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Public Safety Professionals Roles and ResponsibilitiesA. Municipal/CITY/TOWN1. Police Department2. City Marshall3. Fire Department4. Emergency Medical Services (EMS)5. Jailer6. 9-1-1 Operator7. Crime Scene Investigator8. Code Enforcement9. Animal ControlCounty1. Deputy Sheriff2. Detention Officer3. Constable4. Probation Officer5. Juvenile Probation/Detention6. Medical Examiner’s Investigator7. District Attorney’s InvestigatorState1. State Trooper2. Texas Ranger3. Game Warden4. Park Ranger5. Border Patrol6. Correctional Officer7. Parole Officer8. Texas Alcoholic Beverage Commission (TABC)9. Texas Office of Inspector GeneralFederal1. Federal Bureau of Investigations (FBI)2. Secret Service3. Drug Enforcement Agency (DEA)4. Alcohol Tobacco and Firearms (ATF)5. Immigration and Neutralization (INS)6. Internal Revenue Service (IRS)7. U.S. Customs8. Transportation Security Administration (TSA)9. U.S. Marshals10. Military11. Air Marshall12. Federal Bureau of Prisons13. Federal Probation/Pre-TrialEducation and Training RequirementsA. Municipal, County, and State1. High School Diploma or GED2. 30+ college hours or Bachelor’s degree3. Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) license (peace officer license)4. Military training5. Good work history6. Strong character qualities7. Physical agility test8. U.S. Citizen9. Written exam10. Background Investigation (no criminal history)11. 21 years of age12. Valid driver’s licenseFederal1. U.S. Citizen2. At least 23, but no more than 37, years old3. 4-year college degree – GPA 2.5 or higher4. 3 years professional work experience5. Valid driver’s license6. Physical exam7. Medical reviewa. 20/20 corrected visionb. Hearing screening8. Extensive background check (no criminal history)Roles of Law Enforcement ProfessionalsA. Jurisdiction – the geographical region of responsibility or official duties covered by an agencyB. Police Duties1. Social Worker2. Babysitter3. Attorney4. Role Model5. Law Enforcer6. First Responder7. Firefighter8. Crime Preventer9. Court Security10. Investigator11. Animal Control12. Traffic Enforcement13. Case Worker14. Crime Scene InvestigatorC. Sheriff Duties1. Officers of the court – serve as bailiffs in the courtroom and security in courthouses2. Jail operations – staff and maintain the county jail3. Law Enforcement – same duties as their police counterparts, but outside city limitsSTRESS MANAGEMENTA. Key terms1. Stress – a physical, chemical, or emotional factor that causes bodily or mental tension and may be a factor in disease2. Attitude – the most important element in keeping your work stress at manageable, healthful levels3. Perception – the consciousness, the awareness of objects or other data through the senses, insight, and intuition4. Confidence – a belief in one’s own abilitiesa. Lack of confidence equals uncertainty and lost credibilityb. Eliminates worryB. Symptoms of stress1. Emotionala. Divorceb. Alcoholismc. Suicided. Abrupt behavior changese. Overly suspicious or hostilef. Fearfulg. Depressedh. Anti-social2. Physicala. Digestive disordersb. Headachesc. Excessive illnessd. High blood pressuree. Sleep disordersf. Back, neck, or shoulder paing. Increased or decreased weightC. Stressors1. Individuala. Fears regarding job competence or successb. Necessity to conformc. Necessity to take a second jobd. Altered social status2. Police Worka. Frequent exposure to life’s miseriesb. Rigors of police workc. Boredomd. Fears and dangerse. Responsibilitiesf. Work overloadg. Fragmented nature of the jobD. Coping with Stress1. Exercise2. Recreation3. Hobbies4. A healthy lifestyle5. Communication with others6. Relaxation techniques7. Time management techniquesEat BreakfastDetermine your top prioritiesGet organizedConquer procrastinationLearn to say noProtect your prime timeKeep weekends for yourselfE. Stress Reduction1. Healthful levels of attitude2. Laugh a little3. Consciously relax your muscles4. Use positive self-talk5. Seek solitude6. Avoid excess coffee7. Exercise regularly8. Talk about it9. Listen to your conscienceTIME MANAGEMENT1. _ Eat Breakfast______ – get up in time to enjoy a healthy breakfast. If you allow yourself to sleep to the very last minute you will end up rushing to get ready and possibly skip breakfast.a. Rushing to get to class also causes unwanted stress by causing you to drive fast to avoid being late.b. Attending the academy is already stressful, it is important to get enough sleep and be prepared each day.2. Determine your ___top priorities______ – ask yourself, “If I could only do one thing today, what would it be?”a. Prioritize your list according to importance, not how easily a task can be completed.b. Give yourself credit for the things you accomplish during the day instead of getting frustrated about what you did not get done.3. __Get organized_________ – it is frustrating and time consuming to look for lost