TMAS 2 Study PDF

TMAS II LD2 Criminal Justice System Branches of Gov: Legislative - Senate - House of Representatives - Makes laws Judicial - Supreme Court -...

TMAS II LD2 Criminal Justice System Branches of Gov: Legislative - Senate - House of Representatives - Makes laws Judicial - Supreme Court - Evaluates laws Executive - President - Vice President - Cabinet - Carries out/Effects laws Principal: - primary, planner, execute crime Accomplice: - other primary, snitched on partner Accessory: - knowing crime occurred, harbors criminals Aid: Actively assisting or supporting without knowledge of guilt. Abetting: Having a guilty knowledge and felonious intent General intent: - Intent is presumed and does not have to be proven - Ex. Possession of weed Specific intent: - An element of a crime that must be proven and cannot be presumed - Ex. Possession of large amounts of weed, baggies, scale. Most likely going to sell/distribute weed Transferred intent: - when a defendant intends to harm one individual, but unintentionally harms a second person - Ex. Drive by Amendments: 1st - Freedom of speech, press, assembly 4th - Unreasonable, search, and seizure - Warrants and probable cause 5th - Self-incrimination - Miranda rights - Double Jeopardy 6th - Speedy trial - Due process - Attorney 8th - Freedom from excessive bail or cruel or unusual punishment 14th - Equal rights and protection for all Criminal Justice System: Police (effect arrest) Judge (sentence) Jail (reduce recidivism) Law Enforcement: Federal: FBI, DEA, SECRET SERVICE State: DMV, FISH/GAME, DOJ, CHP Local: LAPD, LAWA, PORT, SHERIFF Court System: - Supreme Court, courts of appeal, trial courts Judicial Process: Arrest, Arraignment, Right to Bail, Bail, Preliminary Hearing, Indictment, Trial, Sentencing, Grand Jury  - Prelim: - Determines if there is enough evidence to move forward with a criminal case. It's similar to a mini-trial - Plea is offered during prelim (softer punishment) - D.A offers plea deal - Arraignment: - Defendant's first court appearance in a criminal case, where a judge formally reads the charges against them and informs them of their rights - Defendant may be required to enter a plea Parole (scarier) Probation (chiller) - Serve 80% of sentence in jail - Certain life restrictions - Last 20% outside jail - Released into the community - No rights outside jail - Search conditions - Parole officer controls life - Usually no search authorized - P.O cannot harass - Probation officer recommended - Violation = back to jail LD5 Criminal Law Crime: Prohibited act - Crime - Jail/Fine - Restitution to victim Element of crime  - Basic facts that must be proven by the prosecution to sustain a conviction - All elements must be meant to charge for certain crimes - ex. Murder—>Kill—>Malice Aforethought Constitutional law - Legislative, executive, judicial Statutory law - Written law acted by legislative - All laws enforced by officers has to be written Ex post facto law - Written after the fact - ex. Marijuana was illegal, but is not anymore Case law - Based off of cases - Clarifies statutes Letter of the law - Enforcement, arrest, citation Spirit of the law - Education, warnings, letting go Civil law - Non-criminal violations - Private wrongs against a person - Private person’s arrest Criminal law - Violation of penal codes, statutory law, traffic codes - Enforce these laws, protect and serve LD15 Laws of Arrest Detention and Arrest Reasonable suspicion: DETAIN - Reasonable suspicion is when an officer has enough facts and circumstances present to make it reasonable to suspect that criminal activity is occurring and the person detained is connected to that activity - “I have something, I can detain and investigate further.” - Ex. witnesses identifying suspect, radio description, a report description. Probable cause: ARREST - Is a set of facts that would cause a person of ordinary care and prudence to entertain an honest and strong belief that the person to be arrested is guilty of a crime - Probable cause is required before an arrest is made and is based on the totality of the circumstances  - Have to build your case for probable cause. Know the facts: warrants, run the plate, see something yourself - Ex: swerving, no signaling, odor of alcohol, bloodshot eyes, open bottles of beer. You have probable cause that the suspect was DUI Consensual encounters: - A consensual encounter is a face-to-face contact with a person under circumstances which would cause a reasonable person to believe they are free to leave or otherwise not cooperate - No legal justification needed to leave - Try not to elevate a consensual encounter into a detention - Ex: requesting info, interviewing witnesses Detention: A temporary detention or stop is an assertion of authority by a peace officer that would cause a reasonable person to believe they are not free to leave. Such a belief may result from physical restraint, unequivocal verbal commands, or other conduct by an officer - Requires REASONABLE SUSPICION of criminal activity - Enough facts/info to suspect that a criminal activity is occurring and that the person is connected to it Arrest: The Fourth Amendment of the U.S. Constitution requires probable cause to make arrests and/or conduct searches because searches or arrests conducted without probable cause infringe on a person’s privacy. - Must