Temple College Criminal Justice
Legal Aspects of Criminal Law
CJSA 2300/CRIJ 2323
MISSION STATEMENT
The primary mission of The Temple College Criminal Justice Department is to provide
educational opportunities that will allow the student the ability to achieve their career goals.
This is accomplished in a twofold manner: 1) delivering quality criminal justice education that
provides the student with the basic knowledge, attitudes, and skills necessary to begin a career in
criminal justice, and 2) provide each student with the knowledge and ability to develop career
contacts in his or her chosen field.
Course Description
This course will discuss the law enforcement officers authority, responsibilities, constitutional
constraints in making arrests. Laws of arrest, search and seizure and police liability.
Class Day and Time
Course Requirements
A.
Your first responsibility is to scholarship. The grade you receive will be the results of
your efforts, not a gift from the instructor.
B.
This course is designed to require a steady, continuous effort from the student. A crashcram policy will not result in the best grade possible. In addition to exams, factors such
as class participation, initiative, attendance and individual research will be considered in
grade computations.
C.
From time to time, special library and other assignments may be made given to members
of the class, individually, and/or in groups. You are expected to read all assignments and
fulfill your responsibilities to any assignment.
D.
Good class notes are indispensable for earning a good grade since both the material
assigned and material discussed will be the basis for examination material. Regular
attendance is essential for the same reason.
Examinations
A.
There will be a minimum of three examinations as follows;
1.
3.
Three week examination
Twelve-week examination
2.
4.
Mid-Term examination
Final examination
NOTE: The twelve week examination may be optional, at the instructors discretion.
B.
Unannounced short quizzes may be given covering material that has been assigned or
discussed.
C.
Occasionally a student will find it unavoidable to be absent from an examination. Only
student with excused absences will be permitted to make-up examinations. It is the
students responsibility to contact the instructor for test make-up dates.
D.
Examinations may be structured to include both subjective and objective types of
questions. At the time of testing students will be equipped with paper, pencil, and
scantron.
Evaluation of Students
1.
2.
3.
4.
Multiple choice, True/False, short answer completion, and matching.
Take home examinations.
Incentive Points
Special work (briefs, reaction papers, group projects, research paper)
Examination Dates
Three Week Examination
Twelve Week Examination
Mid-Term Examination
Final Examination
Semester Grade Computation
Exam
Three Week
Mid-Term
Twelve Week
Final Examination
Incentive Points
Special Work
Total Points
Points
100
200
200
300
50
150
1000
200
250
0
350
50
150
1000
Points
900 -1000 = A
800 - 899 = B
700 - 799 = C
600 - 699 = D
Withdrawal from a Course or Courses
From time to time a student may find it necessary to withdraw from a class or classes. The
Temple College catalog outlines the necessary procedures to properly withdraw from classes.
Refer to the catalog for the proper withdrawal policy.
Text:
Module 1
Sources of Police Authority
A.
Police Powers
The student will;
1.
2.
B.
Define police power.
Identify were the police derive their power.
Constitutions
The student will;
1.
2.
3.
4.
C.
Identify the Constitutions that define police authority.
List and define the Bill of Rights.
Discuss the history of the United States Constitution.
Discuss the history and purpose of the Texas Constitution.
State Statutes
The student will;
1.
D.
Discuss the methods used to create and enact state statutes.
Traditions
The student will;
1.
Identify and Discuss the role traditions/customs play in making laws.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 2
Police Responsibilities
A.
Legal obligation to enforce the law
The student will;
1.
2.
B.
Identify the legal obligation to enforce statutory laws.
List the statutes binding an officer to enforcing the law.
Legal obligation to uphold the Constitution
The student will;
1.
2.
Identify and discuss the need for making a constitutional arrest.
Identify and discuss the problems associated with making an illegal arrest.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 3
Constitutional Constraints
A.
Bill of Rights
The student will;
1.
2.
3.
4.
5.
B.
Discuss the history of the Bill of Rights.
Define due process and its relationship to the criminal justice system.
Define Equal Protection of the Law and its relationship to the criminal
justice system.
