Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

Competencies Addressed in This Assignment

Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

Competency 2: Illustrate ethical compliance with criminal procedure from a criminal justice practitioner perspective.

Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.

OVERVIEW

The plain touch doctrine is a legal principle that allows a police officer to seize any contraband that the officer can immediately and clearly identify by touch while conducting a legal pat-down search. In Minnesota v. Dickerson (1993), the Supreme Court held: “If a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons; if the object is contraband, its warrantless seizure would be justified by the same practical considerations that inhere in the plain-view context.”

INSTRUCTIONS

For your assignment, prepare a three-page training memo, citing a minimum of two academically verified sources, to be distributed to rookie officers in your department during their training regarding proper criminal procedure with respect to the plain touch doctrine.

In your memo:

Articulate legally compliant procedural steps for a criminal justice practitioner in a situation involving the plain touch doctrine.

Explain classification of the plain touch doctrine as reasonable or unreasonable for a criminal justice professional.

Examine whether the plain touch doctrine is a threat to 4th Amendment protections.

Describe the implications of officers being able to manipulate objects that can be readily felt.

Be sure to review the Plain Touch Doctrine Scoring Guide to ensure you understand the criteria for this assignment.

REQUIREMENTS

Your memo should meet the following requirements:

Written communication: Must be free of errors that detract from the overall message.

References: A minimum of two references.

APA format: Format resources and citations as per current APA style and formatting guidelines.

Length of memo: Three pages, not including the title page and the references page.

Font and font size: Times New Roman, 12 point.

You are required to submit a draft of your paper to SafeAssign. Once you review your results and make any needed changes, submit your paper for grading.

HOW TO SUBMIT YOUR ASSIGNMENT

This is a two-step process.

SafeAssign: Drafts of all assignments must be submitted to SafeAssign.

Access SafeAssign through the link in the courseroom.

Submit your assignment using the draft folder.

Review the returned report and make changes as needed. (You may ignore any template matches.)

Submit Your Assignment for Grading: See the Campus tutorial, Submit an Assignment, (linked in the resources) for more information.

Click on the linked assignment heading.

Attach your file.

Click submit.

You will know your submission was successful by viewing the Submitted section of the My Grades area.

Note: Your instructor may also use the Writing Feedback Tool to provide feedback on your writing. In the tool, click the linked resources for helpful writing information.

Reference

Minnesota v. Dickerson, (91-2019) 508 US 366 (1993).

Is there any more info you need like the study assignment for this

 

STAGES OF AN ARREST

INTRODUCTION

Policeman arresting a criminal.

COMPETENCIES ADDRESSED IN THIS UNIT

Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

Competency 2: Illustrate ethical compliance with criminal procedure from a criminal justice practitioner perspective.

Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.

Competency 5: Communicate effectively in writing.

STOP AND FRISK VERSUS ARREST

Stop and frisk are two separate acts, rather than one continuous act. First, there is the stop, which is only justified if the police officers has reasonable suspicion that criminal activity is about to take place or has taken place. Stops based on race alone are not valid, but lower courts disagree on whether race can be taken as one factor in determining reasonable suspicion for a stop. In the late 1990s, concerns were raised across the United States in regard to police harassment of minority groups in their everyday encounters with law enforcement. Many of these concerns centered around the extent to which police were stopping people on the highway for driving while black, as well as racial bias in pedestrian stops of citizens by policing strategies concentrated in minority communities that targeted illegal gun possession and drug trafficking (Gelman, Fagan, & Kiss, 2005).TOGGLE DRAWERREAD FULL INTRODUCTION

OBJECTIVES

To successfully complete this learning unit, you will be expected to:

Examine whether the plain touch doctrine is a threat to 4th Amendment protections.

Explain classification of the plain touch doctrine as reasonable or unreasonable.

Describe the implications of officers being able to manipulate objects that can be readily felt.

Articulate legally compliant procedural steps in a situation involving the plain touch doctrine.

Explore justifications for each of the things an officer is allowed to do after an arrest without a warrant.

Evaluate how the courts have interpreted the parameters involved in a search after an arrest, supported by case law.

Lay out measures to ensure compliance with legal parameters when working in the criminal justice field.

Establish how certain actions go beyond what is considered to be acceptable in an arrest situation.

LEARNING ACTIVITIES Collapse All

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[U03S1] UNIT 3 STUDY 1

STUDIES

READINGS

Use your Criminal Procedure text to complete the following:

Read Chapter 5, “Stop and Frisk and Stationhouse Detention,” pages 117–146. Though often viewed as a single action, stop and frisk are best understood as two separate acts; each must be based on reasonable suspicion.

Read Chapter 6, “Arrests and Use of Force,” pages 148–185. In this chapter, you will see that the term seizure is broader than the term arrest. While all arrests are seizures, not all seizures are arrests.

Use the Capella library to read Gelman, Fagan, and Kiss’s 2007 article, “An Analysis of the New York City Police Department’s ‘Stop-and-Frisk’ Policy in the Context of Claims of Racial Bias,” from Journal of the American Statistical Association, volume 102, issue 479, page 813.Use the Internet to read the article “Detention Short of Arrest: Stop-and-Frisk,” from Justia.

OPTIONAL INTERNET RESOURCES

Familiarizing yourself with the following materials will provide you with additional insight and perspective about the legalities of stop and frisk, temporary detainment, and arrests.

Trujillo, J. (2015). Stop and frisk is alive and wellThe Huffington Post.

Schwartzbach, M. (n.d.). What’s the difference between an arrest and a detention or “stop and frisk”? Nolo.

Barrett, J. Q. (2012). Deciding the stop and frisk cases: A look inside the Supreme Court’s conferenceSt. John’s Law Review, 72(3).

Williamson, R. A. (1982). The dimensions of seizure: The concepts of “stop” and “arrest”Ohio State Law Journal, 43(4), 771–818.

United States v. Robinson, (72-936) 414 US 218 (1973).

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Articulate how the rules of criminal procedure apply to a criminal justice practitioner.

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