or misplaced items.a. Arrange a specific place for files and tools and put them back after using them.b. Create a filing system to avoid paperwork pileup.c. Use color coding to make items easier to find.d. Don’t save everything you think you might need some day. Clutter makes it more difficult to find what you really need.4. Conquer _procrastination________ – the longer you procrastinate, the more time you waste worrying about it.a. Break big jobs into smaller tasksb. If it’s not important to you, either delegate it or let it go. Don’t be swallowed up by guilt.5. Learn to _say no___________________ – some people have a difficult time saying no to friends and co-workers, yet if you spend all your time catering to others, you’ll have none left for yourself. Be ready to compromise when it comes to your partner or family. Don’t neglect them; family support is very important to stress management.6. Protect your _prime time_______________ – during the time you chose to do your priority work, eliminate all distractions and make the most of your time.7. _Weekends__________________ are for you – proper relaxation is a must for keeping the level of stress in our lives down. Not getting the necessary time to restore our energy can lead to physical and mental fatigue.a. Try to keep up essential household chores throughout the week so they don’t stack up for the weekend.b. Don’t sweat the small stuff; do the things that are important and let the rest go. Concentrate on your top priorities.c. If you do weekend chores, get an early start so the rest of the weekend is free to enjoy.STRESS REDUCTION WORKSHEET1. Again, the most important element in keeping your work stress at manageable, healthful levels is your ___ Attitude __________. Accept that life is not easy and it is not fair. You will be challenged with one problem after another. How you handle problems personally is very important. Life would be very boring without challenges. Resolve to balance your work world as well as possible, and then develop strategies for using stress rather than allowing it to use you.2. Laugh a Little; don’t take your job and yourself so seriously. Laughter will lower tension. Concentrate on the positive instead of negative things in life.3. _Consciously________ relax your muscles. We all tend to tense up our muscles. Try to recognize where you tense up under stress, take deep breaths and concentrate on relaxing. Stretch your neck and rotate your shoulders. Take opportunities to get out of the car.4. Use positive _self-talk_____________. En route to a stressful call, picture yourself handling it safely and correctly, just as you usually do.5. Seek _solitude_____ to unwind from stressful situations you have just encountered. Get your thoughts together for the report while listening to relaxing music.6. Avoid drinking excessive amounts of _coffee______. The caffeine in two cups of coffee adds about 16 beats a minute to your heart rate and makes you more irritable and anxious, reducing your coping skills.7. Identify your weak areas. Work on strengthening then thereby increasing your __confidence_________. The more confident you are in your job, the less trouble you will have controlling your emotions.8. _Exercise________ regularly. Most already know that exercise is a valuable tool in stress reduction. Obviously, if you are physically fit, you feel better mentally and physically. You have added self-confidence that many do not possess. But there is more to it than that:a. A good workout raises the body temperature slightly, which imparts a sense of relaxation. Add to that the fact that steady exercise can affect brain chemistry in such a way as to actually heighten your feelings of wellbeing and self-esteem. It does this by increasing the levels of such neurotransmitters as serotonin, dopamine, and epinephrine, which can lead to euphoric feelings.b. What’s more, exercise reduces muscle tension caused by anxiety (Men’s Fitness, October, 1994, p. 97).9. _Talk about it_____. Police officers often keep their problems to themselves. Instead build up a support group of friends that you feel comfortable discussing things with. You may be surprised at how others will respond to you when you show them that you value their opinion on a problem or issue.10. _Listen____ to your _conscience_. Since you are what you do, do good and you will feel good. If something doesn’t feel right it probably isn’t.Bill of Rights and the Constitution Article 3 defines the only crime in the U.S. Constitution: TREASONThe Bill of Rights, written by James Madison consists of the first ten amendments of the United States Constitution. