Laws of Arrest, Search, & Seizure. Instructor: Judge Mark Arnold (310) Fall, Course Outline
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1 Laws of Arrest, Search, & Seizure Instructor: Judge Mark Arnold (310) Fall, 2015 Course Outline I. Course Description Complete Title: Administration of Justice #170 - "Laws of Arrest, Search, and Seizure." Length of Course: 3 units (54 hours lecture) one semester. Meeting day and time: Tuesday 06:00PM - 09:10PM, Industry and Technology, Room 219 Course Description: From the catalog: In this course, students examine the history and development of the laws and customs of arrest, search and seizure, and the "Exclusionary Rule." Emphasis is given to the application of these procedures as they relate to law enforcement officers and others in the apprehension of criminals and the procuring of evidence. From the instructor: The course also covers the laws relating to the obtaining of statements from suspects and the requirements of the Miranda rules. Page 1
2 STUDENT LEARNING OUTCOMES SLO #1 The 4th Amendment Search and Seizure Students receiving instruction in AJ 170 and who have read handouts, completed written assignments involving factual situations and the application of the constitutional rules of search and seizure, and have participated in classroom discussions will be able to explain several parts of the 4th Amendment including its stated probable cause requirement for warrants for search and seizure, and will be able correctly apply the 4th Amendment in a factual situation. SLO #2 Search and Seizure Supreme Court Decisions Students receiving instruction in AJ 170 and who have read handouts, completed written assignments involving factual situations and the application of the constitutional rules of search and seizure, and have participated in classroom discussions will be able to analyze the Miranda decision and related case laws. SLO #3 Exclusionary Rule Students receiving instruction in AJ 170 and who have read handouts, completed written assignments involving factual situations and the application of the constitutional rules of search and seizure, and have participated in classroom discussions will be able to explain the exclusionary rule, its historical development and how it is applied to challenge searches and seizures conducted by law enforcement agencies. DISABILITY El Camino College adheres to all applicable federal, state, and local laws, regulations, and guidelines with respect to providing reasonable accommodations for students with temporary and permanent disabilities. If you have a disability that may adversely affect your work in this class, I encourage you to register with the Special Resource Center (SRC) and talk to me about how I can best help you. All disclosures of disabilities will be kept strictly confidential. II. Student Materials: None required III. Objectives of the Course 1. Appraise the protection that the US Constitution provides the people of the United States in the 4th, 5th, 6th and 14th amendments. 2. Categorize the three types of crimes. 3. Diagram an arrest and the legal requirements for making an arrest. 4. Categorize the persons who are immune from arrest. 5. Explain the "knock and notice rule" and list its exceptions. Page 2
3 6. Evaluate the restrictions placed upon police conduct by the exclusionary rule and the "fruit of the poison tree" doctrine. 7. Distinguish the concept of probable cause from reasonable suspicion and the consequent actions that each allows a police officer to take. 8. Compare and contrast the factors that provide a police officer probable cause to arrest and/or detain. 9. Evaluate the 4th amendment exception of search incident to an arrest as expressed in the "Chimel Rule. (Note: AZ v. Gant has narrowed the Chimel Rule) 10. Compare and contrast legal rules pertaining to vehicle searches. 11. Explain how various court decisions such as Miranda, Escobedo and Dorado have impacted police investigations and officer conduct pertaining to 5th and 6th amendment issues of protection against self-incrimination and right to counsel. 12. Examine the conditions under which a search warrant may be obtained and the conditions under which it may be served. 13. Describe the concept of "exigent circumstances" insofar as it relates to warrantless searches. 14. Define what a consent search is and discuss its merits as an exception to the 4th amendment warrant requirement. 15. Differentiate between the people's right, under the constitution to privacy and protection from unreasonable searches and seizures and the government's duty to protect the people from harm due to criminal acts necessitating the use of exceptions to those constitutional protections. IV. Grades 1. Two quizzes - 50 points each. 2. Mid-term examination points. 3. Final examination points. 4. Attendance - For each class session that a student attends (not including a class in which a test is given) he/she will receive 1 point added to their final point total. For each unexcused absence, the student will have 2 points deducted from their final point total. Grades: A = points. B = points. C = points. D = points. F = points. V. Attendance All of the material on the quizzes and exams will have been discussed in class. It, therefore, Page 3
4 behooves a student to attend each class session. If a student misses more than 3 weeks of classes, his/her grade can be affected in a negative manner. Roll is taken at the end of each class session. If a student is not present when roll is taken, he/she will be considered absent. The student has the obligation to drop the class if he/she no longer wishes to attend. If so, a "drop notice" must be filed in the Admissions Office. A student may drop a class up to the 10th week and still receive a "W". A student who merely stops coming to class without filing a "drop notice" will receive an "F", per school rules. Week #1 and #2: THE OUTLINE OF THE COURSE 1. SEARCH AND SEIZURE OF THE PERSON - NO SEARCH WARRANT. A. Explain the 4th amendment to the Constitution. B. Define "search". C. Define "seizure". D. Discuss the "exclusionary rule". E. Discuss "standing". F. Explore the 3 types of police-civilian contacts. Week #3 and #4: G. Police-civilian contacts continued. H. Search incident to a lawful arrest. I. Searches based on emergency. J. Searches based on consent. K. Searches of body cavities. Week #5: QUIZ #1 2. SEARCH AND SEIZURE OF PREMISES - NO SEARCH WARRANT A. Explain the concept of "reasonable expectation of privacy." B. Plain view searches. C. Searches based on emergency. Week #6: D. Searches based on emergency, continued. E. Forcible entry. F. Searches based on consent. Week #7: Page 4
5 G. Consent searches, continued. H. Search incident to a lawful arrest. I. Abandonment. Week #8: 3. SEARCH AND SEIZURE OF VEHICLES - NO SEARCH WARRANT A. Detention of vehicles. B. Searches based on "probable cause". C. Plain view searches. Week #9: MIDTERM EXAMINATION Week #10: E. Plain view searches. F. Searches based on plain smell. G. Searches based on consent. H. The vehicle as evidence of a crime. I. Inventory searches. J. Abandonment. K. Emergency searches. Week #11: 4. SEARCH AND SEIZURE - MISCELLANEOUS - NO SEARCH WARRANT A. Border searches. B. Roadblocks. C. Airport searches. D. Use of dogs. E. Probation searches. F. Parole searches. G. Custodial searches. H. Searches by private persons. Week #12: 5. SEARCH WARRANTS A. Comparison of warrantless searches with searches based on search warrants. B. Jurisdiction to issue search warrants. Page 5
6 C. Definition of terms. D. Statutory grounds for issuance.: E. Requirement of "probable cause." F. Role of informants. G. Staleness. H. Expertise of the officer contributing to "probable cause". I. Mistatements and omissions by the affiant. J. Nighttime service of the search warrant. K. Confidential informants. L. Presentation to the magistrate. M. Execution of the search warrant. N. Telephonic search warrants. Week #13: QUIZ #2 6. STATEMENTS BY THE SUSPECT. A. Evidentiary value of statements. B. Requirements of voluntariness. C. Miranda warnings. D. Statements to private persons. WEEK #14: FINAL EXAMINATION Page 6
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