| Cases and Resources
Chapter
12: Criminal Justice Progress: The Investigation
Arrest
Search and Seizure
Interrogations and
Confessions
Arrest
Your
Rights if Arrested
Read a basic outline of your constitutional and legal rights
if arrested. Understanding your rights is the first step toward
resolving your case.
Your
Rights and the Police
It is important to conduct yourself properly when arrested
or questioned by the police. Be aware of your rights, but
also remain polite and calm. This article describes appropriate
behavior when interacting with law enforcement.
Probable
Cause
To arrest someone, there must be a reasonable belief that
a specific person has committed a crime. Learn what probable
cause means when applied to criminal suspects and how to determine
if probable cause exists.
Drug
Courier Profile Indicators
Examine a list of factors that law enforcement might consider
when looking for drug couriers. What indicators suggest a
person is involved with drug trafficking? Do you think these
indicators are fair?
Youth
as Police Informants
The use of police informants to corroborate police suspicion
may be considered when issuing an arrest warrant. The use
of young people as informants is a subject of heated debate.
This article discusses the dangers and advantages of using
juvenile informants.
Draper
v. United States
This case involves a man arrested in a Chicago train station
after a tip led police to look for a man walking quickly and
carrying a bag. Does this give police enough probable cause
to arrest him?
Stop
and Frisk Law
The police can stop and frisk a person who appears suspicious
or dangerous. Learn more about when and why the police can
stop and frisk a person and what the police may search.
Illinois
v. Wardlow
Read the Supreme Court decision in a case in which the suspect
was arrested after running at the sight of police vehicles.
The defendant had a right to flee, but his behavior was enough
to fulfill the requirement of reasonable suspicion and permit
the police to stop and frisk him.
Tennessee
v. Garner
Read the text of this case involving the use of deadly force
to subdue a young suspect. Do you agree with the holding (the
decision) of the case?
Maryland
v. Wilson
Read the decision in the 1997 Supreme Court case that permits
a police officer to order all passengers out of a car when
making a lawful traffic stop.
Arrest
for Seat Belt Violation
This article was written in response to the case in your text
regarding the arrest for seat belt violations. Why was the
woman arrested? What would this Oklahoma law change so that
people could not be arrested under similar circumstances?
The
Exclusionary Rule
Police who arrest or search a person unlawfully usually cannot
use evidence they find from these actions to prosecute a person
in court. This is called the exclusionary rule. The exclusionary
rule is closely related to the “fruit of the poisonous
tree” doctrine. The “poisonous tree” is
the unlawful arrest, and the “fruit” is the evidence.
The fruit is tainted because it comes from something unconstitutional.
Read this explanation of the “fruit of the poisonous
tree” doctrine and the exclusionary rule. How does the
Fourth Amendment protect defendants or suspects from improper
use of evidence?
Atwater
v. City of Lago Vista
Read the decision allowing the arrest of a mother who was
not wearing her seat belt. Explore the entire opinion
and dissent to discover why the court found this
arrest constitutional. Now examine the transcripts from the
oral
arguments before the Supreme Court regarding
this case.
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Search
and Seizure
The
Fourth Amendment
Browse this overview of the Fourth Amendment and review what
rules, cases, and practices stem from the rights guaranteed.
The
Fourth Amendment and the Exclusionary Rule
The rules regarding search and seizure can be complicated.
Take a closer look at the laws and your rights to understand
the Fourth Amendment. The fruit of the poisonous tree doctrine
and the exclusionary rule prohibit police and prosecutors
from using evidence gathered during unlawful searches and
seizures. The Supreme Court once thought that the exclusionary
rule was not needed. What do you think?
Reasonable
Expectation of Privacy
Read a description of what police may and may not do based
upon an individual’s reasonable expectation of privacy.
Do you agree with these rules? What would you change and why?
California
v. Greenwood
Explore a description of the case mentioned in your text concerning
privacy rights and garbage set out for collection. You may
also listen to the oral
arguments
of the case or examine the full
text of the decision.
Police
Brutality in the United States
Investigate a series of articles from Human Rights Watch concerning
police brutality cases in the United States.
Law Enforcement Trust and Integrity Act 2000
Scroll down and click on H.R. 2656 to read the text of a bill
proposed to prevent excessive force by police. What does this
law do to change abusive behavior by police?
U.S.
Department of Justice: The Problem Police Officer
Explore a publication designed to help police departments
identify and help the small percentage of officers that may
be prone to excessive force. What are the warning signs? What
can other officers do to help? Why is this issue important
for police forces?
Probable
Cause and Airport Screenings: Is Liberty Lost During Emergencies?
This article by a Republican policy committee summarizes and
answers the concerns of the ACLU (American Civil Liberties
Union) regarding airport security searches after September
11, 2001. With which side do you agree?