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the English Bill of Rights 1689, and earlier English political documents such as Magna Carta (1215).The First Amendment- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.The Second Amendment- the right of the people to keep and bear Arms, shall not be infringed.The Fourth Amendment- 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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Warrants must be supported by:oreasonable facts to justify the action requested specific identification of places to be searched as well as persons or things to be seized.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, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.The Sixth Amendment- In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.The Sixth Amendment establishes a number of rights of the defendant in a criminal trial:?The right to a speedy and public trial?The right to trial by an impartial jury?The right to be informed of criminal charges?The right to confront witnesses?The right to compel witnesses to appear in court?The right to assistance of counselThe Seventh Amendment- the Seventh Amendment guarantees jury trials in federal civil cases that deal with claims of more than twenty dollars. It also prohibits judges from overruling findings of fact by juries in federal civil trials. The Seventh is one of the few parts of the Bill of Rights not applied to the states.The Eighth Amendment- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.A citizen is entitled to reasonable:?bail?fine?punishmentThe Ninth Amendment- The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.“Rights not identified in the Constitution belong to theCitizen.”The Tenth Amendment- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.“Powers not identified by the Constitution belong to theStates or to the people.”The Fourteenth Amendment: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.""No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of the law, nor deny to any person within its jurisdiction the equal protection of the laws."“Citizens of each state are also citizens of the United States.State governments (as well as the Federal government)must respect the Constitutional rights of United States citizens.”Verbal Communication A. Exchange of information using words B. Includes both the spoken and written word II. Uses of Verbal Communication A. Interactions with public, clients, co-workers, supervisors, and inmates B. Giving reports to other LPSCS professionals III. Elements of effective communication A. The message must be clear 1. Use terms that the receiver can understand 2. Legal terms must be modified or defined B. Deliver the message in a clear and concise manner 1. Use good grammar and correct pronunciation 2. Avoid slang terms or meaningless words such as “you know,” or “all that stuff,” or “like” 3. Do not speak too fast or too slowly 4. Written communication should have correct grammar, spelling, and punctuation C. The receiver must be able to hear and receive the message 1. The receiver may have hearing or vision loss, speak a different language, or be under the influence of an intoxicant 2. Use alternate methods of communication, such as writing the message out, using an interpreter, or repeating the message D. Interruptions or distractions must be avoided 1. Trying to talk while answering the phone or writing a message will decrease the effectiveness of communication 2. Environmental factors may affect communication (e.g., uncomfortable temperatures or a loud TV or radio may interfere with communication) IV. Barriers to Communication: Some things that get in the way of clear Communication: -Hearing Loss -Impaired Vision -Trouble Speaking -Defense Mechanisms Sources of LawA. Federal – these laws come from the U.S. Constitution, U.S. Criminal Codes, Judicial decisions (case law), and executive orders from the President.B. State – these laws come from state constitutions, state criminal codes, and common law.C. Local – these laws come from city and county charters, city and county ordinances, common law, and judicial decisions interpreting codes (case law).II. Historical OriginsA. The Code of Hammurabi – the earliest example of legal codes governing both criminal and civil cases. 282 codes from early Babylon.B. The Magna Carta – secured civil and criminal rights for English noblemen, and is similar to America’s Bill of RightsC. English Common Law – unwritten, simply stated laws based on traditions and common understandings from a time when most people were illiterateD. The English Bill of Rights – established certain, guaranteed freedoms of citizensIII.The Bill of Rights’ Influence on Criminal LawA.First Amendment – establishes fundamental freedoms to express oneselfB.Second Amendment – gives citizens the right to arm themselves and protect their propertyC.Fourth Amendment – governs all laws relating to arrest, search and seizure, and the rights citizens have to privacy1.The authority for arrest comes from the Code of Criminal Procedure (CCP) 15.222.The elements of arrest a)Intentb)Authorityc)Custody (Seizure or Detention)d)Understanding of subject3.Levels of proofa) Hunch-not admissible