine authorize a warrantless entry into a dwelling to seize contraband visible from outside the dwelling? Why or why not? What if an officer observes contraband from the hallway of a motel through the open door to one of the rooms? What if an officer observes contraband lying on the desk in someone's office?

Chapter 11

1. Are there any situations in which a warrant is required to search a motor vehicle? In reality, isn't the warrant requirement the exception rather than the rule in automobile cases? Fully explain your answer.

2. If officers have probable cause to search a vehicle stopped on the highway but no probable cause to arrest the passengers of the vehicle, can they search the passengers also? Does the answer depend on the nature of the evidence for which the officers are looking?

Chapter 12

1. Does the value of an object have any bearing on the question of whether a person abandoned it? Can a person who runs away from his or her automobile to avoid apprehension by the police be said to give up all reasonable expectations of privacy in the vehicle? What if the person locks the vehicle before fleeing? In a related vein, does the size or other physical characteristics of an object have any bearing on the question of whether a person abandoned it?

CJSA 1313 11th Ed. (08.14) Page 25 of 32 2. If a person undergoes emergency surgery after being shot by police while driving a stolen automobile, which of the following, if any, has the person abandoned?

 Clothing worn at the time of the shooting

 Wallets and other items in the pockets of the clothing

 Bullets surgically removed

 The automobile Discussion 6 The requirements of the plain view doctrine are discussed beginning in Chapter 10 on page 385 (Ferdico). There are two requirements or two prongs to the plain view doctrine.

1st prong: The officer must not unreasonably intrude on any person's reasonable expectation of privacy. If a person's reasonable expectation of privacy was invaded, then to satisfy the Fourth Amendment's mandate of reasonableness, the officer must have had a valid justification for having intruded upon or into a zone of privacy.

2nd prong: The incriminating character of the object to be seized must be immediately apparent to the officer. In particular, the officer must have probable cause to believe that the item he or she is observing and intends to seize, is incriminating in nature.

After reviewing the requirements of the plain view doctrine beginning on page 385 (Ferdico), answer the following questions.

A suspect in a robbery runs from the police. The suspect happens to run inside your house to hide from the police. You have no connection with the suspect or the robbery. The police chase the suspect into your house and apprehend him. During this apprehension the police notice that you have a marijuana plant growing in your living room.

1. May the police seize the marijuana plant and arrest you for possession of marijuana?

2. Explain why or why not the first prong of the plain view doctrine has been satisfied in this circumstance.

Bonus (5 points each)

Bonus 1. (5 points) - Would it ever be necessary to apply the plain view doctrine while executing a valid search warrant on an apartment for stolen property? Explain how this could happen.

CJSA 1313 11th Ed. (08.14) Page 26 of 32 Bonus 2. (5 points) - If you believe the answer to # 1 is that it would be possible to have to use plain view to justify your actions while executing a valid search warrant – would it ever be necessary to obtain a 2nd search warrant to search the same apartment at the same time you are executing the first search warrant? Explain.

Lesson 7

Introduction

The majority of this class has focused on the Fourth Amendment guiding criminal justice professionals beginning with investigations, through searches and seizures of individuals and places. In Chapters 13 & 14 the Fifth & Sixth amendment become the focus. The Fifth Amendment protection against self incrimination guides criminal justice professionals and is one of the most important amendments supporting the concept of the presumption of innocence. The Sixth Amendment provides legal counsel to those accused of a crime in all critical stages of a criminal prosecution including in person lineups. The most common evidence, witnesses, can often be unreliable.

Learning Objectives When you successfully complete this lesson, you will able to:

Chapter 13 Describe how the test for the admissibility of a defendant's admission or confession evolved from exclusively focusing on due process voluntariness to also including the Fifth Amendment Right to Counsel. Analyze whether the Miranda requirements apply to a particular fact situation that is, whether the suspect was subject to custodial interrogation. CJSA 1313 11th Ed. (08.14) Page 27 of 32 Explain under what circumstances further attempts at interrogation may be made after a suspect has exercised his or her right to remain silent, has requested the assistance of an attorney, or has waived the Miranda rights and submitted to interrogation. Evaluate whether the Miranda requirements have been satisfied in a case in which they apply - that is, whether the warnings were adequate, whether the rights were clearly waived, and whether the suspect was competent to waive the rights. Discuss the effect of Miranda in court. Differentiate the right to counsel under the Fifth and Sixth Amendments, and understand the distinct limitations placed on obtaining statements from suspect under each approach. Chapter 14 Define the terms confrontation, showup, lineup, and photo array. Describe how perception is a selective and interpretive process that can contribute to mistakes in identification procedures that can, in turn, lead to wrongful convictions. Explain the three phases of memory. Discuss both the estimator variables (including event factors and individual witness factors) that influence our ability to remember events accurately, and understand how these factors can contribute to mistakes in identification procedures that can in turn lead to wrongful convictions. Explain why the presence of counsel is required at a pretrial confrontations with witnesses conducted after the initiation of adversary judicial proceedings. Analyze when a law enforcement officer may use a one-person showup and the ways in which the inherent suggestiveness of the showup may be reduced. Evaluate the factors that indicate accuracy or reliability of an identification even if the identification procedure was unnecessarily suggestive. Explain the proper procedures for conducting a lineup and a photographic identification procedure.

