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reply back to this 150 words. The Constitution does not define nor provide examples of what constitutes probable cause. Probable cause is less proof than "beyond a reasonable doubt," which is a higher standard the prosecutor must meet in order to convict a defendant (2016). An official or police officer seeking a warrant, must establish probable cause to the satisfaction of a judge. They must swear or affirm that all fact are true in nature supporting probable cause, and must describe the place to be searched, and the persons or things to be seized. If a search warrant fails to meet those requirements it is invalid. The following court cases show two ways in which probable cause was interpreted. ( Maryland v. Pringle ): Probable cause is a substantial suspicion, based on all the circumstances, that someone is a criminal (Rutledge, 2010). ( Illinois v. Gates ): lower courts should stop using a law school approach to analyzing probable cause issues and simply consider how an officer in the field would understand the situation he or she confronted (Rutledge, 2010). The exclusionary rule states that evidence obtained as a result of an illegal search, seizure, or interrogation is not admissible in a subsequent criminal trial (2016). The Supreme Court in the case of Weeks v. United States (1914) adopted the exclusionary rule, holding that illegally seized evidence ordinarily could not be used in criminal trial (Gann, 2014). There are five exceptions to the exclusionary rule: Collateral use- the exclusionary rule applies only to evidence seized by police and used in criminal trials. The exclusionary rule does not apply to evidence seized by private parties. Attenuation-states that evidence obtained in violation of the Fourth Amendment may be presented at a trial if an adequate amount of time or a later event eliminates the taint of the violation that led to the initial procurement of the evidence. Independent source-if evidence is procured by means of an independent source unconnected with any previous illegal search or seizure, the evidence will be admissible at trial. Inevitable discovery- may be used at trial if police can prove that they would have eventually found the evidence in a legal manner despite their previous illegal procurement. Good faith-illegally obtained evidence may be admissible in a criminal trial if the officers acted in good faith (2014). For and officer to conduct a stop he must have reasonable suspicion that an individual is about to commit a crime or has already committed a crime. Once the stop has taken place an officer can frisk if they have reasonable suspicion that the person is armed and dangerous. For an officer to make an arrest he must have probable cause to do so. Gann, S. M. (2014). Exclusionary rule, exceptions to. In J. S. Albanese, Wiley series of encyclopedias in criminology and criminal justice: The encyclopedia of criminology and criminal justice . Hoboken, NJ: Wiley. Retrieved from http://ezproxy ...

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use- the exclusionary rule applies only to evidence seized by
police and used in criminal trials. The exclusionary rule does
not apply to evidence seized by private parties. Attenuation-
states that evidence obtained in violation of the Fourth
Amendment may be presented at a trial if an adequate amount of
time or a later event eliminates the taint of the violation that led
to the initial procurement of the evidence. Independent source-if
evidence is procured by means of an independent source
unconnected with any previous illegal search or seizure, the
evidence will be admissible at trial. Inevitable discovery- may
be used at trial if police can prove that they would have
eventually found the evidence in a legal manner despite their
previous illegal procurement. Good faith-illegally obtained
evidence may be admissible in a criminal trial if the officers
acted in good faith (2014).
For and officer to conduct a stop he must have reasonable
suspicion that an individual is about to commit a crime or has
already committed a crime. Once the stop has taken place an
officer can frisk if they have reasonable suspicion that the
person is armed and dangerous. For an officer to make an arrest
he must have probable cause to do so.
Gann, S. M. (2014). Exclusionary rule, exceptions to. In J. S.
Albanese,
Wiley series of encyclopedias in criminology and criminal
justice: The encyclopedia of criminology and criminal justice
. Hoboken, NJ: Wiley. Retrieved from
http://ezproxy.apus.edu/login?url=https://search.credoreference.
com/content/entry/wileycacj/exclusionary_rule_exceptions_to/0
?institutionId=8703
Probable cause. (2016). In S. H. Gifis,
Dictionary of legal terms: definitions and explanations for non-
lawyers
(5th ed.). Hauppauge, NY: Barron's Educational Series.