in courtb) Reasonable suspicion (used to further investigate)c) Probable Cause (proof enough to arrest)d) Proof Beyond a Reasonable Doubt (burden of proof necessary to convict someone in a criminal court4.Guidelines for arresta)An arrest may be made anytime of the day or night (CCP 15.23)b)When making an arrest, all reasonable means are permitted to affect it. No greater force, however, shall be resorted to than is necessary to secure the arrest and detention of the suspect (CCP 15.24).5.Temporary detentiona)Reasonable suspicionb)Activity occurring/just occurredc)Person connected to the activityd)Limited timee)Florida v. Royer1)Investigative detention2)No longer than necessary3)The scope of the detention matches the justification6.Stops are justified ifa)No “fitting” time or placeb)Description of a wanted personc)Emotional, frightened, or intoxicatedd)Running, furtive movementse)Loitering, hanging out, or acting as a “look out”f)Crime scene area7.Terry Friska) Terry v. Ohiob)Unusual Conductc)May be armed and dangerousd)Protection of self and otherse)Suspicion of crime and the weapon to be usedf)Careful pat of outer clothingg)Alone and no backuph)Emotions or behavior of suspects8.Search –prying into hidden places for that which is concealed9.Search warrant requirementsa)Definition (CCP 18.01)b)Neutral and detached magistratec)Probable cause or stalenessd)Sworn affidavite)Must include1)The specific offense committed2)The specific property to be seized3)The property is at a place to be searched 10.Search beyond a warranta)Protective sweepb)Prevent the destruction of evidencec)Discover more, or possible, evidence in plain view elsewhere on the propertyd)Hunt for evidence or contraband that, as a result of the initial search, is believed to exist in another location on the property11.Exceptions to search warrantsa)Vehiclesb)Open fieldsc)Anything with consentd)Abandoned propertye)Inventoryf)Plain view 12. Searches at schoolsa)Backpack searchesb)Locker searchesc)Vehicles searchesd)Strip searchese)The use of metal detectorsf)The use of drug dogsg)Consent to search Plain View Doctrinea) Coolidge v. New Hampshireb)The initial intrusion must be lawful or in proper position to view the property.c)The discovery must be inadvertent.d)It must be immediately apparent that the items are evidence of a crime, contraband, or subject to seizure.14.The Exclusionary Rule (CCP 38.23)a)No evidence shall be admitted into a criminal trial that was obtained in violation of constitutional rights.b)Mapp v. Ohio c)Illegally seized evidence could be excluded from both state and federal casesD.Fifth Amendment1.Grand jury2.Double jeopardy3.Self-incrimination4.Due process5.Just compensation for government takingsE.Sixth Amendment1.Speedy and public trial2.Impartial rmed of nature and cause of the accusation4.Confrontation of pulsory process of witnesses6.Right to an attorneyF.Eighth Amendment1.No excessive bail2.No excessive fines3.No cruel and unusual punishmentIV.Elements of a crimeA.Actus Reus1.The action of a person committing a crime as defined by law, the acts are voluntary, and it can be failure to act. The actus reus of some crimes does not require a bodily or physical action and can consist of verbal actions.2.The criminal intent of a crime may be the failure to act when a legal duty to act exists.3.Possession of an illegal or prohibited item can constitute actus reus.a)Constructive possession – does not have physical or actual possession of an illegal item but exercised care, custody or control over the contraband, knowing it was illegalb)Knowing possession – a person has actual possession and knows that the item is illegal.c)Mere possession – a person has actual possession of an illegal item, but does not know it is illegal.B.Mens Rea1.The state of mind and intent of a person committing the act of a crime (actus reus)a)General intent – the logical outcomes associated with a criminal actb)Transferred intent – a person injured another but did not intend to harm the other party.c)Constructive intent – the actor did not intend to harm anyone but should have known that his or her behavior created a high risk of injury.2.Strict liability – actions do not require criminal intent to be defined as crimes, such as parking violationsC.Inchoate Offenses1.Solicitation – the incomplete crime: urging, requesting, or commanding another person to commit a crime2.Conspiracy – a criminal act requiring no action other than communication3.Attempt – a criminal act amounting to more than mere preparationV.Classification of CrimesA.Misdemeanor – less serious criminal conduct punishable by incarceration for less than one year1.Class C – up to a $500 fine (ticket)2..Class B – up to 180 days in jail and a $2,000 fine3.Class A – up to 2 years in jail and a $4,000 fineB.Felonies1.State Jail (SJF) – 180 days-2 years and a $10,000 fine2.3rd degree – 2-10 years in prison and a $10,000 fine3.2nd degree – 2-20 years in prison and a $10,000 fine4.1st degree – 5-99 years in prison and a $10,000 fine5.Capital – death or life without paroleExclusionary Rule – prohibits the use of evidence or testimony obtained in violation of the U.S. ConstitutionFruit of the Poisoned Tree Doctrine – extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional searchVI.Procedures for Enacting Laws A.The idea is formatted in the written form of a Bill.B.The Bill is sent to a congressional committee.C.The Bill goes to the House for a vote; if it does not pass, it dies.D.If the Bill passes the House vote, it proceeds to the Senate.E.The Senate passes the Bill.F.The bill is sent to the President for a signature.G.If the President fails to sign, the Bill goes back to the committee.H.If the President signs the Bill, it becomes law.SUPREME COURT CASES & EXTIGENT CIRCUMSTANCES/PLAINVIEW DOCTRINE EXPLAINEDMiranda Vs ArizonaMiranda was arrested and accused of kidnapping and rape. He was taken to the police station where he was identified by the victim and questioned for two hours by the police. He was not informed of his Constitutional rights, including his right to have an attorney present during questioning. When the questioning ended, Miranda confessed. The confession was written up and Miranda signed it. A paragraph added to the top of the confession stated that the confession was given voluntarily, without threats, without promise of immunity, and "with full knowledge of my legal rights, understanding that any statement I make may be used against me." The confession was used in the trial in which Miranda was convicted.In an appeal to the U. S. Supreme Court, Miranda's lawyer claimed that his client had not been told of his right to remain silent nor of his right to an attorney and, therefore, his confession had been obtained illegally.The State of Arizona argued that Miranda could have asked for a lawyer at any time, that he was aware of his rights, and that he had confessed voluntarily.The issue before the Supreme Court was whether Miranda's right against self-incrimination and his right to counsel had been violated.The Supreme Court found in favor of Miranda. They determined that he should have been informed of his right to remain silent and his right to consult a lawyer. The Court also handed down some very strict guidelines for police to follow in making arrests:A warning must be given to the suspect that he has the right to remain silent and that any statement he does make may be used in evidence against him.The suspect must be advised that he is entitled to consult a lawyer before he is interrogated and that, if he cannot afford a lawyer, the state will make one available to him before he is questioned.The privilege against self-incrimination and the right to counsel may be waived if the waiver is made voluntarily and with the knowledge of the consequences. But the heavy burden of proving there is a waiver is on the state.-1714501067435MIRANDA v ARIZONA-Landmark case that created the Miranda Warnings: Right to remain silent, Right to an Attorney, Right to free counsel, Right to have an attorney present during questioning.0MIRANDA v ARIZONA-Landmark case that created the Miranda Warnings: Right to remain silent, Right to an Attorney, Right to free counsel, Right to have an attorney present during questioning.Even if the suspect has waived his rights, as questioning continues he may withdraw the waiver, and then questioning must stop and can continue only after counsel has been obtained and is present.IN Re GaultGerald Gault and another boy were taken into custody on the morning of June 8, 1964, by the Sheriff of Gila County, Arizona. The police were acting on a verbal complaint from a Mrs.Cook, a neighbor of the boys, that she had received a lewd and indecent phone call. Gerald's parents were at work that morning and no notice of the police action was left at their home. Gerald's mother learned of his being taken to the Children's Detention House only after Gerald's older brother went to look for him at the home of the other boy. At the detention home, the mother and brother were told "why Jerry was there" and that a hearing would be held the next day at three o'clock.A petition praying for a hearing was filed on June 9 by an Officer Flagg which recited that "said minor is under the age of eighteen years and in need of protection of this Honorable Court (and that) said minor is a delinquent minor." The petition was not served on the Gaults and they first saw it two months later.On June 9, a hearing was held in the chambers of Juvenile Judge McGhee with Gerald, his mother, his brother, and probation officers present. No record, formal or informal, of this hearing was made.Gerald was released from the detention home on the 11th of June pending formal hearings. A hearing was then held on a later date.Mrs. Gault asked that Mrs. Cook be present but was told by the judge that