Lesson 2 Investigation Assignment

Lesson 2 Investigation Assignment

Isai Hosana Ake

Alvernia University

CJ 302: Judicial Process and Procedures

 Lesson 2 Investigation Assignment 2

Abstract

The paper presents summary and answers to the objectives listed at the beginning of chapters

two and three in the textbook: Procedures in the Justice System (11th ed.) by Robertson, C.,

Wallace, H. & Stuckey, G. (2016).

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The Requirements of a Valid Arrest

The Constitutional rights as backed by the Fourth Amendment and interpreted by the

Supreme Court, has placed a limit on the issues of arrest in Criminal law. Hence, a law

enforcement officer must establish that there is violence or tendency for violence caused by

misdemeanor, ensure that there is a probable cause for arrest to be made, and/or has a warrant

issued by a magistrate for the arrest to be valid (Rafii & Bender, 2023). Police officers must not

arrest individuals just because they feel like it or because they look like criminals. There must be

reasonable or probable cause through tangible evidence that the individuals have committed a

crime.

Issues Involving the Use of Force in Making an Arrest

Law Enforcement agents are always at loggerheads with people suspected of crime in the

course of duty. Making arrests, restraining untamed crowd, and putting disruptive situations

under control are some of the instances that police officers are compelled to use force. Although,

one can argue that better community service requires the use of force. However, excessive use of

force attracts media attention, legislation, and sometimes, lawsuits. The extreme use of force by a

small number of law enforcement agents has put a blemish on the good work put in by the police

to control crime. The police have been criticized, de-funded, their activities and jurisdiction

reduced, and have been hamstrung throughout the United States (Madison, 2023). These

unprofessional and illegal actions by the small minority of law enforcement agents have been

topics of discussion over the years and have been broadcast throughout the media, tainting the

image of law enforcement. Nevertheless, there are strategic approaches used by police agencies

to build confidence in crises management and crime control as well as general police

administration.
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Situations in which Warrantless Arrests may be Made

A police officer has the authority to make an arrest without an arrest warrant when an

individual to be arrested has committed an offense in the presence of the officer or when there is

a breach of peace such that the officer has probable cause to believe that the suspect has

committed a felony or a misdemeanor (Shouse Law Group, 2024). In technical terms, police

officers are authorized to make a warrantless arrest if they have probable cause to believe that the

offender has committed a minor crime punishable by a small fine.

Booking, Citation, and Summons Processes

During the course of an arrest, the police officer basically takes a criminal suspect into

custody to be booked or processed at the county jail. The process of booking typically entails

gathering of the suspect’s personal information, fingerprints, and photographs; recording vital

and useful information about the alleged crime; searching if the suspect has a past criminal

record; seizing personal items that might be incriminating; and placing the suspect in a police

local jail for arraignment (Williams, 2023). Some criminal cases do not naturally begin with a

traditional arrest. In minor misdemeanor cases like jaywalking, law enforcement agents will

merely issue a citation that contains a court date for the offender to answer to the charge. On the

other hand, the police may have the court issue a summon to the suspect through mail and

requesting such individual to appear in court to answer to the charge.

Immunities from Arrest

Immunity, though, never absolute, is a privilege recognized by national and international

law, that is lawfully ascribed or given to certain individuals or State officials, which allows them

to carry out their duties free from outside pressures. Immunity from arrest literally means that an
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individual may never be arrested nor prosecuted but it is restricted to acts committed in the

exercise of official functions, or when a person is under immunity (Capers, n.d.).

The Miranda Requirement

The Miranda requirements emphasizes the constitutional requirement that once an

individual or a criminal suspect is detained by the police, certain rights must be read to such

individuals by the police officer. The rights include that they may remain silent as anything they

say may be used against them in the court of law; the detained suspects have the right to an

attorney and if they cannot afford an attorney, one would be provided for them.

The Concept of Territorial Jurisdiction to make an Arrest

Territorial jurisdiction is the limits of the geographical boundaries of a place within

which courts or law enforcement agencies have jurisdiction to make arrest or act judicially, and

outside of which its judicial acts are null and void (Mendoza vs. B.T. Co., 90 Phil. 804). In civil

cases, the place is never considered part of jurisdiction. It is only a question of venue – that the

arrest should be made in New York or Houston is never considered as jurisdictional. But in

criminal procedure, the place where the arrest is to be made or the trial is to be heard is not only

a question of venue but also a question of jurisdiction.

