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Lecture 5

CRMJ 254 Lecture 5: CRMJ 254 Lecture 5

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Criminal Justice
CRMJ 254

CRMJ 254 Lecture 5 Introduction to Criminal Justice • Rule of Law and How it Functions o Substantive Criminal Law vs. Procedural Law (or Criminal Procedure) o The criminal justice system exists to enforce substantive criminal law and follows the rules of procedural law to do it • Substantive Criminal Law o Laws defining acts subject to punishment and the punishments for those acts o Rules and restrictions on behavior that apply to all of us • Procedural Criminal Law / Criminal Procedure o Defines rules dictating how laws will be enforced o Places restrictions on the actions of agents of the state, not everyday citizens o All persons must be treated fairly and justly by government officials during the criminal justice process o Persons must be investigated, arrested, interrogated, prosecuted, tried, and punished in accordance with procedures prescribed by law o Found within the first ten amendments to the US Constitution (Bill of Rights) ▪ Most critical : 4 , 5 , 6 , and 8 amendments o Purpose is to prevent government from usurping the person freedom of citizens o Applied to state actions through the use of Due Process clause of the 14 th amendment ▪ Each individual state had its own unique body of procedural law, but ▪ The rules of criminal procedure contained in the Bill of Rights apply to those individual states as well o Fundamental Rules of Criminal Procedure • 4 amendment o Key words : unreasonable searches and seizures, warrants, probable cause o Prohibits “unreasonable” searches and seizures ▪ A person or property may be searched or seized ▪ Limits ability of police to search a person or property or to detain a person without justification o “Exclusionary rule” applies here ▪ Not part of the US Constitution of Bill of Right ▪ A rule formatted by the federal courts based upon their interpretation of the 4 amendment ▪ Enforced the principles of the 4 amendment ▪ Excludes from trial any evidence that was illegally obtained by authorities • What is a Search? o Governmental invasion of privacy with the intent to obtain incriminating evidence o A lawful search requires one of the following : ▪ A search warrant has been used ▪ No warrant has been issued, but : • Plain view doctrine apples • Consent to search was given • Exigent circumstances exist • There is diminished expectation of privacy • Search Warrants o Issued on the basis of probable cause o More than suspicion and definitely more than a hunch o Requires facts that would lead a person of reasonable caution to believe (not merely suspect) that a crime has been committed or that premises contain evidence of a crime o May be based on : ▪ Officer observation ▪ Officer expertise ▪ Informative communicated to officers o Arrests must be based on probable cause as well • Plain View Doctrine o Fruits or instruments of crime that are in plain view of law enforcement may be seized without a warrant, as long as ▪ Officer is in a location he/she is legally permitted to be ▪ Officer didn’t take extreme measures to get view ▪ Officer can’t move objects to get better view ▪ Officer’s discovery of item was “accidental” o Includes items in “plain feel”, “plain smell”, and “plain hearing” as well • Consent Search o Requires voluntary and intelligent consent o Who may legally provide consent? ▪ Suspect being investigated (“object/target of the search”) ▪ Third party, but only if : • Third part has a mutual use and joint access to, and control over, the property or premises • Object/target of the search assumes risk that third party might permit search o Third party consent examples ▪ Roommate –Yes, but • It depends on the areas to be searched o May grant consent to any “common areas” of a residence that is shared with the individual who is the target of the search o But any area where the target of the search has a reasonable expectation of privacy (i.e., bedroom not shared with a roommate) - NO ▪ Landlord – No • Cannot great third-party consent to search the residence of a rent- paying tenant o Assumes “ownership” over the residence while paying rent and has an expectation of privacy ▪ Next-door neighbor – No • Mutual use and joint access to property? • Does object of the search assume risk that neighbor could permit search? • Exigent Circumstances o Emergency situations o Certain situations call for immediate action and do not allow time to obtain search warrant ▪ Ongoing physical event involving possible danger to third party ▪ Imminent possibility of evidence disappearing before warrant can be obtained • Diminished Expectation of Privacy o Border search
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