have PROBABLE CAUSE to make arrest Arrests Elements of lawful arrest - Arrest can be made by officer or private person - Arrest must be taken into custody and a manner authorized by law - Reasonable force may be used for an arrest - May be made by actual restraint Warrantless MISDEMEANOR Arrest happens when officer has probable cause that the suspect committed crime not in their presence. DJFARR ○ D- DUI ○ J- Juvenile ○ F- Firearm (1. public 2. airport) ○ A- Assault (1. Domestic 2. School in session 3. Fire/emt/paramedic) ○ R- Restraining order violation  - 6am-10pm unless they commit crime in officer’s presence/public place/is in custody for another crime (a radio call) - For misdemeanors not in presence, private persons need to make arrest Deposition (dispose of detainee): - Most misdemeanor crimes require deposition of detainee unless special circumstances - Some warrants tell you to either book detainee or release detainee Warrantless FELONY Arrest happens when suspect committed felony crime in officer’s presence or in officer’s absence 836 PC (pursuant to a warrant) Felony in officers presence Felony not in officers presence Probable cause to believe a felony has been committed, whether or not a felony has been committed - Anytime of day/week Information given to arrestee: (exception: if they’re currently committing offense or trying to escape) 1. Intent- tell them they’re being arrested 2. Cause- reason for the arrest 3. Authority- police ID, uniform, state authority Pre complaint warrant (Ramey warrant) - An arrest warrant issued by a judge or magistrate before a prosecutor files formal criminal charge - Speedy/need asap warrant Private Person’s Arrest: - A person may arrest an individual for any public offense (felony, misdemeanor, or infraction) committed in their presence Statute of Limitations: - Suspect(s) must be formally charged by prosecuting attorney within a certain time limit Knock and Notice: 1. Before entering with or without warrant officers must give notice to person inside to make arrest 2. “ LAPD, open the door we have a warrant” - wait one minute Exigent Circumstances: - Hot pursuit, Suspects escape, Threat to life or property, Destruction of evidence LEEP L- Life  E- Escape E- Evidence P- Property Miranda Warning: 5th Amendment protects against self-incrimination 1. Right to remain silent 2. Anything you do or say can be used against you 3. Right to counsel 4. If you can’t afford counsel, it will be provided to you - Read them the miranda, make sure they understand it, either they invoke the 5th or waive their right CUSTODY + INTERROGATION = MIRANDA WARNING Miranda Process 1. Warning 2. Understanding (can’t mirandize them when they’re on the nod) 3. Waiver (person in custody has to decide if they want to invoke/waive) a. expressed (need to clarify) or direct b. Can re-mirandize if they decided they wanted to talk Interrogation occurs when: - Officer engages in direct questioning of a person about a crime - Uses words or conduct reasonably to elicit an incriminating response Miranda isn’t required when: - They are not in custody - If officer has reason to believe someone’s life is in imminent danger if response is not given (exigent) - If statements are voluntarily given without interrogation - ALWAYS REQUIRED TO MIRANDIZE ALL JUVENILES Interviews/Interrogations Interview: Process of questioning non-suspects such as victims or witnesses (who typically are willing to cooperate). - Conducted on scene in order to collect info Interrogation: Process of questioning suspects who often may be unwilling to provide information to investigating officers. - Elicits incriminating response - Can happen before custody, but usually takes place after suspect has been taken into custody, typically as a part of a follow up investigation - Juveniles get mirandized right away and re-mirandized if interrogated Confession: - The commission of all the elements of a crime Admission: - Certain facts that incriminate an individual but falls short of a confession (missing parts) Subterfuge: - Use of deception/falsehood as a tactic. Ex. “A witness identified you…” Coercion: - Use of force or threats (mentally or physically). Ex. “your family will be held responsible” Involuntary Confession: - Results from the use of coercion and is not admissible in court. LD16 Search and Seizure Probable cause to search property, peace officers must be able to articulate how and why they have a fair probability to believe: - A crime has occurred or is about to occur - Evidence pertaining to the crime exists - The evidence is at the location they wish to search Warrant Searches: - Unless justified by an exception (consent, incident to arrest, search condition, or emergency), a search of private property may lawfully be conducted only if authorized by a search warrant - Under limited circumstances are officers permitted to secure a residence while in the process of obtaining a warrant Probable cause + exigencies = search while waiting for warrant Time limitations: Penal Code Section 1534 - Search warrant shall be executed and returned within 10 days from issuance - Served only between the hours of 7am-10pm unless designated for nighttime service by the magistrate issuing the warrant. Knock and Notice: Before entering a private dwelling to execute a search warrant, officers must comply with the requirements of knock and notice. 