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Unit 8

Unit 8 . Punishments and Investigations. Arrest. An arrest takes place when a person suspected of a crime is taken into custody. An arrest is considered a seizure under the 4 th amendment to the U.S. Constitution

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Unit 8

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  1. Unit 8 Punishments and Investigations

  2. Arrest • An arrest takes place when a person suspected of a crime is taken into custody. • An arrest is considered a seizure under the 4th amendment to the U.S. Constitution • You can be arrested one of two ways: with a warrant, which list the reasons why you are being arrested. The second way is to be arrested with probable cause. • Probable cause: DWI • Warrant: You skip your trial date and a warrant is issued for your arrest

  3. Probable Cause • All police officers need to arrest you on probable cause is a reasonable belief that you committed a crime. • For example, If you fit the description of a bank robber you could get arrested by an officer. • Drug courier profile: • This is when officers are allowed to racially profile individuals. • Some argue this is unfair to do this because we are making generalized assumptions with respect to drug couriers • On the other hand people believe that drug law enforcement presents unique problems to police and the use of profiling is necessary to stop drug trafficking.

  4. Reasonable suspicion and stop and frisk • Reasonable suspicion requires less evidence than probable cause but must be more than a mere hunch. • For example, if a person is suspicious that a person is armed and dangerous, he or she may do a limited pat-down of the person’s outer clothing called a “stop and frisk” • It is legal for an officer to stop any person and ask to speak to them. You can decline and continue your activity and the officer cannot use your silence as probable or reasonable suspicion. • If you run from the police upon being asked for identification the officer has the right to arrest you. This is especially true in high crime areas.

  5. What do I do if I am arrested? • Turn to page 138 in your text and read about what you should do if you are ever arrested and answer the following questions in your notes: • 1. What type of information should you give the arresting officers? • 2. What type of information should you not give to the police? • 3. What is going to happen to you while you are being arrested? • 4. What is the term for being arrested for a minor offense and being released without having to put up any money? • 5. What should you do if you are arrested for a serious misdemeanor or felony?

  6. Search and Seizure • Read page 140 and do problem 12.4 in your notes. I will be walking around the room checking for your participation.

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