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2021-2022 Course Catalog [ARCHIVED CATALOG]

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CJS 2230 - Legal Issues

Credits: 3
Hours/Week: Lecture 3 Lab None
Course Description: Knowledge of legal matters is central to the role of a law enforcement official. This course introduces students to the principles of criminal procedures and the law. Topics include case law from the Supreme Court relating to stop and frisk, search and arrest, suspect identification and interrogation, and other legal procedures involved in law enforcement. Additional topics include the Minnesota State Constitution; application of the 4th, 5th, and 6th Amendments of the United States Constitution; and procedural requirements for police.
MnTC Goals
None

Prerequisite(s): ENGL 1024   with a grade of “C” or higher. CJS 1024 , CJS 2081 , CJS 2085 , SOC 1080 ,and SOC 2051   with grades of “C” or higher and instructor consent.
Corequisite(s): None
Recommendation: None

Major Content

  1. Search and seizure requirements
  2. Arrest procedures
  3. Use of Force
  4. Due process
  5. Cultural diversity
  6. Detention
  7. Terrorism
  8. Incident command

Learning Outcomes
At the end of this course, students will be able to:

  1. describe the sources of laws in the U.S. including federal law, state law, case law, and administrative regulatory law and process by which laws, statues and ordinances are enacted. (2.2.1)

  2. explain provisions of the constitution and Bill of rights that impact or restrict law enforcement including the First, Second, Fourth, Fifth, Sixth, Eighth and fourteenth amendments. (2.2.2)

  3. explain how the separation of Powers Doctrine works. (2.2.3)

  4. distinguish between criminal law and criminal procedure and explain the difference between substantive and procedural law. (2.2.4)

  5. summarize the forms of individual protection related to search and seizure granted by the US Constitution. (2.2.5)

  6. explain the meaning of the good faith doctrine, the fruit and of the poisonous tree doctrine and the inevitable discovery doctrine as they pertain to Fourth Amendment rights. (2.2.6)

  7. state the requirements of the Fourth Amendment on the law of arrest. (2.2.7)

  8. explain how constitutional right in the Fifth, Sixth, and Fourteenth Amendments affect police interrogations. (2.2.8)

  9. summarize the rights of individuals being interrogated under the Fifth and Sixth Amendments and the importance of adhering to procedures that protect those rights including:

    1. the prohibition again forced or coerced self-incrimination

    2. the Sixth Amendment right to counsel and correlating Minnesota Statute (Minn. Stat. 481.10) (2.2.9)evaluate mock crime situations and determine if evidence is admissible under the Fourth Amendment. (2.2.10)

  10. explain types of evidence and the differences between them, i.e., direct and circumstantial evidence. (2.2.11)

  11. describe the exclusionary rule and risks associated with contaminated evidence and loss of chain of custody of evidence. (2.2.12)

  12. describe the following suspect identification methods:

  13. Line-up, photo line-up, and field identification. (2.2.13)

  14. describe proceedings before a trial including the roles of the law enforcement, the defense attorney and prosecutors. (2.2.14)

  15. summarize the rights and processes related to a fair and speedy trial and the right to a jury. (2.2.15)

  16. explain the general provisions for sentencing in the Minnesota Criminal Code and Minnesota Sentencing Guidelines. (2.2.16)

  17. describe crime classifications misdemeanor through felony. (2.2.17)

  18. discuss enhancements that may be applied to repeat offenders, and career offenders. (2.2.18)

  19. explain the following terms: concurrent and consecutive sentences, imposition and execution of sentence, determinate and indeterminate sentencing. (2.2.19)

  20. list the five constitutional amendments involving equality rights. (2.2.20)

  21. explain the impact of the Fourteenth Amendment as it relates to due process and equal protection under the law including: 

    a. the difference between Fifth and Fourteenth amendments in terms of due process 
    b. the differences between substantive and procedural due process
    c. how Fourteenth Amendment rights constrain law enforcement authority in interrogations. (2.2.21)

