CRJU 300 Lecture Notes - Lecture 7: Arrest Warrant, Reasonable Suspicion, Exclusionary Rule
Laws of Enforcement
− Police Search
− Types of enforcement laws
− Substantive laws: laws defining elements of criminal behavior
− Procedural laws: laws defining enforcement behavior of police and other public officials
▪ Majority of procedural laws concern search and seizure of citizens
Search and Seizure—Exclusionary Rule
− 4th 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 and things to be seized.
− Related to police searches and arrests
− The Weeks vs US Case, 1914
− Kicks off exclusionary rule
− Warrantless seah fo galig ateials at hoe of Weeks
− Formed the basis of the exclusionary rule
− Evidence illegally seized cannot be used in a trial
− Must have a warrant (in the absence of exceptional circumstances) to conduct searches or
make arrests
− Applied to Feds only
− Fruits of the Poisonous Tree Doctrine
− Silverthorne Lumber Co. vs US, 1920
− Feds conducted warrantless search obtaining documents, leading to other documents
− Evidence which is derived from an illegal search cannot be used at trial
− Once the process becomes tainted, all fruit resulting from that process becomes tainted
− Applied to Feds only
− Mapp vs Ohio, 1961
− Made exclusionary rule apply to state and local law enforcement officers through the due
process clause of the 14th amendment
− Fats: Eteed Mapp’s hoe ith fake aat seahed house and found things
(pornographic materials) that were not the subject of search (bombing equipment)
Levels of contact by police
- Consensual encounter- No 4th protection
o Requires: nothing
o Casual conversation
- Detention- 4th amendment protection (also 5th & 6th)
o Requires: reasonable suspicion
o Reason to suspect that a crime has been committed (is, was or will be committed)
- Arrest- 4th amendment protection (also 5th & 6th)
o Requires: Probable Cause
find more resources at oneclass.com
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o Miranda rights read to the individual
- Consensual Encounter
- Perceived as friendly, casual contact between individual officer
- Individual feels free to leave (and can leave) the presence of officer at any time
- No reasonable suspicion needed
- Nervousness, lying could be used to escalate to establish Reasonable Suspicion and
Detention
- Reasonable Suspicion
- Generally required for police to detain individuals
- Definition: reason to suspect that a crime has been committed
- Reasonable test: based on
. Offie’s taiig and experience
2. The totality of the circumstances
o Examples of Reasonable Suspicion
- Matching known description of person, place, or thing involved in criminal activity (car,
stolen property, etc.)
- Peso aig eak i stle tools i a pakig lot
- Refusing to answer questions is not Reasonable Suspicion
o Takes the smallest amount to spark reasonable suspicion (nervousness, calm
activity)
− Detention
- Need easoale suspiio
- Individual either implicitly or explicitly feels they are not free to leave the presence of the
officer
o Based o the itizes’ feeligs…ot the offie!!
- Test: a I fee to leae?
- Ca detai fo easoale tie
- Most Police Policies: 15 or 20 minutes (24 to 48-hour max before charging)
- Requirements of Detention
- Detainee does not have to identify self at detention unless suspected of committing a
crime (CA not a stop and show state)
- Reassured to identify self in CA based on probable cause standard (not reasonable
suspicion)
- If driving required to show die’s license
- Officer not required to inform about detention
- Detaied ot euited to ase ie elated uestios
- Purpose: to investigate possible crime
- Arrest
- Requires probable cause
- Can be either misdemeanor (loitering) or felony (major crimes)
- Main diffeee fo detetio, idiidual is plaed i ustod, custody is physical or
mental (or both) state that may cause an individual to unwillingly say or do things
- Courts: an inherently coercive environment
− Probable Cause
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Substantive laws: laws defining elements of criminal behavior. Procedural laws: laws defining enforcement behavior of police and other public officials: majority of procedural laws concern search and seizure of citizens. Warrantless sea(cid:396)(cid:272)h fo(cid:396) (cid:862)ga(cid:373)(cid:271)li(cid:374)g (cid:373)ate(cid:396)ials(cid:863) at ho(cid:373)e of weeks. Formed the basis of the exclusionary rule. Evidence illegally seized cannot be used in a trial. Must have a warrant (in the absence of exceptional circumstances) to conduct searches or make arrests. Feds conducted warrantless search obtaining documents, leading to other documents. Evidence which is derived from an illegal search cannot be used at trial. Once the process becomes tainted, all fruit resulting from that process becomes tainted. Made exclusionary rule apply to state and local law enforcement officers through the due process clause of the 14th amendment. Fa(cid:272)ts: e(cid:374)te(cid:396)ed mapp"s ho(cid:373)e (cid:449)ith (cid:862)fake (cid:449)a(cid:396)(cid:396)a(cid:374)t(cid:863) sea(cid:396)(cid:272)hed house and found things (pornographic materials) that were not the subject of search (bombing equipment) Consensual encounter- no 4th protection: requires: nothing, casual conversation.
