FUNCTIONAL AREA 5

LEGAL REQUIREMENTS OF ARREST,

SEARCH, SEIZURE, EVIDENCE, AND USE OF FORCE

The trainee will understand the constitutional principles and legal precedents relating to arrest search and seizure. Additionally, policy and law relating to use of force will be covered.

INSTRUCTIONAL UNITS:

5.1 CONSTITUTIONAL RIGHTS . . . 101 The unit covers the basic rights of individuals as provided by the United States Constitution and the New Jersey Constitution, with special emphasis on the federal First, Fourth, Fifth and Sixth Amendments and the corresponding state provisions. The authority of the courts in resolving constitutional issues is described and the purpose of the court-created Exclusionary Rule is explained.

5.2 PROBABLE CAUSE . . . 103 The unit discusses the concept and definition of probable cause. It covers the sources for developing probable cause and the considerations that should be taken into account for establishing probable cause. The trainee will be given practice in determining whether sufficient basis exists for establishing probable cause.

5.3 LEGAL REQUIREMENTS AND PROCEDURES OF LAWFUL ARREST . . . 104 The unit covers the legal requirements that must exist before an arrest can be made, the law enforcement officer's authority and jurisdiction to arrest, the requirements and limitations of an arrest with or without a warrant, and the process for obtaining a complaint-summons and a complaint-warrant. The unit presents other arrest authorities, for example, citizen arrest, and the police procedures for persons exempt from arrest. The unit emphasizes the conditions when Miranda warnings are to be given. The unit provides the trainee with practice in determining whether an arrest is lawful and in determining when Miranda warnings are to be given.

5.4 FIELD INQUIRIES, TERRY STOPS AND TERRY FRISKS . . . 106 The unit covers the legal requirements necessary for street encounters including inquiries, stops, and detention and covers legal guidelines regarding frisks. The unit also explains the legal limitations to a field stop and patdown.

This unit covers the legal requirements that must exist before a search warrant can be issued, the requirements for obtaining a search warrant, and the procedures to follow in the execution of the search warrant. Exceptions to the search warrant requirement are covered including searches incident to arrest, consent searches, plain view, automobile exception and exigent circumstances. Body intrusion searches and telephonic search warrants are also covered in the unit.

5.6 WARRANTLESS SEARCHES AND SEIZURES . . . 110 This unit discusses interpreting the Fourth Amendment, and whether or not an officer can search and/or seize evidence without a warrant.

5.7 FIFTH AMENDMENT AND MIRANDA WARNINGS . . . 113 This unit discusses when Miranda warnings are required to be given.

5.8 USE OF FORCE . . . 115 This unit provides an overview of the statutory requirements regarding use of force. The concept of reasonable force is emphasized in self-defense situations, in defense of others, in law enforcement situations and in defense of premises and personal property. Through the use of simulated situations, the trainee is provided with the opportunity to evaluate whether the force used was reasonable under the circumstances. The Attorney General's guidelines

prohibiting warning shots and describing sanctions a law enforcement officer may incur for the improper use of force are also covered.

5.9 EYEWITNESS IDENTIFICATION . . . 118 This unit discusses the procedures which must be followed to conduct a proper show up, photo array, and lineup to ensure that the results are admissible in court. The suspect's rights and the role of counsel during these procedures are outlined. The steps necessary to compel a person not in police custody to appear in a lineup are also identified.

5.10 RULES OF EVIDENCE . . . 121 This unit touches upon the basic legal concepts regarding the rules of evidence as they apply to a law enforcement officer's duties. Classification of evidence, types of evidence, witness qualification, testimonial privileges, hearsay evidence and the types of statements or evidence which may or may not be admissible in court are topics introduced in the unit. The importance of demonstrating the chain of evidence is also introduced.

5.11 ASSET FORFEITURE . . . 124 This unit discusses the legal issues surrounding asset forfeiture including what can be seized and how to initiate asset forfeiture proceedings. The Attorney General's Forfeiture Guidelines are presented and investigation techniques used to enhance forfeiture proceedings are

identified. Through the use of simulated situations trainees will be required to determine whether a forfeiture action against property is appropriate.

Constitutional Rights UNIT GOAL

The trainee will identify certain constitutional provisions that protect the rights of individual citizens.

PERFORMANCE OBJECTIVES

5.1.1 The trainee will identify the role of each branch of government pursuant to the Constitutions of the United States and the State of New Jersey.

5.1.2 The trainee will identify the purpose of the Bill of Rights.

5.1.3 The trainee will identify the authority of the judicial branch to interpret the Constitution.

5.1.4 The trainee will identify the authority of the New Jersey Supreme Court to interpret the United States Constitution and the New Jersey

Constitution.

A. The trainee will identify the importance of caselaw.

5.1.5 The trainee will identify the authority of the United States Supreme Court and the New Jersey Supreme Court to interpret the

constitutionality of statutes.

5.1.6 The trainee will identify the rights granted to citizens under the First Amendment.

5.1.7 The trainee will identify the rights granted to citizens under the Fourth Amendment.

5.1.8 The trainee will identify the rights granted to citizens under the Fifth Amendment.

5.1.9 The trainee will identify the rights granted to citizens under the Sixth Amendment.

5.1.10 The trainee will identify the rights granted to citizens under the Eighth Amendment in conjunction with the New Jersey Constitution and the New Jersey Court Rules regarding bail for a person accused of a criminal offense.

5.1.11 The trainee will identify the Due Process Clause and its application to the states under the Fourteenth Amendment.

5.1.12 The trainee will identify the purpose of the Exclusionary Rule and the consequences of violating the constitutional rights of an individual.

Probable Cause UNIT GOAL The trainee will identify the concept of probable cause.

PERFORMANCE OBJECTIVES

5.2.1 The trainee will identify the definition of probable cause as it pertains to: A. An arrest with a warrant;

B. An arrest without a warrant;

C. A search with a warrant; and D. A search without a warrant.

5.2.2 The trainee will identify sources for developing probable cause.

5.2.3 The trainee will identify problems with establishing probable cause through anonymous informants.