 Chapter 13

 Chapter 14

CJSA 1313 11th Ed. (08.14) Page 28 of 32 2. Review the key terms for each chapter. Key terms are listed at the end of each chapter, highlighted in bold throughout the chapter, and defined either in the text or in the Glossary.

Chapter 13

1. Would any of the following actions cause a statement of a suspect to be involuntary?

 Making an appeal to the suspect's moral or religious beliefs.

 Confronting the suspect with the deceased or seriously injured victim of the crime in question.

 Starting an argument with, challenging, or baiting the suspect. 2. In New Work v. Queries, the Court said, "We think police officers can and will distinguish almost instinctively between questions necessary to secure their own safety or the safety of the public and questions designed solely to elicit testimonial evidence from a suspect." Do you agree or disagree with this statement? Describe three situations in which the distinction might not be so easy for a police officer to make.

Chapter 14

1. What are some of the factors that affect perception in the "normal" human adult who is free from any physical perceptual impairments? How might these factors affecting perception interfere with the accuracy of an eyewitness identification?

2. Why should photographic identification procedures not be used first when a subsequent physical lineup is contemplated?

Discussion 7 Chapter 14, beginning on page 535 (Ferdico), provides a great deal of discussion regarding the role human memory plays in misidentifications. After reading the chapter, please comment on the following topics related to eyewitness identification. CJSA 1313 11th Ed. (08.14) Page 29 of 32 1. What would you say to the assertion that the human mind of a victim or witness is a crime scene and should be treated as any other “physical” crime scene regarding preservation of evidence and implementation of affirmative steps to prevent contamination? Provide an example of what you think this means. How would law enforcement prevent contamination of a witness’s memory?

2. Review Discussion Point (p. 543, Ferdico) – “How Can We Reduce Mistaken Identity?” Do you believe it is possible in our system of justice for prosecutors and law enforcement to work together with organizations designed to provide criminal defense for accused suspects for the purpose of improving identification procedures.

Continue working on Case Briefs . Submit assignments as instructed in Preliminary Task 2: Know How and When to Submit Assignments.

Lesson 8 Introduction

The criminal trial is one of the final stages of the government’s pursuit of the accused, but it is not the final word. Even after a conviction of the defendant, appellate courts are tasked with reviewing certain aspects of the process, leading to that conviction. This review most often does not change the conviction but occasionally it can lead to altered outcomes, retrials, or outright reversals.

Learning Objectives When you successfully complete this lesson, you will able to:

Chapter 15

 Evaluate the constitutionality of lengthy delays in criminal cases from the perspectives of constitutional and statutory speedy trial act guarantees.

CJSA 1313 11th Ed. (08.14) Page 30 of 32  Explain how the Confrontation Clause serves to protect the rights of the criminally accused.

 Discuss the limitations of the Compulsory Process Clause in complex criminal prosecutions involving overseas actors or witnesses.

 Analyze the ways in which the jury selection process helps to increase the likelihood that a defendant will receive a trial by a fair and impartial jury.

 Explain the rights, duties, and functions of the judge, the jury, the prosecuting attorney, and the defendant in a criminal trial.

 Explain the different types of evidence and the different evidentiary burdens of proof.

 Evaluate the powers of and limitations on judges in determining the sentence.

 Describe the steps in a criminal appeal.

 Analyze the impact that appellate standards of review have on the outcome of criminal appeals.

 Contrast the major differences between appeal and habeas corpus.

4. Complete and turn in Case Briefs .

Assignments

CJSA 1313 11th Ed. (08.14) Page 31 of 32 Chapter 15

1. Explain the difference between a testimonial and non-testimonial communication for the purposes of the Confrontation Clause.

2. What limits does the U.S. constitution place on the exercise of peremptory challenges?

Discussion 8 Before beginning this class you were asked your opinion regarding the current status of these two competing interest: Does the United States Government do a good job of protecting society and maintaining order? Does the United States Government intrude into your individual life to the point that your individual freedom and privacy is unfairly compromised?

1. Has your answer to these two questions changed after your work in this class?

2. Can you think of any power the government has that should be reduced? Describe

3. Can you think of any area or situation where the government should have increased power? Describe.

Turn in Case Briefs .

CJSA 1313 11th Ed. (08.14) Page 32 of 32