she did not have to be present. At the conclusion of the hearing, Gerald was committed as a juvenile delinquent to the state industrial school for the period of his minority (six years) unless sooner discharged by due process of law.No appeal is permitted under Arizona law in juvenile cases. Gerald filed a writ of habeas corpus with the Supreme Court of Arizona which was referred to the Superior Court for hearing.The Superior Court dismissed the habeas corpus petition and Gerald sought review in the Arizona Supreme Court on many due process grounds. The Arizona Supreme Court affirmed the Superior Court's dismissal of the petition. The case was appealed to the United States Supreme Court who found in favor of the Gault’s.IN RE GAULT-in juvenile cases you have the right to: be given notice of the charges against you. Right to counsel, right to confront witnesses, privileges against self-incrimination,IN RE GAULT-in juvenile cases you have the right to: be given notice of the charges against you. Right to counsel, right to confront witnesses, privileges against self-incrimination,AGUIILAR VS TEXAS Relevant Facts: Houston police officers applied for a search warrant to look for narcotics in the home of Nick Alford Aguilar. In support of their search warrant application, officers submitted affidavits explaining that they had received information from a confidential informant, not named in the application, which they believed to be reliable. According to the confidential source, Aguilar possessed heroin, marijuana, and barbiturates in his home for personal use and to sell. The officers submitting affidavits did not have any personal knowledge regarding the claims in their application, relying instead on their trust in the information they were provided. The warrant was issued and police went to Aguilar’s residence to conduct the search. After announcing their presence and their status, officers heard a commotion inside the home. Forcing their way inside, officers found Aguilar attempting to dispose of narcotics. Aguilar was arrested and indicted for drug possession by the State of Texas. At trial, Aguilar moved to suppress the drugs seized during the search, arguing that the affidavits in support of the warrant application were insufficient. His suppression motion was denied, Aguilar was convicted, and his conviction was affirmed on appeal. The Supreme Court granted certiorari.Issue: Whether a search warrant issued based on affidavits submitted by officers relying on a confidential informant alone comport with the probable cause requirements of the Fourth Amendment?Holding: No, the Fourth Amendment requires that warrants be issued after a neutral magistrate has made an independent determination that probable cause exists. In order to satisfactorily reach that conclusion, magistrates must be provided with sufficient factual allegations, and the basis for that knowledge.Conclusion: The Fourth Amendment requires that warrants be supported by probable cause. In order for a magistrate to lawfully issue a warrant, officers must provide the magistrate with more than conclusions that probable cause exists. Rather, the magistrate must be provided with sufficient information to reach an independent determination that probable cause exists Exclusionary Rule: The purpose of the rule is to deter police misconduct. Therefore, any evidence obtained by peace officers using methods that violate a person’s constitutional rights (such as an unreasonable search in violation of the Fourth Amendment) cannot be used against a defendant in a criminal prosecution.AGUILAR v TEXAS BOTTOM LINE-INFORMANT MUST BE CREDIBLE AND YOU NEED SOMETHING MORE THAN JUST THE INFORMANTS WORD TO GET A WARRANTAGUILAR v TEXAS BOTTOM LINE-INFORMANT MUST BE CREDIBLE AND YOU NEED SOMETHING MORE THAN JUST THE INFORMANTS WORD TO GET A WARRANTMAPP VS OHIODollree (pronounced doll ray, also known as Dolly or Doll Rae) Mapp (1923/24-2014), was an employee in the illegal gambling rackets dominated by Cleveland rackets kingpin Shon Birns. On May 23rd, 1957, police officers in Cleveland, Ohio, received an anonymous tip by phone that a numbers operator who was wanted for questioning in the bombing of rival numbers racketeer and future boxing promoter Don King's home three days earlier, might be found at Mapp's house, as well as illegal betting slips and equipment employed in the "California Gold" numbers operation set up by Mapp's boyfriend Edward Keeling. Three officers went to the home and asked for permission to enter, but Mapp, after consulting her lawyer by telephone, refused to admit them without a search warrant. Two officers left, and one remained, watching the house from across the street.Three hours later, several squad cars full of police arrived and stormed the house. Brandishing a piece of paper, they broke in the door. Mapp asked to see the “warrant” and took it from an officer, putting it in her