  22. discuss limits placed on interrogation procedures in order to ensure protection of rights for U.S. citizens and non-citizens. (2.2.22)

  23. identify the criminal and civil consequences an officer may face by violating a citizen’s constitutional right. (2.2.23)

  24. compare and contrast characteristics of the civil and criminal justice systems. (2.2.24

  25. define the following terms: search warrant, arrest warrant, subpoena, order for protection (OFP), ex-parte order for protection, qualified domestic violence-related order (QDVRO), harassment restraining order (HRO), no-contact orders, night-capped warrant, no-knock warrant, and curtilage. (2.3.1)

  26. explain and demonstrate search warrant preparation including establishing a factual basis for probable cause and identifying items to be searched for and seized. (2.3.2)

  27. identify the legal requirements governing preparation and execution of the search warrant of a suspect’s home or dwelling, vehicle, or person. (2.3.3)

  28. explain the scope and limitation of a lawful warrant-less seizure during a consent search of persons. (2.3.4)

  29. explain the scope and limitation of a lawful warrantless search of a premise and warrantless search of a vehicle. (2.3.5)

  30. explain the scopes and limitation of a lawful warrant-less search during a searched based on exigent circumstances. (2.3.6)

  31. explain the scope of a lawful warrant-less search during a plain view search. (2.3.7)

  32. discuss how telephonic search warrants and search warrant templates can sleep up the search warrant application process. (2.3.8)

  33. explain each of the following types of orders: domestic violence protective orders, orders of no contact, and orders to pick up children. (2.3.9)

  34. explain what constitutes an arrest and the differences between a contact a detention and an arrest. (2.4.1)

  35. state the requirements of the Fourth Amendments on the law of arrest. (2.4.2)

  36. discuss protocols and terms associated with arrest including “reasonable suspicion” and “probable cause”. (2.4.3)

  37. describe the stop and frisk standard as found in “Terry vs. Ohio” and subsequent cases. (2.4.4)

  38. explain the legal requirements of, the exceptions to, and the need for an arrest warrant and how one is obtained. (2.4.5)

  39. describe when how a citizen can make an arrest. (2.4.6)

  40. explain the Supreme Court decision Miranda vs. Arizona and the four components of the Miranda warning. (2.6.1)

  41. explain a criminal defendant’s Sixth Amendment right to an attorney in all criminal prosecutions including interviews and interrogations. (2.6.2)

  42. describe legal interviewing and interrogation techniques peace officers may use and the differences between a voluntary and a coerced statement. (2.6.3)

  43. explain the difference between custodial and noncustodial interview or interrogation. (2.6.4)

  44. describe considerations for videotaping and recording interviews and interrogations and explain when interrogations must be recorded (state v. Scales, 518 N.W.2d 587 (Minn. 1994). (2.6.5)

  45. explain when admissions and confessions are legally admissible in court. (2.6.6)

  46. explain the purpose of an interrogation and how results of interrogation can be used in trials. (2.6.7)

  47. explain the condition under which confessions may or may not be used in court. (2.6.8)

  48. explain Minnesota statutes and relevant case law related to the application forced by peace officers. (2.8.1)

  49. explain the following terms: objectively reasonable, totality of circumstances, situations factors, pre-assaultive indicators, and, escalation and de-escalation as related to peach officer use of force. (2.8.2)

  50. discuss the term reasonable as it related to use of force. (2.8.3)

  51. state how department policies regarding use of force including deadly force may and may not vary. (2.8.4)

  52. given scenarios, recognize when force is or is not authorized and given and defend reasonable choices for the application of various types of force depending on the circumstances of the scenario. (2.8.5)

  53. give Supreme Court case examples authorizing the use of deadly force. (2.8.6)

  54. explain the Minnesota Statute that requires officers be trained in the use of those weapons and equipment the officer is issued or authorized to carry (Minn Stat. 626.8452) (2.8.8)

  55. explain when force may be used to make an arrest. (2.8.9)

