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Arrest, Search and Seizure/Constitutional Law (PDF) Arrest, Search and Seizure/Constitutional Law BLET: 04Z TITLE: ARREST, SEARCH AND SEIZURE/CONSTITUTIONAL LAW Lesson Purpose: To familiarize the student with constitutional law and the laws of arrest, search, and seizure so that the student may recognize those laws’ appropriate application in enforcement situations. Training Objectives: At the end of this block of instruction, the student will be able to achieve the following objectives by information received during the instructional period. 1. Name and describe, in writing, the three (3) sources of law. a) Constitutional law b) Statutory law c) Common law 2. State how the First Amendment affects the law enforcement function. 3. State the criminal and civil consequences law enforcement officers may face as it relates to violating a citizen’s constitutional rights. 4. Identify how law enforcement authority is affected by subject matter and territorial jurisdiction. 5. State the definitions of “reasonable suspicion” and “probable cause.” 6. State the North Carolina statutory requirements for: a) G.S. 15A-401 – making a warrantless arrest; b) G.S. 15A-404 – a citizen detention; c) G.S. 15A-405 – assistance to enforcement officers by private persons to effect arrest or prevent escape. Basic Law Enforcement Training i Instructor Arrest, Search and Seizure/Constitutional Law 7. State the role of law enforcement as it relates to in the issuance of various forms of criminal process. 8. Identify the following police-citizen encounters: a) Voluntary contact b) Investigative detention c) Arrest 9. State the statutory procedures officers must follow after making an arrest. 10. State the statutory requirements for conducting an arrest with a warrant. 11. Identify the appropriate level of force when given fact scenarios involving deadly and non-deadly force situations. 12. State the scope of the following warrantless searches: a) Consent searches of persons, premises, or vehicles b) Searches based on probable cause and exigent circumstances c) Searches and seizures based on the plain view doctrine 13. State the legal requirements for conducting searches of motor vehicles. 14. Identify the legal requirements governing preparation and execution of a search warrant for a suspect’s premises, vehicle, or person. 15. Identify the special search warrant concerns in obscenity, crime scene, and financial crime situations. 16. Identify the situations when only a District Attorney’s Office may apply for a warrant or order. Basic Law Enforcement Training ii Instructor Arrest, Search and Seizure/Constitutional Law 17. Identify the legal concepts of “custody” and “interrogation” as they relate to the requirements of the United States Supreme Court decision, Miranda v. Arizona. 18. Recite the four (4) Miranda warnings, as well as the additional juvenile warning under G.S. 7B-2101. 19. Identify and explain the exceptions to the Miranda requirement. 20. State how non-custodial interview techniques can be used to obtain lawful confessions. 21. State how the Fifth Amendment and Sixth Amendment rights protect suspects during interrogation by law enforcement officers. 22. Identify the procedures for conducting a photographic lineup under the North Carolina Eyewitness Identification Reform Act. Hours: Twenty-eight (28) Instructional Method: Lecture, Discussion Testing Requirement(s): End of block test Training Environment(s): Classroom Materials Required: Audio-visual classroom equipment Miranda Rights Warning Cards (available from the Legal Center at the North Carolina Justice Academy) Current edition and supplements of Farb textbook Handouts References: Farb, Robert. Arrest, Search, and Investigation in North Carolina, 4th ed., Chapel Hill, NC: School of Government, University of North Carolina at Chapel Hill, 2011. Farb, Robert L. “The United States Supreme Court Ruling in Montejo v. Louisiana.” The University of North Carolina at Chapel Hill School of Government, May 30, 2009. Florida v. Bostick, 501 U.S. 429, 437 (1991). Basic Law Enforcement Training iii Instructor Arrest, Search and Seizure/Constitutional Law Illinois v. Wardlow, 528 U.S. 119 (2000). Nolo’s Plain-English Law Dictionary. “Definition of Common Law” Berkeley, CA: Accessed March 2014. http://www.nolo. com/dictionary/common-law-term.html. N.C. Session Law 2019-186. North Carolina, General Statutes. (2019) 7B-1900, “Taking a juvenile into temporary custody.” North Carolina, General Statutes. (2019) 7B-1901, “Duties of person taking juvenile into temporary custody.” North Carolina, General Statutes. (2019) 7B-2103. “Authority to issue nontestimonial identification order where juvenile alleged to be delinquent.” North Carolina, General Statutes. (2019) 7B-3100. “Disclosure of information on juveniles.” North