dress. The officers struggled with Mapp and took away the alleged warrant, which neither she nor her lawyer, who just had arrived and was watching and attempting to take photographs from the yard, were permitted to read. The warrant was never seen again, and was not introduced as evidence in any of the ensuing court proceedings; when asked about it during oral argument at the Supreme Court, the Cleveland prosecutor arguing the case cautiously deflected the question, which the court did not press.613410085979000As the search of Mapp's second-floor, 2-bedroom apartment began, police handcuffed her for being “belligerent.” The police searched the house thoroughly, and discovered Ogletree, who was subsequently cleared on the bombing charge, hiding in the apartment of the downstairs tenant, Minerva Tate. In the search of Mapp's apartment and in a footlocker in the basement of the house police found a quantity of "California Gold" betting slips and paraphernalia. They also found a couple of pornographic books, either in Mapp's bedroom dresser (according to the police) or in the basement (according to Mapp), which Mapp stated a previous tenant named Morris Jones had left behind.Mapp was arrested, charged, and cleared on a misdemeanor charge of possessing numbers paraphernalia; but several months later, after refusing to testify against Shon Birns, Edward Keeling and their associates at their trial that October for the attempted shakedown of Don King, she was prosecuted for possession of the books, found guilty at a 1958 trial of "knowingly having had in her possession and under her control certain lewd and lascivious books, pictures, and photographs in violation of 2905.34 of Ohio's Revised Code", and sentenced to one to seven years in prison. She immediately filed an appeal while out on bail and never served a day of the sentence.Mapp v Ohio bottom line-evidence seized unconstitutionally (illegally) cannot be used as evidence in a court of lawMapp v Ohio bottom line-evidence seized unconstitutionally (illegally) cannot be used as evidence in a court of lawTERRY VS OHIOOn October 31, 1963, while on a downtown beat which he had been patrolling for many years, Cleveland Police Department Detective Martin McFadden, aged 62, saw two men, John W. Terry and Richard Chilton, standing on a street corner at 1276 Euclid Avenue and acting in a way the officer thought was suspicious. Detective McFadden, who was well known on the Cleveland police force for his skill in apprehending pickpockets, 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 plainclothes officer approached the three, identified himself as a police officer, 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. He reached inside the overcoat pocket, but was unable to remove the gun. 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. He did not put his hands under the outer garments of Katz (since he discovered nothing in his pat-down which might have been a weapon), or under Terry's or Chilton's outer garments until he felt the guns. The three were taken to the police station.Terry and Chilton were subsequently charged with carrying concealed weapons.The defense of the charged individuals moved to suppress the use of the seized weapons as evidence on grounds that the search and subsequent seizure were a violation of the Fourth Amendment to the United States Constitution. Though the trial court rejected the prosecution theory that the guns had been seized during a search incident to a lawful arrest, the court denied the motion to suppress and admitted the weapons into evidence on the ground that the officer had cause to believe that Terry and Chilton were acting suspiciously, that their interrogation was warranted, and that the officer for his own protection had the right to pat down their outer clothing having reasonable cause to believe that they might be armed. The trial court made a distinction between an investigatory "stop" and an arrest, and between a "frisk" of the outer clothing for weapons and a full-blown search for evidence of crime.Terry and Chilton were found guilty, an intermediate appellate court affirmed the conviction, and the Ohio State Supreme Court dismissed the appeal on the ground that "no substantial constitutional question" was involved.TERRY v OHIO BOTTOM LINE-Police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous, without violating the Fourth Amendment prohibition on unreasonable searches and seizures.TERRY v OHIO BOTTOM LINE-Police may stop a person if they have a reasonable suspicion that the person has committed or is about to commit a crime, and may frisk the suspect for weapons if they have reasonable suspicion that the suspect is armed and dangerous, without violating the Fourth Amendment prohibition on unreasonable searches and seizures.DRAPER VS USWithout a warrant, a federal narcotics agent (agent) arrested the Petitioner, Draper (Petitioner), as he disembarked