Chapter 4

Chapter 4 - -anything you say can and will be used against...

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9/15/10 midterm: chapter 1-4 and 6-7 Chapter 4 – law enforcement power 2 types of arrests on view arrest: something happens right in front of you warrant arrest: an order from the court. Warrant: if you didn’t show up if you commit a crime Command to deliver someone: Writ: on order (eviction from apartment) Habeus corpus: held in jail for no reason - can lawfully detain for up to 48 hours - if you don’t charge them, they will get an attorney to free them 6 th amendment: right to a speedy trial Warrant arrest: safest type of arrest On view arrest: can take the word of a witness Criminal act is “fresh” no longer than 30 min can have passed Can take witness statements Due process rights – guarunteed if you are arrested - rights cannot be taken away arbitrarily - 4 th amendment: no unreasonable search and seizure for the safety of the police officer, it’s legal to conduct a limited pat down (“preliminary search”) Miranda Rights - right to remain silent, not make a statement
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Unformatted text preview: -anything you say can and will be used against you in a court of law-right to an attorney and to speak to that attorney before questioning-if you can’t afford an attorney, one will be provided for free-right to terminate any interview/interrogation at any time when do they need to be issued?-if you will be questioning the criminal-2 types of conversation: interview: witness, family members, neighbors (no Miranda) interrogation: criminal (Miranda) ***At any point during your interview, the person you’re interviewing leads you to believe they were involved in the crime, you must stop the interview, issue Miranda rights, and start interrogation. Special circumstances-res-gestitation: before you Miranda criminal, if he/she blurts anything out it can be used in court-municipal jails: only house “class A” prisoners-county jails house “class B” and up...
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Chapter 4 - -anything you say can and will be used against...

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