Carolina, General Statutes. (2019) 7B-3101. “Notification of schools when juveniles are alleged or found to be delinquent.” North Carolina, General Statutes. (2018) 14-190.20, “Warrants for obscenity offenses.” North Carolina, General Statutes. (2019) 15A-284.52. “Eyewitness identification reform.” North Carolina, General Statutes. (2018) 15A-303, “Criminal summons.” North Carolina, General Statutes. (2018) 15A-401, “Arrest by law enforcement officer.” North Carolina, General Statutes. (2018) 15A-404, “Detention of offenders by private persons.” North Carolina, General Statutes. (2018) 15A-501,” Police processing and duties upon arrest generally.” Basic Law Enforcement Training iv Instructor Arrest, Search and Seizure/Constitutional Law North Carolina, General Statutes. (2018) 15A-503, “Police assistance to persons arrested while unconscious or semiconscious.” North Carolina, General Statutes. (2018) 15A-505, “Notification of parent and school.” North Carolina General Statutes. (2018) Chapter 15A, “North Carolina Criminal Procedure Act.” Sharps, Matthew J., and Adam B. Hess, “To Shoot or Not to Shoot: Response and Interpretation of Response to Armed Assailants.” The Forensic Examiner. Last modified December 2008. Accessed March 2014. http://www.forcescience.org/ articles/study%20shoot-or-not.pdf. State v. Blackstock, 165 N.C. App. 50 (2004). State v. Johnson, 627 S.E.2d 488 (2006). State v. Murphy, 342 N.C. 813 (1996). State v. Stone, 362 N.C. 50 (2007). Revised By: Jennifer H. B. Fisher, M.S. Instructor/Developer North Carolina Justice Academy Date Revised: July 2014 January 2015 January 2016 July 2016 January 2017 January 2018 Revised By: Jarrett McGowan Associate Attorney General North Carolina Department of Justice Jacquelyn Greene Assistant Professor of Public Law and Government UNC School of Government January 2020 Basic Law Enforcement Training v Instructor Arrest, Search and Seizure/Constitutional Law TITLE: ARREST, SEARCH AND SEIZURE/CONSTITUTIONAL LAW – Instructor Notes 1. This lesson plan must be presented by an instructor currently certified by the North Carolina Criminal Justice Education and Training Standards Commission as a General Instructor. Due to the intricate nature of this material, it is recommended that this block of instruction be taught by an attorney who is very familiar with criminal law and procedure. 2. Every student must have a copy of the current edition and supplements of Robert Farb’s textbook, Arrest, Search, and Investigation in North Carolina. 3. It is recommended for the instructor to review the supplemental documents authored by Robert Farb to further prepare themselves for class discussion regarding recent law changes. 4. To promote and facilitate law enforcement professionalism, three (3) ethical dilemmas are listed below for classroom discussion. At their discretion, instructors must provide students with each ethical dilemma listed below. Sometime during the lecture, instructors should “set the stage” for the dilemma before taking a break. Instructors are encouraged to develop additional dilemmas as needed. a) An arrest warrant is issued by a judicial official. The officer knows this is for the wrong person. Should he serve the warrant anyway and explain it to the magistrate, or should he refuse to serve the warrant? Why or why not? b) The level of force used by a law enforcement officer is excessive. The officer knows no one saw what happened. Should he write the report favorably toward himself or tell the truth, knowing it could result in disciplinary action? c) A patrol officer encounters an individual in a public place who curses at the officer in a threatening manner. The officer draws his weapon and tells the suspect he is going to kill him. You are his partner; what is your response? Basic Law Enforcement Training vi Instructor Arrest, Search and Seizure/Constitutional Law TITLE: ARREST, SEARCH AND SEIZURE/CONSTITUTIONAL LAW I. Introduction A. Opening Statement NOTE: Show slide, “Arrest, Search & Seizure/Constitutional Law.” The United States Constitution guarantees citizens various rights and freedoms and provides them certain protections in their dealings with the government. Because of the Constitution, and the various amendments discussed in this lesson plan, the government is limited in its ability to restrict a citizen’s freedom of speech; citizens are protected against unreasonable searches and seizures by government agents, and citizens cannot be forced to incriminate themselves in a criminal proceeding. These are just a few of many freedoms and protections afforded citizens by our Constitution. North Carolina, through its Constitution and legislation, has also provided its citizens certain rights and protections when dealing with law enforcement officers, as government agents,
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