a train. Probable cause for the arrest was based on an informant’s tip, which was corroborated with an accurate, predictive description of the facts surrounding the Petitioner’s return.The informant’s past reliability, accurate description of the Petitioner’s clothing, bag, and date of arrival gave the agent probable cause to arrest the Petitioner without a warrant. Hearsay is an evidentiary rule dealing with guilt beyond a reasonable doubt. Excluding facts that are hearsay from probable cause confuses the common sense standard of probable cause from the technical, legal standards of proving guilt beyond a reasonable doubt.DRAPER v US Bottom line-Probable cause exists where the known facts and circumstances would cause a reasonable person to believe that an offense had been, or will be committed.DRAPER v US Bottom line-Probable cause exists where the known facts and circumstances would cause a reasonable person to believe that an offense had been, or will be committed.CHIMEL VS CALIFORNIA In Chimel, the Court held that police officers arresting a person in his or her home could not search the entire home without a search warrant, although they may search the area within immediate reach of the person.CHIMEL v California Bottom line-searches "incident to arrest" are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee's person, they were prohibited from rummaging through the entire house without a search warrant.CHIMEL v California Bottom line-searches "incident to arrest" are limited to the area within the immediate control of the suspect. While police could reasonably search and seize evidence on or around the arrestee's person, they were prohibited from rummaging through the entire house without a search warrant.PLAINVIEW DOCTRINEThe plain view doctrine allows an officer to seize – without a warrant – evidence and contraband found in plain view during a lawful observation. This doctrine is also regularly used by TSA Federal Government Officers while screening persons and property at U.S. rports.For the plain view doctrine to apply for discoveries, the three-prong Horton test requires:The officer to be lawfully present at the place where the evidence can be plainly viewed,The officer to have a lawful right of access to the object, andThe incriminating character of the object to be “immediately apparent.”In order for the officer to seize the item, the officer must have probable cause to believe the item is evidence of a crime or is contraband. The police may not move objects to get a better view. In Arizona v. Hicks, 480 U.S. 321 (1987), the officer was found to have acted unlawfully. While investigating a shooting, the officer moved, without probable cause, stereo equipment to record the serial numbers. The plain view doctrine has also been expanded to include the sub doctrines of plain feel, plain smell, and plain hearing.In Horton v. California 496 U.S. 128 (1990), the court eliminated the requirement that the discovery of evidence in plain view be inadvertent, a requirement that had led to difficulties in defining "inadvertent discovery."PLAINVIEW DOCTRINE-The officer to be lawfully present at the place where the evidence can be plainly viewed,The officer to have a lawful right of access to the object, andThe incriminating character of the object to be “immediately apparent.”PLAINVIEW DOCTRINE-The officer to be lawfully present at the place where the evidence can be plainly viewed,The officer to have a lawful right of access to the object, andThe incriminating character of the object to be “immediately apparent.”EXTIGENT CIRCUMSTANCES An emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect, or destruction of evidence. There is no ready litmus test for determining whether such circumstances exist, and in each case the extraordinary situation must be measured by the facts known by officials.Those circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.EXTIGENT CIRCUMSTANCES- A circumstances in which a reasonable person would believe that action was required.EXTIGENT CIRCUMSTANCES- A circumstances in which a reasonable person would believe that action was required.Exclusionary Rule: evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law.Fruit of the Poisonous Tree Doctrine: Extends the exclusionary rule to evidence not only directly obtained as a result of unconstitutional police behavior but also to evidence indirectly obtained.Exclusionary Rule and Fruit of the Poisonous Tree Doctrine- evidence obtained unconstitutional is inadmissible in court, as well as any further evidence even if not directly obtained. Silverthorne Lumber Company vs US SilExclusionary Rule and Fruit of the Poisonous Tree Doctrine- evidence obtained unconstitutional is inadmissible in court, as well as any further evidence even if not directly obtained. Silverthorne Lumber Company vs US Sil ................
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