Protections Granted an Out-of-State Witness

The witness is shielded from the possibility of being arrested and served with process

while in the state where the court hearing is taking place as well as while traveling, and the judge

in the witness’ home state will be required to decide whether or not the witness will be exempt

from being arrested or served with civil or criminal process (Schot, 2023). It is therefore,

considered a standard procedure to recognize and explain this exemption while filing the motion.
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This protection extends to the witness’ presence in the state and any state through which he

passes pursuant to such a summons (Spencer, 2017).

The Two Most Common Types of Detention

The two most common types of detention are punitive detention and preventive

detention. Punitive detention is a punishment for a criminal offense. It occurs after a crime has

been committed, or after an attempt has been made to commit the crime. Preventive detention, on

the other hand, refers to a person’s confinement in advance of committing a crime or engaging in

criminal activity. It is the practice of detaining criminal suspects on the assumption that their

release would be detrimental to the peace of the society and that, if released, they would commit

several other crimes.

Requirement for Stop and Frisk

The issues associated with unreasonable searches and seizures as stated in the Fourth

Amendment brought about the stop and frisk rule. This rule according to (Turner, 2020),

authorizes the police to “pat down anyone they suspect may be committing, have committed, or

are about to commit a crime.” The Stop and frisk policy or rule must be based on more than

mere but less than probable cause; it must be based on reasonable suspicion, good cause to

believe, and articulable suspicion (Richert, n.d.). In most cases, the suspicion of the police alone

is what makes them to stop and search a suspect.

Requirement for the Police to Stop and Temporarily Detain a Vehicle on a Public Road.

A law enforcement officer may temporarily detain a vehicle on a public road if the officer

has a good reason to suspect that a traffic infraction or other criminal act has been committed

(HG Lawyers, n.d.). The officer is within his or her rights to pull over a vehicle and investigate

the situation. An investigative stop gives the officer the opportunity to question the suspect about
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the circumstances around his or her actions, such as weaving in and out of their lane of traffic.

Additionally, a police officer has the authority to undertake a protective search of an individual

after the individual has been lawfully detained in the event that the officer has reason to believe

that the individual is concealing weapons in a vehicle. However, the methods that the officer

uses to investigate should be the least intrusive to avoid altercation of any form.

Meaning and Examples of when a Reasonable Suspicion Exists

The requirement of having a reasonable suspicion was conceived of by the court in order

to characterize a level of suspicion that is lower than that of probable cause. This principle was

initially articulated in the case of Terry v. Ohio, which took place in 1968 (Jones, 2018). In

circumstances involving reasonable suspicion, the court looks for a lower threshold of

justification to satisfy. A more stringent standard is needed, for instance, to arrest a suspect as

opposed to merely searching him momentarily. For a traffic stop to be justified on the basis of

reasonable suspicion, the officer must be in possession of specific facts indicating that illegal

activity is taking place (Kamin, & Shiffler, 2019).

Difference between an Arrest and a Stop-and-Frisk Situation

The stop-and-frisk search is a limited search where the police confront a suspicious

person in an effort to prevent a crime. The individual is subjected to a weapon search and

interrogation by the law enforcement officers. While stop-and-frisk is momentary, an arrest,

though with similar procedure takes a longer period that culminates in the suspect being

transported to the police station and booked.

The NYPD Stop-and-Frisk Program

In New York City, the practice of temporarily detaining, questioning, and at times

searching civilians and suspects on the street for weapons and other contraband is known as the
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stop-question-and-frisk program, also known simply as stop-and-frisk. This practice is carried

out by the New York City Police Department. This particular checkpoint is referred to as the

Terry stop in a number of other parts of the United States. The guidelines for the policy can be

found in section 140.50 of the criminal procedure code of the state, and they are based on the

decision that the Supreme Court of the United States made in the case Terry v. Ohio

(Thompson, 2019).

