Policing NOVEMBER SEVENTH.docx

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Department
Criminal Justice
Course
01:202:202
Professor
Professor James Kohl
Semester
Fall

Description
Policing 11/7/13 Warrant Requirement • General Rule o Obtain a search warrant prior to any search and seizure.  Many exceptions • If someone needs help • If someone is plain view • If you’re in Hot Pursuit of someone • If the person gives you consent • Terry V. Ohio o About Frisk, “Feel interrogation” o It’s not a search it’s a pat down o It’s not probable cause it’s reasonable suspicion o Patting down is okay even though a cop doesn’t have probable cause, because of reasonable suspicion which then can lead to probable cause • Chimel v. California (1969) o Search defendant and area immediately around defendant for purpose of preventing injury to officer and destruction of evidence (“arms reach doctrine”)  Right taken away from Jersey by Supreme Court  There allowed to do this because they are allowed to give citizens more rights and cops less rights  Rights taken away from Jersey cops because they were walking around with defendants to give a type of unconventional search. • Other exceptions to not needing a search warrant o Prevent escape o Harm to others o Destruction of evidence o Render Aid • Consent searches o Must be oral (not nod of the head) o Must be voluntary  (Measured by “totality of circumstances”) • Plain View Evidence o Unconcealed evidence inadvertently seen by an officer engaged in a lawful activity. • Confessions o Brown v. Mississippi (beatings to obtain concessions)  “Not too much for a negro; not as much as I would have done if it were left to me.” • Miranda V. Arizona o Give Miranda a person is in custody and if there being questioned. o Custody and in
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