  56. discuss liabilities associated with the application of force by peace officers. (2.8.10)

  57. explain the concept of racially based profiling (Minn, Stat. 262.87471) and other profiling that is based on false assumptions about groups of people and discuss:

    1. the impact of the Whren. United States decision

    2. the importance of impartial policing

    3. the difference between the terms pretextual stop and racial profiling and the problems associated with racial profiling by law enforcement

    4. how racial profiling impacts law enforcement credibility and community trust

    5. how to handle the perception of unfair or biased treatment of members of the public by law enforcement, and

    6. the importance of an officer’s ability to articulate valid reasons for vehicle stops. (2.12.1)

  58. define and explain the impact of hate crimes including:

    1. the motivations behind hate crimes

    2. the impact of hate crimes on victims and on communities

    3. the special needs of hate crime victims

    4. crime characteristics which may indicate a crime was motivated by the victims race, national orgin, sex, age, disability, or sexual orientation (Minn. Stat. 626.8451, subd. 1) (2.12.2)

  59. explain special reporting requirements related to bias motivated/hate crimes as required by Minn. Stat. 626.5531 (officers must report to their agencies, agencies to the BCA) (2.12.3)

  60. describe and demonstrate how to make contacts, detentions and arrests including:

    1. reading Miranda rights and verifying understanding

    2. selecting applying and removing types of restraints, i.e. handcuffs, flex-cuffs, leg restraints

    3. conducting a search incident to arrest

    4. describing procedures for conducting a strip search. (3.7.1)

  61. demonstrate strategies and techniques for safely taking a person into custody in a variety of locations when:

    1. the subject is non-compliant or combative

    2. there are multiple subjects to be arrested

    3. the subject(s) are larger and stronger than the officer. (3.7.2)

  62. describe and demonstrate protocols and procedures designed to safely transport a person in custody. (3.7.3)

  63. define the term positional asphyxia and describe its relationship to custody. (3.7.4)

  64. define the terms booking, arraignment, bail and personal recognizance. (3.7.5)

  65. identify officer survival/safety issues related to searches of a person, a vehicle, and a building. (3.8.1)

  66. conduct searches and seizures in accordance with state statues and criminal code and demonstrate conscious application of the concepts of reasonable suspicion and probable cause including:

    a. a legal consensual search of a person 

    b. a custodial search 

    c. a searching and inventorying of a vehicle including explaining when a vehicle may be impounded 

    d. a building search (3.8.2)

  67. discuss officer safety issues relevant to serving warrants and special procedures to follow when serving potentially high-risk warrants. (3.13.1)

  68. discuss the role of peace officers in a variety of disaster and large scale emergencies including:

    1. the importance of initial on-scene assessment for immediate action and resources needed and for on-going threats and safety concerns, i.e., gas leaks, downed power lines, lookers, fires, etc.,

    2. the importance of interagency communications and cooperative interaction between law enforcement agencies, utility companies, and other resources

    3. large scare traffic and crowd management. (3.14.13)

  69. given a scenario, explain or demonstrate an initial scene assessment. (3.14.14)

  70. summarize the elements of the incident command system (ICS) including:

    1. the overall objectives and primary functions of ICS

    2. the typical agencies that are involved in ICS

    3. the roles of emergency/first responder in preparedness and response systems during and after disaster situations

    4. the typical hierarchical chain of command structure

    5. the role of the FBI if the disaster is related to foreign or domestic terrorism. (3.14.15)

  71. summarize characteristics of system involved in preparing for the managing large scale disasters including:

    1. the elements of the national preparedness system and the national response plan

    2. the purpose key concepts and principles of the national incident management system (NIMS) (3.14.16)explain law enforcement functions aimed at protecting critical infrastructure and potential targets from terrorism and/or natural disasters. (3.14.17)

  72. explain law enforcement functions aimed at protecting critical infrastructure and potential targets from terrorism and/or natural disasters. (3.14.17)


Competency 1 (1-6)
None
Competency 2 (7-10)
None


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