Richards
v. Wisconsin
Browse a description of the case mentioned in your text concerning
the “knock and announce” test. Read the full
text of the decision or listen to the oral
arguments.
Wilson
v. Arkansas
The description of this case further defines the “knock
and announce” principle in determining the reasonableness
of an arrest warrant. From this site, you can also listen
to the oral arguments or read the full text of the case.
Searches
Without a Search Warrant
Read a short description of cases in which a search warrant
is not necessary for the police to carry out a search. Do
you agree that all of these instances should not require a
search warrant?
Maryland
v. Wilson
Examine a summary of the Supreme Court case allowing police
to order a passenger out of a car on a routine traffic stop.
From this site you can also read the full text or listen to
oral arguments of the case.
Indianapolis
v. Edmond
This case, referred to in You Be the Judge in your
textbook, decides the constitutionality of roadblocks meant
to check for illegal narcotics. Read the opinion of the Supreme
Court and decide if you agree.
Mississippi
v. Edwards
Analyze the facts of this Mississippi case and decide if you
agree with the decision of the court. This man was found guilty
of drug possession after state officials at a weigh station
were suspicious of the driver’s behavior.
New
Jersey v. T.L.O.
Explore a summary of the case in which an assistant principal
searched a student’s purse and found evidence of marijuana
use. From this site, listen to the oral arguments or read
the full text of the decision.
Vernonia
School District v. Acton
Read a landmark case about drug-testing of high school athletes
in public schools. From this site, listen to the oral arguments
or read the full text of the decision.
Board
of Education v. Earls
The Supreme Court recently expanded the Vernonia
v. Acton decision. Explore the summary of this case,
the full text of the decision, or articles commenting on the
decision.
What
You Need to Know About Drug Testing in Schools
Read this publication written by the National Drug Control
Policy Center. Why is drug testing allowed in public schools?
Is drug testing effective in preventing or controlling drug
use?
Student
Searches
Read a discussion of what the Constitution and the Supreme
Court say about student searches in public schools. What are
the major case decisions regarding this issue? How do you
feel about student searches?
Sobriety
Checkpoints
Browse the myths and facts provided by MADD (Mothers Against
Drunk Driving) concerning sobriety checkpoints.
State
Laws and Highway Checkpoints
Read the recent decisions made about sobriety checkpoints
in various states. What does your state allow police to do
to randomly search for drunk drivers? Do you agree that the
law is fair and reasonable?
Michigan
v. Sitz
Examine a summary of the Supreme Court case referred to in
You Be the Judge in your textbook. This case answers
whether police are allowed to set up a roadblock to randomly
check for drunk drivers. Why does the Supreme Court allow
this practice? What must police do to make this practice legal?
You can also read the full text or listen to the oral arguments
of the decision.
Suspicionless
Searches
Read through the types of searches mentioned in this article
that do not require probable cause or reasonable suspicion.
Why are these incidents exempt from typical Fourth Amendment
requirements?
Racial
Profiling
Learn about racial profiling and the policy of the Bush administration
on this issue. The related articles on the left side of the
screen will help you to understand different perspectives
on racial profiling.
Homeland
Security
Since the terrorist attacks of September 11, 2001, many people
in the United States have changed their minds as to when it
is appropriate for bags and people to be searched. Explore
how security concerns have affected our policies of what is
appropriate or necessary, such as baggage inspection before
traveling.
USA
Patriot Act of 2001
In response to the September 11, 2001, terrorist attacks,
Congress passed the USA Patriot Act of 2001. Read
the text of this act. Now read a summary of the act to help you understand what it means.
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Interrogations
and Confessions
FindLaw:
Interrogations and Confessions
Read an overview of the law concerning police interrogations
and confessions. The Fifth Amendment of the Constitution provides
protections to suspects in police custody. What rights does
the Fifth Amendment guarantee?
Interrogation
Tactics
This article describes the tactics that police can use to
“manipulate” suspects into talking or answering
police questions. Do you think these tactics are fair or unfair?
Escobedo
v. Illinois
Explore a summary of an important case regarding a suspect’s
right to counsel. This person confessed to a crime without
having an attorney present. You can also read the full text
or listen to the oral arguments of the decision from this
site.
Miranda
v. Arizona
This landmark case mandated that every person who is arrested
must be alerted to his or her constitutional rights. Read
the full decision, listen to the oral arguments, or read various
summaries of the case.
Oregon
v. Mathiason
Read the Supreme Court case upon which “The Parolee
and the Detective” in your text is based. What decision
did the Court make in this case? Do you agree?
New
York v. Quarles
One exception to the requirement that the Miranda rights be
read to a suspect immediately upon arrest, and before questioning
begins, is when public safety is at stake. Read a summary
of this case in which public safety was created as an exception
to the Miranda requirement. You may also listen to the oral
arguments or read the full text of the decision.
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