horizon.png Suspicion – Investigation – Detention & Arrest BASIC CRIMINAL PROCEDURE By: Tomáš “Haluziak“ Svrbík horizon.png CUP O’KNOWLEDGE 2 C:\Documents and Settings\emz\Local Settings\Temporary Internet Files\Content.IE5\8N8PM1Q2\MCj04417520000[1].png NO Doubts whatsoever! Reasonable Suspicion Don’t know anything! Probable Cause Beyond Reasonable Doubt Each level is a legal standards. An officer must have the level of knowledge equivalent to the standard to act in certain ways. R/S = Terry detention & frisk for weapons P/C = Arrest and Search BRD = Conviction in Court of Law horizon.png SUSPICION 3 ØTwo levels of suspicion 1.J.D.L.R. (Just Don’t Look Right) • Not sufficient to detain someone • Not sufficient to search • IS Sufficient to warrant further observation or consensual contact. HYPO: You’re a cop on patrol, its 11pm warm summer night. You see a man walking wearing a jack and hat, which is odd for weather outside. horizon.png SUSPICION 4 ØTwo levels of suspicion 2.Reasonable Suspicion •“Specific, articulable rational facts causing an officer to believe a person’s activity is related to a crime that occurred, is occurring, or is about to occur, and the person is involved in that activity.” •Legally sufficient to justify Terry stop • Justifies Frisk (pat down) for weapons • HYPO: It’s a warm summer night and you are cop on patrol. At 11pm, in a residential neighborhood, you see a man wearing a jacket and hat carrying a 32” flat screen TV. When he sees you, his eyes get really big and he immediately turns around a starts walking the opposite direction. horizon.png DETENTION 5 Terry v. Ohio – Det. McFadden saw two men, Terry and Chilton, standing on a street corner and acting in a way the officer thought suspicious. He observed the two proceed alternately back and forth along an identical route, pausing to stare in the same store window. Each completion of the route was followed by a conference between the two on a corner. The two men repeated this ritual alternately between five and six times apiece—in all, roughly a dozen trips. After one of these trips, they were joined by a third man (Katz) who left swiftly after a brief conversation. Suspecting the two men of "casing a job, a stick-up", detective McFadden followed them and saw them rejoin the third man a couple of blocks away in front of a store. The officer approached the three, identified himself as a policeman, and asked their names. The men "mumbled something", whereupon McFadden spun Terry around, patted down his outside clothing, and felt a pistol in his overcoat pocket. The officer ordered the three into the store. He removed Terry's overcoat, took out a revolver, and ordered the three to face the wall with their hands raised. He patted down the outer clothing of Chilton and Katz and seized a revolver from Chilton's outside overcoat pocket. The Supreme Court held: A reasonable person in the detective's position would have thought that Terry was armed and thus presented a threat to his safety while he was investigating the suspicious behavior he was observing. The events he had witnessed made it reasonable for him to believe that either Terry or his cohorts were armed. "The record evidences the tempered act of a policeman who in the course of an investigation had to make a quick decision as to how to protect himself and others from possible danger, and took limited steps to do so." horizon.png INVESTIGATION 6 ØInvestigation is the process police use to gather information to determine: •Did a crime occurred? •What is a crime? •“A crime is an act or omission forbidden by law, punishable upon conviction by death, imprisonment, fine or other penal discipline.” •Codified in: Statutes (NRS) & Case law •Elements of a Crime: “In every crime or public offense, there must exist a union or joint operation of act and intention or criminal negligence.” • • • horizon.png INVESTIGATION 7 ØInvestigation is the process police use to gather information to determine: •Who is involved: •Victim(s) - who suffered harm/damages? •Suspect(s) - who perpetrated harm/damages? •Motive ? •Opportunity ? •Alibi ? •Witness(es) – who observed the incident? •Location – vantage/view point •Biases – impartial? • • horizon.png INVESTIGATION 8 ØInvestigation is the process police use to gather information to determine: •Piece together the Truth (What happened? How did the crime occur?) •Testimony (interviews, interrogations, statements) PLUS •Physical evidence (bloody shirt, finger prints, photos of injuries, weapons, etc.) •Study crime scene • • horizon.png INVESTIGATION 9 horizon.png ARREST 10 •4th Amendment of U.S. Constitution •Right of the people to be secure in their: persons, houses and personal property against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath and particularly describing the place to be searched and the person or things to be seized. horizon.png ARREST 11 horizon.png ARREST 12 Miranda case: Ernesto Miranda was arrested for robbery, confessed to rape while under interrogation by police. Supreme Court held police interrogation is inherently coercive, therefore, no confessions will be admitted (used in court) unless the person had been advised of their Constitutional Rights (5^th Amendment right against self incrimination and 6^th Amedment right to counsel) horizon.png ARREST 13 Quarles – Officers observed Qualres, a suspected rapist, in a store and attemped to apprehend him. He ran to the back of store where officers caught him and handcuffed him. When they did, they found an empty shoulder holster. They immediately asked him “Where’s the gun?” He replied, “over there” and motioned (with his chin) towards some cartons. The gun was found in the stack of cartons. Kuhlman v. Wilson – three men robbed a taxi cab station and killed the dispatcher. Wilson turned himself in after three days claiming he was just in the wrong place at wrong time. His cellmate had been instructed by police not to ask questions but just to “listen” to Wilson. Wilson made incriminating statements that he had conspired with two others to rob the place and kill the dispatcher. Court held b/c informant did not ASK, but only listened, Wilson’s right to Counsel was not violated. Miranda is not violated by admissions made voluntarily and NOT in response to police questioning. horizon.png ARREST 14 ØEnd of the Arrest process is booking into jail. Ø Ø •After someone is booked into jail (or issued a citation) the second part of the criminal justice system takes over: The court system. •