Retrieved from
http://ezproxy.apus.edu/login?url=https://search.credoreference.
com/content/entry/barronsgkwm/probable_cause/0?institutionId
=8703
YouTube.(2018,May23).Is“StopandFrisk”Legal?https://apus.inte
lluslearning.com/lti/#/document/171607894/1/f6f3ee749111580
9dc38ea06284cd4b5/587ea6da0996d5cae1efe75084ebac1c/brow
se_published_content/9218/50012/73621/14/lesson/lesson?hide
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Yes, I believe that deception or lying is a valid and justifiable interrogation technique. "Because most deception is employed only after the suspect executes a valid waiver of Miranda rights" (Magid, 2001). "Miranda offers suspects little protection from deceptive interrogation techniques" (Magid, 2001). Additionally, I feel it is justifiable because a person who has been arrested for a crime may not be willing to admit guilt. An individual who has been arrested by police authorities, in most cases, was arrested because there was probable cause to effect the arrest. Probable Cause by definition, is the standard when there is reason to believe, based on the facts and circumstances surrounding an incident, that crime has been, is being or will be committed. if this is the case and an individual has been arrested based on the probable cause, the individual may not be forthcoming so it may take a trained interviewer and/ or interrogator to creatively extract a confession from the individual without violating the law and the individuals constitutionally protected rights. The job of any interrogation first and foremost is the find the truth, not to just "get a confession". There are evidentiary and/ or ethical ramifications by using this technique. The evidentiary ramifications have to do with the obtaining a confession and how it was obtained. The confession must be obtained within the parameter of the law in order to admitted into evidence. If the confession is obtained in violation of the law then it can be suppressed or thrown out as evidence. The ethnical aspect deals with the way the jury may view the deceptive techniques to obtain a confession. Just because it may be obtained within the parameters of the law does not make it ethical if there is the appearance of deception by the interrogation. The jury's perception is the jury's reality. For example, it would be unethical for the interrogator to promise the suspect freedom and no jail time in exchange for his/her signed confession of a crime because this is unethical and not lawful. Deception lawful and legal during interrogation as long as it done appropriately. " Police in the United States are often trained on Reid’s nine-step interrogation process"(Stinson, 2018). "Reid’s nine-step process of interrogation methods has been revised and expanded in various texts since first introduced in the 1940s and has adopted more manipulative and deceptive practices of interrogation methods over the past thirty years designed to gain psychological advantage over a suspect being interrogated"(Stinson,2018). References: Magid, L. (2001). Deceptive Police Interrogation Practices: How Far Is Too Far? Retrieved December 2, 2020, from https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2258&context=mlr Stinson, P. M. (2018). Police Interrogation. Retrieved December 2, 2020, from https://scholarworks.bgsu.edu/cgi/viewcontent.cgi?article=1086&context=crim_just_pub .