Conditions for the Police to Use Highway Checkpoints

The police can use checkpoints along a road in order to stop and inspect the drivers and

vehicles that are traveling along that road. The Fourth Amendment can be violated by the use of

checkpoints due to the fact that the police often do not have reasonable cause to suspect that any

road user who is stopped has broken a law (Bergman, 2011). However, as long as the police

follow specific procedures, the U.S. Supreme Court has concluded that the practice can continue

as long as it is not unconstitutional. For instance, stops made without reasonable suspicion at or

near the United States border are typically legal.

Issues Involved with Canine Sniffing

As a dog handler, one is required to stay with the dog at all times to ensure that the dog is

safe and in a stable yard. The police service dog is highly aggressive, and care must be taken

before people are allowed to get close to it. The officer needs to show a very high sense of

responsibility to the dog always, in terms of their health and well-being. The handler and the

police dogs should always be ready for any call-outs or public relations demonstrations that may

come their way (Hiance, 2020). It is necessary to provide the dog with regular training in order

to keep the dog in good shape and ensure that it is able to perform its functions effectively. They

require a significant amount of dedication as well as self-sacrifice. Sometimes the canine police
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are expected to work in risky areas and run vast distances in tough settings. This places the

canine officers and their dogs in potentially hazardous situations.

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References

Bergman, P. (2011, October 25). When can police set up roadblocks?

www.nolo.com. https://www.nolo.com/legal-encyclopedia/police-set-up-roadblocks.html

Capers, B. (n.d.). What is criminal immunity? TalksOnLaw.

https://www.talksonlaw.com/briefs/what-is-immunity

HG Lawyers. (n.d.). Reasonable Suspicion to Stop a Vehicle. HG Leading Lawyers.

https://www.hg.org/legal-articles/reasonable-suspicion-to-stop-a-vehicle-34329

Hiance, C. R. (2020). No Longer Working Like A Dog: Cannabis and Canine Sniff

Jurisprudence Under the Binary Search Doctrine. N. Ky. L. Rev., 47, 49.

https://www.findlaw.com/criminal/criminal-procedure/booking.html

Jones, R. L. (2018). Terry v. Ohio: Its failure, immoral progeny, and racial profiling. Idaho L.

Rev., 54, 511.

Kamin, S., & Shiffler, Z. (2019). Obvious but Not Clear: The Right to Refuse to Cooperate with

the Police During a Terry Stop. Am. UL Rev., 69, 915.

Madison, K. R. (2023, March 9). Factors to consider before using force to effect an arrest. Police

Magazine. https://www.policemag.com/point-of-law/article/15307742/factors-to-

consider-before-using-force-to-effect-an-arrest

Mendoza vs. B.T. Co., 90 Phil. 804.

Rafii, R., & Bender, M. (2023, December 14). What Procedures Must the Police Follow While

Making an Arrest? Findlaw. https://www.findlaw.com/criminal/criminal-procedure/what-

procedures-must-the-police-follow-while-making-an-arrest.html

Richert, D. (n.d.). Stop and Frisk. Office of Justice Programs. https://www.ojp.gov/ncjrs/virtual-

library/abstracts/stop-and-frisk
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Rosenthal, L. (2022). Legal Ethics as a Roadblock to Police Accountability. Miss. LJ, 92, 1.

Schot, S. (2023). Protecting traumatized witnesses during testimony. Traumatized Witnesses in

International Criminal Trials, 99-142. https://doi.org/10.4324/9781003370963-5

Shouse Law Group. (2024, March 15). "Warrantless arrest" - When are cops allowed to make

one? Criminal, Immigration, Injury & Employment Lawyers.

https://www.shouselaw.com/ca/blog/warrantless-arrest/

Spencer, J. R. (2017). Court experts and expert witnesses. Expert Evidence and Scientific Proof

in Criminal Trials, 569-592. https://doi.org/10.4324/9781315094205-25

Thompson, T. (2019, March 15). NYPD’s infamous stop-and-frisk policy found unconstitutional.

The Leadership Conference Education

Fund. https://civilrights.org/edfund/resource/nypds-infamous-stop-and-frisk-policy-

found-unconstitutional/

Turner, M. L. (2020, June 30). When can the police stop and frisk you on the street? LegalZoom.

https://www.legalzoom.com/articles/when-can-the-police-stop-and-frisk-you-on-the-

street]

Williams, S. (2023, August 15). Police Booking Procedure. FindLaw.