The Investigation
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Right to remain silent
Right to an attorney
No interrogation should take place before
they read
Are a result of the US Supreme Court case
Miranda v. Arizona
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Statements given before Miranda Rights
inadmissible due to the exclusionary rule
Statements given before a defendant is read
his Miranda Rights are admissible if the
defendant repeats them after the warnings
are given.
Failure to read them does not affect the
validity of an arrest
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There is a public safety exception clause
◦ Ex. If the police suspect someone has a bomb and
they ask them where they are and he/she tells
them. Statements are allowed in court
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Can be freed at many points throughout the
CJ process
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Provides the defendant with the right to
remain silent
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The judge issues a search warrant
The police carry out the search
The judge decides if the evidence was legally
obtained
The prosecutor brings the charges against
the defendant
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Prohibits use of illegally seized evidence in
court
The exclusionary rule is designed to punish
police.
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A court order issued by a judge or
magistrate, giving police the power to search
a person or to enter a building to for and
seize items related to a crime.
In an emergency situation, they are not
required.
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Is the reasonable belief that a person has
committed a crime
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Evidence that justifies an officer in stopping
and questioning someone believed to be
involved in criminal activity. Less evidence
than probable cause.
Includes searching a bookbag at school
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Is a sworn statement of facts and
circumstances
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To take a person suspected of crime into
custody
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A court-ordered document authorizing the
police to arrest an individual on a specific
charge
Not required in every arrest
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Using commonly held notions of what typical
drug couriers look like in order to be able to
question a person without establishing
individual suspicion.
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The inappropriate use of race as a factor in
identifying people who may break or who
may have broken the law.
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To confirm information
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To “pat down” or search the outer clothing of
someone
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Rule that generally prohibits the use of
illegally obtained evidence. (4th,5th, and 6th
amend.)
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Any items that are illegal to possess
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To question a witness or suspected criminal
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Giving evidence and answering questions that
would tend to subject one to criminal
prosecution.
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There isn’t an explicit right to privacy in the
US, however the Bill of Rights was created to
protect certain aspects of privacy. (Beliefs,
unreasonable searches, self incrimination,
etc)
Includes invasions by private individuals
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Deadly force can be used when he or she
attempts to escape and/or presents a
significant threat of death or serious bodily
harm to the officer or others.
Probable cause doesn’t cover searches
conducted by parents.
Miranda warning is not a seizure under the
fourth amendment but an arrest is.