Chapter 6 - Law, Justice, and Society: A Sociolegal...

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Law, Justice, and Society: A Sociolegal Introduction Chapter 6 Criminal Procedure
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Criminal Procedure Sets forth appropriate behavior for agents of the state if they deprive criminal suspects of their liberty Derived from the due process clause of 5th and 14th amendments Procedural law is a pendulum between due process and crime control models Procedural laws attempt to balance the goals of these two models
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Criminal Procedure U.S. Constitution Bill of Rights Fourteenth Amendment State constitution Federal and state statutes Fourth, Fifth, Sixth, and Eighth Amendments Supreme Court decisions Sources of Criminal Procedure Law
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Criminal Procedure Warrant clause all warrants must be based on probable cause must describe the place or person with particularity Reasonable clause allow searches without warrants probable cause and exigent circumstances Probable cause fluid concept- change to accommodate different situations Search and Seizure Law
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Criminal Procedure Fourth Amendment prohibits unreasonable seizures Seizure: the exercise of dominion or control by the police over a person or an item Detention occurs when a reasonable person viewing the particular police conduct as a whole and within the setting would conclude that the police had restrained their liberty so that they are not free to leave Arrest
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Criminal Procedure With a warrant If the officer has probable cause If misdemeanors occur in the presence of an officer, they may arrest If felonies occur in the presence of an officer or outside of a private dwelling, they may arrest When an officer may arrest
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Criminal Procedure Whatever force is contextually necessary Deadly force permitted to protect life Knock and announce must announce their presence and purpose give occupant reasonable time to open the door rule may be ignored in certain circumstances Manner of Arrest
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Criminal Procedure May ask questions of anyone in public -- not an arrest or seizure citizens may ignore or walk away -- does not constitute probable cause “Seizure tantamount of arrest” requires more than mere suspicion, but not probable cause traffic stops border searchers for drug couriers stop and frisks on street Types of Seizures
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Criminal Procedure Terry v. Ohio (1968) Require reasonable suspicion based on experience The stop: must be temporary and no longer than necessary under the circumstances may ask questions to dispel suspicions and alleviate fears The frisk: if the stop does not allay officer fears pat-down of outer clothing may not manipulate items they feel in order to discern what they are Stop and Frisk
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Criminal Procedure Seizure occurs whenever a vehicle is stopped ( Delaware v. Prouse 1979)
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This note was uploaded on 09/05/2011 for the course CJ 103 taught by Professor Cluphf during the Spring '11 term at Boise State.

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Chapter 6 - Law, Justice, and Society: A Sociolegal...

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