Criminal Justice System & Procedure
What is Criminal Procedure?
The set of rules and regulations that govern the process of investigating, prosecuting, and punishing crimes.
What is a Search?
Any action by a government official, like a police officer, that involves looking through or intruding on someone's personal belongings, property, or body without a warrant, unless there is a strong reason to believe they are involved in criminal activity.
What is a Seizure?
When a law enforcement officer takes control of a person or their property, essentially restricting their freedom of movement, without a valid warrant or reasonable suspicion.
What does the 4th Amendment protect?
Protects people from unreasonable searches and seizures without probable cause and without a warrant.
When does a police officer HAVE to read Miranda rights?
When there is a Custodial Interrogation.
Custody = arrest or equal to arrest, not free to leave
Interrogation = questioning about crminal activity
List 3 entities that are a part of the Criminal Justice System.
What is an example of something you have a high Reasonable Expectation of Privacy in and a low Reasonable Expectation of Privacy?
High = Home, porch right around it, your own body
Low = Car, trash on the street, open field in backyard
What is Probable Cause, and how do officers establish it?
Enough evidence, based on reliable facts and circumstances, for a police officer to reasonably believe that a crime has been committed or that evidence of a crime can be found in a specific location, allowing them to search or arrest someone.
Officers use what they see, hear, feel, and information to establish probable cause.
What is Reasonable Suspicion?
Individualized suspicion the officer can point to using specific and articulable facts.
What are the 3 Miranda steps?
1. Was Miranda required?
2. Was Miranda properly given?
3. Was Miranda waived or invoked?
What are the parties in a criminal case, and what does each one do?
Plaintiff, is the party bringing the case, always the government.
Defendant, is the one being accused of the crime.
What is a Warrant and what do you need to get it?
A warrant is a document, piece of paper, that gives police officers a right to search or arrest someone.
Police officers have to present their probable cause and evidence to a Judge, and the Judge decides whether to authorize a warrant or not.
What is the Plain View Doctrine?
A police officer lawfully present at a location may seize, without a warrant, an object of an incriminating nature if it is in plain view of the officer.
What is the Plain Touch Doctrine?
A police officer may seize property detected solely through the officer’s sense of touch, but cannot manipulate the object.
What are the rights you can INVOKE?
(1) Right to remain silent.
(2) Right to an attorney.
What Amendments of the Constitution help create the Criminal Justice System?
4th, 5th, 6th, and 8th Amendments.
What is a Terry Stop-and-Frisk?
When a police officer has a reason to believe that the suspect is armed and dangerous, the officer has the constitutional authority to conduct a search for weapons without probable cause or a warrant, but they must have reasonable suspicion!
What is the Automobile Exception?
A police officer can do an immediate WARRANTLESS SEARCH of a car that the police officer has PROBABLE CAUSE to believe that it has drugs, weapons, or evidence of a crime IF...
1. The police officer LAWFULLY stops the car while traveling on a PUBLIC ROAD
2. The police officer discovers the car PARKED but still CAPABLE OF OPERATION (driving) in a PUBLIC NON-RESIDENTIAL LOCATION
Under the Automobile Exception, what can the police search in the car?
Officers can search any area, including the trunk and containers. Even if the containers belong to the passenger, if it is the car, it can be searched.
What is the Exclusionary Rule?
If a defendant can prove that the warnings were not given or that the confession was coerced, then their confession will be excluded at trial.
List the 8 steps that the Criminal Justice System follows during "Pre-Trial".
(1) Crime. (2) Investigation. (3) Arrest. (4) Booking. (5) Initial Charging Document. (6) Arraignment. (7) Plea. (8) Indictment & Preliminary Hearing.
What is the Stop-and-Frisk Analysis?
1. Stop & Seizure (is there a reasonable suspicion that crime has been or is being committed?)
2. Frisk & Pat Down (is there reasonable suspicion that the defendant is presently armed and dangerous on the outer clothing?)
3. Search & Seizure (is there reasonable suspicion that a weapon or dangerous item is in the clothing?)
What is considered an "automobile" under the Automobile Exception? What factors are considered?
Location (public v. residential)
Mobility (readily mobile v. elevated on cinder blocks)
Licenced & Registered (for road usage)
Connection to Utilities (electricity & water)
Access to Public Road (easy access v. limited access)
What is a Terry Search-and-Seizure of a car?
Police can Terry Search & Seize a car when the Officer has REASONABLE SUSPICION that the driver is violating the law → Can STOP and BRIEFLY DETAIN the driver!
If the Officer believes the driver is ARMED & DANGEROUS, they can frisk the driver and CONDUCT A LIMITED SEARCH of the car!
What do you need for a Miranda waiver to be VALID?
The waiver must be knowingly, intelligently, and voluntary.