Criminal Justice Today An Introductory Text for the 21st Century CHAPTER 7 Policing: Legal Aspects Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Abuse of Police Power • The beating of Rodney King by LAPD officers is a well-known example of the abuse of police power. • No one is above the law, not even the police. • Democratically inspired legal restraints on the police help ensure individual freedoms and protect the development of a police state. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger A Changing Legal Climate • The Bill of Rights is designed to protect citizens against abuses of police power. • In 1960s, the Warren Court focused on guaranteeing individual rights during criminal prosecution. • More recently, new conservative Court philosophy has reversed some Warren- year advances. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger TABLE 7–1 Constitutional Amendments of Special Significance to the American System of Justice Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Individual Rights • Constitution provides for a system of checks and balances in govt. One branch always held accountable to other branches . Ensures no individual or agency can become too powerful • People who feel their rights were violated can appeal to courts for redress. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Due Process Requirements • Fifth, Sixth, and Fourteenth Amendments require due process. • Most requirements relevant to police relate to three areas . Evidence/investigation (search and seizure) . Arrest . Interrogation • Landmark cases Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Fourth Amendment • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Exclusionary Rule • Weeks v. U.S. Forms basis of exclusionary rule . Evidence illegally seized by police cannot be used in a trial. Only applied to federal officers • Fruit of the poisonous tree doctrine . Evidence that derives from an illegal seizure cannot be used at trial. Silverthorne Lumber Co. v. U.S. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Warren Court • Mapp v. Ohio . Applied exclusionary rule to the states • Searches incident to arrest . Chimel v. California • Search limited to area in suspect's immediate control . Fourth Amendment protects people, not places. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Burger Court and the Rehnquist Court • More conservative than Warren Court • Good faith exception to exclusionary rule . US v. Leon, Massachusetts v. Sheppard . If officers seize evidence in good faith, it may be used in court even if the search is later ruled illegal. continued on next slide Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Burger Court and the Rehnquist Court • Plain view doctrine . Officers may seize evidence in plain view without a warrant. • Emergency searches/exigent circumstances searches . Court recognized need for emergency warrantless entry and search in dire situations. continued on next slide Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Burger Court and the Rehnquist Court • Anticipatory warrants . Warrants anticipating presence of evidence that is not yet at a location but will be when the warrant is executed Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Arrest • Occurs when law enforcement officer restricts a person's freedom to leave . Suspect may not consider himself/herself to be in custody. • Most common type is arrest following questioning of suspect. • May also occur when officer comes upon crime in progress continued on next slide Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Arrest • Most jurisdictions permit warrantless arrest for felony not in progress if probable cause can be established. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Searches Incident to Arrest • Police have right to conduct search of person being arrested and to search area under arrestee's immediate control. • Terry v. Ohio . Set standard for brief stop and frisk based on reasonable suspicion (Terry- type stop) Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Emergency Searches of Persons • Fall under exigent circumstances exception to warrant requirement • Conditions required for emergency warrantless searches . Probable cause to believe evidence concealed on person being searched . Probable cause to believe threat of destruction of evidence continued on next slide Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Emergency Searches of Persons • Conditions required for emergency warrantless searches . Officer did not have time to obtain a warrant. Search limited to minimum necessary to eliminate threat of destruction of evidence Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Vehicle Searches • Investigatory stop permitted with reasonable suspicion • Warrantless search of stopped car valid if supported by probable cause . Fleeing-targets exception • Roadblocks and checkpoints legal if essential to community welfare continued on next slide Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Vehicle Searches • Watercraft and motor homes included in automobile exception to warrant requirement Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Suspicionless Searches • Need to ensure public safety may provide compelling interest to justify limiting the right to privacy • Allows suspicionless searches when person not suspected of a crime • Include searches at U.S. borders Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger High-Technology Searches • Use of high technology to discover and investigate crimes is forcing the courts to evaluate the applicability of constitutional protections to high-tech searches and seizures • Court generally holds that high-tech searches may not violate reasonable expectations of privacy. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Informants • Ethical questions regarding use of paid informants • Use of information from informants to support warrant request depends on demonstrable reliability of information . Two-pronged test . Totality-of-circumstances approach Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger Police Interrogations • Interrogation involves police behaviors that are reasonably likely to produce incriminating responses from suspects. Not limited to verbal questioning • Courts have prohibited physical abuse, inherent coercion, and psychological manipulation. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Right to a Lawyer at Interrogation • Escobedo v. Illinois . Right to legal counsel during interrogation • Edwards v. Arizona . If a suspect requests counsel after interrogation has started, questioning must stop until attorney is present. Criminal Justice Today: An Introductory Text Copyright © 2017 by Pearson Education, Inc. for the 21st Century, 14e All Rights Reserved Frank Schmalleger The Miranda Decision • Considered the most far-reaching opinion to affect criminal justice in the last