Laws of Arrest, Search, & Seizure. Instructor: Judge Mark Arnold (310) Fall, Course Outline

Similar documents
5. Pursuit... 2:25 6. High Speed Chases... 2:26 III. IDENTIFICATIONS... 3:1 A. In-Person Identifications... 3:1 1. Right to Have Counsel Present...

FEDERAL CRIMINAL PROCEDURE: THE BASICS. Glen A. Sproviero, Esq. Ellenoff Grossman & Schole LLP New York, New York

ORDER TYPE: NEED TO KNOW. PURPOSE The purpose of this policy is to define legal implications and procedures involved when a search is performed.

CRIMINAL PROCEDURE CONSTITUTIONAL LIMITATIONS IN A NUTSHELL. Fifth Edition JEROLD H. ISRAEL

Criminal Justice in America CJ Chapter 7 James J. Drylie, Ph.D.

JEFFERSON COLLEGE COURSE SYLLABUS CRJ114 RULES OF CRIMINAL EVIDENCE. 3 credit hours. Prepared by: Mark A. Byington

California Bar Examination

y LEGAL ASPECTS OF EVIDENCE ADMINISTRATION OF JUSTICE 3 FALL 2015

POLITICAL SCIENCE 1. Spring The Government of the United States. Syllabus. El Camino College. Section 2762: Wednesdays, 6:00pm 9:10pm

Motion to Suppress Physical Evidence

Search Warrant Exceptions. Coach Presnell

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK

NH DIVISION OF LIQUOR ENFORCEMENT AND LICENSING ADMINISTRATION & OPERATIONS MANUAL

Policing: Legal Aspects

QUESTION 6. Alan gave the arrest warrant to Bob, an undercover police officer, and told Bob to contact Debbie and pretend to be a hit man.

Contents. Legal Guide for Police Constitutional Issues 10 th Edition Jeffery T. Walker and Craig Hemmens. Preface. Chapter 1.

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Searches Without a Warrant

DELMAR POLICE DEPARTMENT

Content Review Form PREREQUISITE COURSE

CITY OF ONALASKA POLICE DEPARTMENT

North Hennepin Community College SOC 1710: Introduction to Criminal Justice

WEIGHTS AND MEASURES ADMINISTRATIVE CIVIL PENALTY ADVOCATE TRAINING

DRAFT [8-4-15] TUFTS UNIVERSITY EXPERIMENTAL COLLEGE FALL 2015

a) The entry is limited in purpose and scope to discovery of a number as to which there is no reasonable expectation of privacy;

Criminal Justice 100

- WHAT HAPPENS WHEN THE POLICE

The Fourth Amendment

NOT DESIGNATED FOR PUBLICATION. No. 113,576 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellant, TRAE D. REED, Appellee.

Criminal Justice A Brief Introduction

Searches Conducted by Public School Officials under the Fourth Amendment

HOW TO WRITE ESSAYS FOR CRIMINAL PROCEDURE LAW SCHOOL AND BAR EXAMS. WHAT to Say and HOW to Say It! Tim Tyler Ph.D.

Rule 318D - STRIP SEARCH, VISUAL BODY CAVITY SEARCH, AND BODY CAVITY SEARCH PROCEDURES

Criminal Procedure Outline

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

23 Motions To Suppress Tangible Evidence

POLICE AND THE LAW USE OF FORCE

Mental Illness Commitments

CHAPTER 17 - ARREST POLICIES Alternatives to Arrest and Incarceration Criminal Process Immigration Violations

STATE OF MICHIGAN COURT OF APPEALS

Arkansas Professional Bail Bondsman License Application(s) Module 1

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK

Course Syllabus. Introduction to the Criminal Justice System

POLITICAL SCIENCE 1. Summer Governments of the United States and California. Syllabus. El Camino College. Section 2680: MTWTH, 4:00 pm 6:10pm

ATHENS-CLARKE COUNTY POLICE DEPARTMENT. Policy and Procedure General Order: 1.06 Order Title: Strip and Body Cavity Searches

Warrantless Searches. Objectives. Two Types of Warrantless Searches. Review the legal rules Discuss emerging issues Evaluate fact patterns

SYLLABUS FORM WESTCHESTER COMMUNITY COLLEGE Valhalla, NY lo595. l. COURSE #: POL NAME OF ORIGINATOR /REVISOR: Dr. David Wedlick/Stephen Arienta

THE LAW PROFESSOR CRIMINAL PROCEDURE ESSAY SERIES ESSAY QUESTION

.3 Before being presented to a judge, all applications for search warrants are to be reviewed by the State's Attorney s Office for approval.