1. knock or otherwise announce their presence 2. identify themselves as peace officers 3. state their purpose  4. demand entry 5. wait a reasonable amount of time 6. if necessary, forcibly enter the premises Nexus Rule: Officers may seize items not listed in the warrant when - Items are discovered while the officers are conducting a lawful search for the listed evidence - They have probable cause to believe the item is contraband, evidence of criminal behavior, or would otherwise aid in the apprehension or conviction of the criminal - May enter the next conjoining room Warrantless Searches and Seizures: Although warrantless searches and seizures are presumptively illegal, when certain conditions are met, officers may lawfully search and seize evidence without a search warrant - Plain View Seizures: - No search has taken place. Since it’s in plain view, the owner of the object does not expect privacy (waiving the 4th) - To seize item in plain view: - probable cause the item is contraband or evidence of a crime - a lawful right to be in the location - lawful access to the item Surveillance: Not a considered a search and lawful if positioned from a legal spot - Binoculars - Night vision - K9 Reasonable and legal warrantless searches and seizures: Cursory/frisks/pat search - Limited to a frisk of the outer clothing, for WEAPONS or potential weapons ONLY - Able to seize contraband if IMMEDIATELY RECOGNIZED - Pat down search is for officer safety. If you can’t articulate it, don’t do it Consent searches - Those places and things the officer reasonably believes the consenting person authorized them to search Searches incident to exigent - Peace officers may do whatever is necessary to circumstances resolve the emergency, but nothing more  Searches incident to custodial - A full search of the arrestee’s person, containers arrest on the arrestee’s person, and the nearby physical area that was under the immediate control of the arrestee may be conducted when probable cause for a lawful arrest exists and the suspect is taken into custody, and the search is contemporaneous with the arrest. Probation/parole searches - A search is limited to item(s) specified in actual search conditions. Such as, the probationer’s person, their residence, and any other property under their control. No reasonable suspicion of criminal activity or of a probation/parole violation is required Express consent: - Clearly, authorizes searched orally or written - Requires no inference to supply the meaning Implied consent: - Authorized search by actions or behavior - Reasonably inferred Exigent circumstances searches: LEEP Officer may enter area of privacy when there is a compelling need for action and no time to secure a warrant - Imminent danger to persons life - Imminent escape - Imminent destruction of evidence - Serious property damage Re-entry: Following exigent circumstances, officers must vacate the premises and may not re-enter unless they have a warrant - Once inside, officers may do whatever is necessary to resolve emergency, and nothing more - Officers may seize item in plain view based off of excellent circumstances Custodial Arrest: - Interest where the person will be transported to another location Lawful search incident to arrest: - Person must be taken into custody in order to search Contemporaneous search: - Must be conducted at or near the time of arrest - While arrest is still on scene Protective Property Sweep: - Brief search to look for individuals only - Specific and factual basis for believing there may be other people inside who pose eight danger - Any contraband found during protective sweep in plain view may be seized Vehicle Searches (1.) Consent vehicle search - Search is limited to scope of consent (ask is what you get) Plain view seizure of vehicle - Must have probable cause the item is crime related - Lawful right to be in the location - Lawful access to the item - Allowed to use flashlight during night watch (2.) Protective search of vehicle (armed or dangerous) - Driver or occupant is lawfully detained - Reasonably believes based on specific facts that there may be a weapon or item used as a weapon - Only allowed to search passenger compartment (driver, passenger, back row) - Only where occupants could have reasonable access - Fertative movement (3./4. ) Search to custodial arrest (vehicle): *Has to be an arrest and going to jail - Search with evidence: - Can be handcuffed - Possibility there is evidence pertaining to crime - Passenger compartment or anywhere the evidence could be found - Only where the weapon can physically fit - Search without evidence: - Person un-handcuffed, arms reach with the car - Passenger compartment only (5.) Probable cause vehicle search - Risk of vehicles being moved, plus reduced expectation of privacy justifies more search - Must have probable cause that vehicle contains contraband or evidence - If an officer believes they have enough to obtain a search warrant for the vehicle, it is legal for them to go ahead and search it without a warrant - Applies to mobile vehicles or vehicles that appear mobile even if they’re not - Scope is bumper to bumper, whole vehicle - Don’t have to be going to jail - Furtive movements (frantic) Drugs and random rules: - Odor alone is not probable cause - Small amount Felony $250Felony $950Felony $950