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C H A P T E R 4 Arrest and Stop under the Fourth Amendment Because the strongest advocates of Fourth Amendment rights are frequently criminals, it is easy to forget that our interpretations of such rights apply to the innocent and the guilty alike. —JUSTICE THURGOOD MARSHALL, United States v. Sokolow, 490 U.S. 1, 11 (1989) 171 CHAPTER OUTLINE OVERVIEW OF THE LAW OF PERSONAL DETENTION Arrests and Investigative Stops Detention to Investigate Detention and Search during the Execution of a Search Warrant ARREST Arrest and Police Discretion Consequences of Arrest Defining a Fourth Amendment Seizure and Arrest Probable Cause to Arrest The Use of Force THE ARREST WARRANT REQUIREMENT Arrest in Public Arrest in the Home Arrests and Searches in Third-Party Homes SEARCH INCIDENT TO ARREST The Scope of a Search Incident to Arrest The Protective Sweep Exception Searching at the Station House STOP AND FRISK Establishing the Constitutional Authority to Stop The Sources of Reasonable Suspicion Terry on the Streets Terry on the Road Terry in Tight Places Terry at the Airport: Drug Stops and Drug Courier Profiles Terry and Canine Detection Cases LAW IN SOCIETY: DOMESTIC VIOLENCE AND ARREST Changing Norms and Domestic Violence Laws Impediments to Change: Police Discretion and Domestic Violence The Minneapolis Experiment and the Replication Experiments Mandatory Arrest: Policies, Polemics, and Findings Mandatory Arrest: Empirical Studies Conclusion SUMMARY LEGAL PUZZLES JUSTICES OF THE SUPREME COURT: STALWART CONSERVATIVES, 1938–1962: REED, VINSON, BURTON, MINTON, AND WHITTAKER Stanley F. Reed Fred M. Vinson Harold Burton Sherman Minton Charles E. Whittaker KEY TERMS arrest arrest warrant body cavity search booking brevity requirement bright-line rule class action citizen’s arrest companion case custodial arrest custody drug courier profile false arrest field interrogation “fleeing felon” rule frisk fusion centers illegal arrest in personam jurisdiction in-presence rule M04_ZALM7613_06_SE_CH04.QXD 1/11/10 5:21 PM Page 171 G A R R E T T , M E G A N 1 3 2 4 T S OVERVIEW OF THE LAW OF PERSONAL DETENTION Even a routine arrest—physically detaining a person—is a drastic event. For some people being arrested, even when justifiably, is psychologically traumatic. For the police officer, a routine detention may quickly escalate into a life-threatening episode, although firearms are not used in 99.8 percent of all arrests. Only 5.1 percent of arrests involve the use or display of weapons of any type. Indeed, in 84 percent of all arrests, police use no tactics at all—the arrestees simply submit.1 Nevertheless, all seizures of people are, by law, forcible detentions in that they are not consensual. Arrests and Investigative Stops A police detention of a person can be lawful or illegal. Because liberty has priority in American political theory and constitutional law, all detentions by government officers ...

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1 PHASE 4 INDIVIDUAL PROJECT: DISCRETION Phase 4 Individual Project Criminal Justice Capstone CJUS484-1601B-01 Instructor Randall Peterson Colorado Technical University Online March 14, 2016 ABSTRACT According to the facts of the scenario‚ the two crime suspects named Steve Chapman (Suspect #1) and Keith Hopkins (Suspect #2) committed their crimes and fled the crime scene before police officers made their arrival. Luke Roberts, victim #1, was shot in the head and pronounced deceased at the scene. Mr. Liam O’Neil, victim #2, was one of the crime victims that survived the crime incident. He was able to describe the two suspects, Keith Hopkins and Steve Chapman, to the police officers. The two suspects were later arrested and taken into police custody after being positively identified based on the surviving victim’s description. The following will discuss how would discretion affect this particular case and if it would have changed the outcome from several perspectives. It is also important to point out that according to the facts of the case scenario‚ it was only after the police interviewed Suspect 2‚ Keith Hopkins‚ that they were able to get the information regarding the property that they both stole during the robbery as well as the gun that was used in executing the robbery. The police interview revealed that the stolen property from both victims was hidden in a laundry basket in Hopkin’s bedroom within his home. He also stated that Suspect 1, Steve Chapman, hid the gun used in the robbery in the attic of his house under the insulation (CTUO, 2016). It is also suspected that there may also be additional evidence in the house, but Keith Hopkins refused to give any further information and denied consent to retrieve the items within the home(s). Under the circumstances illustrated in this scenario‚ the two criminal suspects are protected by the Fourth Amendment. With that said, the police would not go ahead to search and seize the stolen property plus the gun used in committing the crime‚ without obtaining a search warrant from a magistrate. This is because according to the Fourth Amendment of the United States Constitution‚ every U.S. Citizen has a right to be secure in their houses‚ persons‚ effects‚ and paper against any unreasonable seizures and searches. This right cannot or should not be violated or no warrants issued unless there is a probable cause that is generally supported by oath of affirmation. The warrant must say or clearly describe the particular place(s) that will be searched as well as what property or person that needs to be seized (Galiano, 2011). It is important to point out that the police officers did not apprehend the two suspects during the robbery act that went wrong. But that the police officers arrested the two suspects after they had committed the crime upon matching the victim’s description, the admission and stated location(s) of the hidden stolen property and the gun used in t ...

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