Total Test Questions: 100 Levels: Units of Credit: 0.50

FOR IMMIGRATION OFFICERS M-69

THURMONT POLICE DEPARTMENT

ESSAY APPROACH. Bar Exam Doctor BAREXAMDOCTOR.COM. CRIMINAL LAW ESSAY

MEMORANDUM OF AGREEMENT BETWEEN THE COLONIAL SCHOOL DISTRICT BOARD OF EDUCATION AND THE DELAWARE STATE POLICE DEPARTMENT

DEFINITIONS. Accuse To bring a formal charge against a person, to the effect that he is guilty of a crime or punishable offense.

MEMORANDUM OF UNDERSTANDING. Association of Chief Police Officers England & Wales

CITRUS COMMUNITY COLLEGE DISTRICT STUDENT SERVICES

WEST LOS ANGELES COLLEGE POLITICAL SCIENCE 001 THE GOVERNMENT OF THE UNITED STATES:

OFFICE OF THE SHERIFF ST. MARY'S COUNTY, MD

Virginia Commonwealth University Police Department

WEST LOS ANGELES COLLEGE POLITICAL SCIENCE 001 THE GOVERNMENT OF THE UNITED STATES

ROLE AND AUTHORITY WRITTEN DIRECTIVE: 1.10 EFFECTIVE DATE: REVISION DATE: SUPERSEDES EDITION DATED:

United States Constitutional Law: Theory, Practice, and Interpretation

Public Copy CASPER POLICE DEPARTMENT POLICIES AND PROCEDURES. Investigative Procedure: Search & Seizure. 4 - Operations 03C -

Bowie State University Police Department General Order

MINNESOTA V. DICKERSON United States Supreme Court 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334 (1993)

SECTION: ADMINISTRATION ADM-133

The Hackers Guide to Search and Arrest. by Steve Dunker J.D. It is legal for an Officer at any time to Ask a person to stop and talk.

Arrest, Search, and Seizure

Knowledge Objectives (2 of 2) Skills Objectives. Introduction. Legal Considerations During Investigation 12/20/2013. Legal Considerations

ORLANDO POLICE DEPARTMENT POLICY AND PROCEDURE , BIAS-FREE POLICING 1. PHILOSOPHY

COVINGTON POLICE DEPARTMENT STANDARD OPERATING PROCEDURE

THE NATIONAL JUDICIAL COLLEGE

GENERAL ORDER PORT WASHINGTON POLICE DEPARTMENT

GOVT GOVERNMENT OF THE UNITED STATES Course Syllabus

2017 Case Law Update

THE EXCLUSIONARY RULE I & II

2. inevitable discovery

POLICE TRAFFIC STOPS & HOW SHOULD YOU ACT? WHAT ARE YOUR RIGHTS. Special Report Handling A Police Traffic Stop

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT BALTIMORE, MARYLAND

NOT DESIGNATED FOR PUBLICATION. No. 119,013 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

The Good Faith Exception is Good for Us. Jamesa J. Drake. On February 19, 2010, the Kentucky Court of Appeals decided Valesquez v.

Search & Seizure Warrants


Test Code: 1890 / Version 1

ARIZONA PEACE OFFICER STANDARDS AND TRAINING BOARD HOUR BASIC CURRICULUM MODEL LESSON PLAN LESSON TITLE: CONSTITUTIONAL LAW 2.

INTRADEPARTMENTAL CORRESPONDENCE. The Honorable Board of Police Commissioners

chapter 3 Name: Class: Date: Multiple Choice Identify the letter of the choice that best completes the statement or answers the question.

WEST LOS ANGELES COLLEGE - POPP POLITICAL SCIENCE 001 THE GOVERNMENT OF THE UNITED STATES

BIASED BASED PROFILING

POCOLA POLICE DEPARTMENT

State v. Tavares, N.J. Super. (App. Div. 2003).

TEXARKANA, TEXAS POLICE DEPARTMENT GENERAL ORDERS MANUAL. TPCA Best Practices Recognition Program Reference Family Violence

A. Guidelines for Conducting Reasonable Searches and Seizures (4-4282)

APPREHENSION, ARREST AND DETENTION

Chester County Swift Alternative Violation Enforcement Supervision SAVE

This policy outlines the process and procedures to be considered and followed by members when making an arrest.

v. COURT USE ONLY Defendant: ***** Case Number: **** Attorneys for Defendant:

Subject FIELD INTERVIEWS, INVESTIGATIVE STOPS/DETENTIONS, WEAPONS PAT-DOWNS & SEARCHES. DRAFT 7 April By Order of the Police Commissioner

Investigative Warrants* - A Practical Guide for Children and Family Services Workers

Administrative Search Warrants for Fire, Health, and Code Inspections. Course objectives. Why is this course important to you?

Transcription:

Laws of Arrest, Search, & Seizure Instructor: Judge Mark Arnold (310) 787-3837 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

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

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 - 100 points. 3. Final examination - 100 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 = 270-300 points. B = 240-269 points. C = 210-239 points. D = 180-209 points. F = 000-179 points. V. Attendance All of the material on the quizzes and exams will have been discussed in class. It, therefore, Page 3

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

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

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