Chapter 6 ackerman
- 1. Chapter 6: Due Process and Police Procedure CRJ101 – Fall 2006 Copyright © Allyn & Bacon 2006 Ackerman
- 2. Rules of Evidence Police procedure is guided by rules defining what is legal evidence admissible in a court of law. The rules of evidence define legal search and seizure of places, autos, and persons and also define exceptions to the exclusionary rule. Copyright © Allyn & Bacon 2006 Ackerman
- 3. The Exclusionary Rule It prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the U.S. Constitution. Established by Weeks v. United States (1914) Established by Mapp v. Ohio (1961) Fruits of the poisonous tree doctrine Copyright © Allyn & Bacon 2006 Ackerman
- 4. The Fourth Amendment states: “ 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…” Copyright © Allyn & Bacon 2006
- 5. Exceptions to the Warrant Requirement Search Incident to Lawful Arrest Plain-View Searches Consent to Search Search of Automobiles (Carroll v. U.S.) Search of Persons: The Pat-Down (Terry v. Ohio) Copyright © Allyn & Bacon 2006
- 6. Search Incident to Lawful Arrest When police make a lawful arrest, they are allowed to make a search of that person without a search warrant How extensive can the search be? Immediate control Copyright © Allyn & Bacon 2006 Ackerman
- 7. Plain-View Searches evidence in plain view is admissible in court MUST BE COMPLETELY IN VIEW The police can not uncover anything to find it Copyright © Allyn & Bacon 2006 Ackerman
- 8. Consent to Search if a person gives permission for a search, any evidence found is admissible The person who gives permission must have the ability to do so Copyright © Allyn & Bacon 2006 Ackerman
- 9. Search of Automobiles (Carroll v. U.S.) The Carroll Doctrine (1925) Evidence obtained in the search of an automobile (without a warrant) is admissible in court if: Probable cause to believe that a crime has occurred Circumstances are such that delay in searching the car would result in loss of evidence Copyright © Allyn & Bacon 2006 Ackerman
- 10. Search of Persons: The Pat-Down (Terry v. Ohio) Pat-down Search – is conducted to ensure the safety of the police officer If the officer feels what may be a weapon, he or she may reach into the pocket and examine it If it is another object that the officer feels may be illegal, he or she can not reach in and get it Evidence obtained in an illegal pat down is not admissible Copyright © Allyn & Bacon 2006 Ackerman
- 11. Other Exceptions to the Warrant Requirement Search and seizure without probable cause, a warrant, or consent is permitted in some circumstances, especially when there is clear and present danger or when public safety is at stake. Copyright © Allyn & Bacon 2006 Ackerman
- 12. Other Exceptions to the Warrant Requirement The Public Safety Exception Right to search without probable cause for the public good (buses, subways, airplanes) The Good Faith Exception Clerical errors resulting in the police executing what they believe to be a valid warrant Copyright © Allyn & Bacon 2006 Ackerman
- 13. Interrogations and Confessions In defining admissible testimony, rules of evidence also reflect case law relating to the Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor shall any person be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of the law; nor shall private property be taken for public use, without just compensation. Copyright © Allyn & Bacon 2006 Ackerman
- 14. Standards for Admissible Confession The confession must be given knowingly and not as a consequence of lies or deception. The suspect must be informed of his or her rights The confession must be voluntary Confessions may not be obtained through threats Confessions may not be obtained through use of pain or through constructive force, such as beating up one suspect in front of another and telling the second suspect that he or she is next if a confession is not forthcoming Copyright © Allyn & Bacon 2006
- 15. Brown v. Mississippi (1936) Confessions obtained by force (torture) are inherently tainted. Confessions MUST be voluntary Copyright © Allyn & Bacon 2006 Ackerman
- 16. Ashcraft v. Tennessee (1944) Landmark Case Confessions obtained through round-the-clock interrogation are inadmissible Copyright © Allyn & Bacon 2006 Ackerman
- 17. Arrest Miranda Procedural laws also govern arrests made by police and define false arrest. Miranda v. Arizona (1966) The court issued an opinion in which it summarized all of the rights (the Miranda rights) of a citizen during police arrest and interrogation Copyright © Allyn & Bacon 2006 Ackerman
- 18. Figure 6.4 – The Miranda Rights Copyright © Allyn & Bacon 2006
- 19. Right to an Attorney? Gideon v. Wainwright (1963) If you cannot afford an attorney one will be provided to you free of charge by the state Copyright © Allyn & Bacon 2006 Ackerman
- 20. Oversight of Police Practice and Procedure Police accountability is assured through many layers of oversight, both external and internal and both official and public. The Courts and Prosecutors All county prosecutors and state attorney generals have the power to correct unprofessional police practices by refusing to file charges when they suspect that the police did not act properly. Copyright © Allyn & Bacon 2006 Ackerman
- 21. Role of the FBI Campaigns for professionalism in law enforcement through training Provides training for state and local police departments Trains nearly 1000 police officers in technical subjects Provides free on-site training for hundreds of police departments Copyright © Allyn & Bacon 2006
- 22. Internal Affairs The police who police the police Conducts random drug tests Reacts to citizen complaints filed against the police department Copyright © Allyn & Bacon 2006
- 23. Investigative Commissions and Police Commissions The National Crime Commission (Wickersham Commission) – Investigation of the police addressing public concern that the police were lax in the enforcement of Prohibition Copyright © Allyn & Bacon 2006 Ackerman
- 24. Investigative Commissions and Police Commissions Knapp Commission – 1972 Corruption in the NYPD caused by gambling, narcotics, loan-sharking and prostitution Mollen Commission – 1994 NYC – keeping quiet about crimes of other officers was in essence creating or acting as criminal gangs Copyright © Allyn & Bacon 2006 Ackerman