Define and discuss the term ” applicability to the states”.
Determine which amendment makes the Bill of Rights applicable to the
states.
Exclusionary Rule
The student will;
1.
2.
3.
4.
5.
Discuss the history of the Exclusionary rule.
List the exceptions to the Exclusionary rule.
Define the concept of “Police the Police” as it relates to the Exclusionary
rule.
Define and discuss the “Fruit of the Poisonous Tree” doctrine.
Define and discuss the “Silver Platter” doctrine.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Model 4
Laws of Arrest, Search, and Seizure
A.
Definitions
The student will;
1.
2.
3.
4.
B.
Define and contrast arrest and detention.
Define and contrast search and frisk.
Define and contrast probable cause and reasonable suspicion.
Define entrapment.
Legal Justification for Arrest or Detention
The student will;
1.
C.
List and identify situations which are legal justifications for arrest or
detentions.
Legal Justification for Search and Frisk
The student will;
1.
D.
List and identify situations which are legal justifications for search or
frisk.
Scope and type of Searches
The student will;
1.
2.
E.
List the different types of search.
Determine the scope of each type of search.
Search Incident to Arrest
The student will;
1.
Define search incident to arrest.
2.
Discuss the purpose of search incident to arrest.
3.
4.
F.
Identify the scope of search incident to arrest.
List the requirement of search incident to arrest.
Plainview
The student will;
1.
2.
3.
4.
G.
Define Plain view;
Discuss the purpose of Plain view
List the requirement of a Plain view seizure.
Identify the scope of a Plain view seizure.
Consent to Search
The student will;
1.
2.
3.
4.
5.
6.
H.
Define consent to search.
List the types of consent to search.
Discuss the purpose of consent to search.
Identify the scope of consent to search.
Discuss the need for the voluntariness requirement.
Identify who may give consent to search.
Warrantless Search and Seizure of Vehicles
The student will;
1.
2.
3.
4.
I.
Define and identify the scope of vehicle searches.
Identify the circumstances which permit an inventory of a vehicle.
Discuss the need for a department policy defining the requirement of an
impoundment and subsequent inventory.
Define Emergency Circumstance/Exigent Circumstances.
Open Fields and Abandoned Property
The student will;
1.
2.
3.
4.
5.
6.
Define the “open field” doctrine.
Define abandoned property.
Define curtilage.
Discuss reasonable expectation of privacy and its effect on seizure of
evidence.
Determine when property has been legally abandoned.
Discuss the necessity of lawful police behavior when recovering
abandoned property.
J.
Stop and Frisk
The student will;
1.
2.
K.
Define stop and frisk
Define a stop.
Use of Warrants
The student will;
1.
2.
3.
4.
List and define the two types of warrants.
Determine the purpose each warrant.
List the prerequisites required for a warrant
Identify situations in which a warrant is necessary.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 5
Case Studies in Arrest, Search and Seizure
A.
Case Studies
Given specific case studies the student will;
1.
2.
3.
4.
5.
6.
7.
8.
B.
Identify the existence of probable cause to search or arrest.
Identify when an arrest is authorized or occurred.
Discuss when a search incident to arrest has occurred.
Discuss when a consent to search had been authorized.
List the necessary requisites for a Plain view seizure.
Identify circumstances that allow a vehicle search.
Identify when an officer may properly seize evidence which has been
abandoned.
Determine when an officer may stop and frisk a suspicious person.
Briefs
The student will;
1.
2.
Locate and identify cases relating to arrest, search and seizure cases;
Given case studies identify when a;
a.
b.
c.
d.
e.
f.
search incident to arrest is permissible,
consent to search is given,
Plain view seizure may occur,
warrantless search of a vehicle may take place,
seizure of abandoned property may take place,
stop and frisk is permissible.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment
Module 6
Police Liability
A.
Civil
The student will;
1.
2.
3.
B.
Define vicarious liability.
Define strict liability.
Contrast between vicarious and strict liability.
Criminal
The student will;
1.
Criminal liability at the state and federal levels.
Activities;
1.
2.
3.
Lecture
Class discussion
Reading assignment