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Dear students.

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I am delighted to record this first
video of a series of three that

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will be posted on the website.

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Today I will be introducing the
first of two classes on pre-trial

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proceedings.

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Please notice my pronunciation
pre-trial proceedings.

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Also, be careful with trial,
not tree al, but try all.

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Now if I say to you you have the
right to remain silent,

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anything you say can and will be
used against you in a court of law.

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You have the right to an attorney.

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If you cannot afford an attorney,
one will be provided for you.

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Do you understand the rights that
have I had just read to you with

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these rights in mind?

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Do you wish to speak to me?

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You have all heard this in series
of movies, but did you know that

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these words are nowhere to be found
in the Bill of Rights as they derive

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from a case so very famous that
the name of the defendant has become

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a verb?

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Police officers now ask each other
if the suspect has been Mirandized

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as a synonym to having been read
their rights.

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And this is where we get to the
core of our class.

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In this class, we'll be talking
about arrest and custody.

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And in relation to arrests and custody,
there is something called the

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exclusionary rule, which I must
explain carefully.

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But before we get to that,
may I just point some pronunciation

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tips, give some pronounciation tips to you?

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You have noticed that I said a
poLIce officer and not a POlice

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A police officer?

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This is because in English there
is something really annoying to

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French students called the word stress.

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It is also something that can make
your English sound good immediately

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when you speak, even if you have
a bit of a French accent,

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which all English people think
is lovely, darling, sexy and which

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you should definitely keep,
or at least enough to make you

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cute. So, the accentuated syllable
can be anywhere between the first

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syllable and the syllable before
the last.

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Pay attention because it makes
your spoken English sound fluid

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and makes it easier for people
to understand you very quickly.

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A second point.

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There is another annoying pronunciation
bit in English called the schwa.

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It's the vowel you almost cannot
hear when you say about Hear it

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again in arrest to make an arrest.

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Also in America, it's the vowel
that almost disappears and is followed

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by a strongly stressed syllable.

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If you can say Mbappé,
you can pronounce a schwa.

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Remember proceedings.

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Well, there is a schwa as well.

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The O is almost not pronounced
because the syllable after C is

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very strong.

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Please try it at home on your own
and say Proceedings, About, America.

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Back to the exclusionary rule and
its deadly consequences for the

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proceedings when disrespected.

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The exclusionary rule means that
any piece of evidence recovered

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through an unlawful process will
be excluded from evidence at trial.

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You have a piece of evidence, an
incriminating evidence,

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but you cannot use it during trial
because it has been tainted,

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infected by the unlawful way in
which it was collected. With Miranda,

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any incriminating statement obtained
after, for instance,

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an unMirandized suspect confessed
to, say, a murder, will not be used

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in court, will be excluded from
trial because of the exclusionary rule.

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So the declaration of the suspect
is excluded, but not all other

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evidence in the trial.

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The evidence obtained,
thanks to the unMirandized statement,

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may be used in court.

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So remember, Miranda means that the FBI,
the state police, the local police

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all have to warn every suspect
in their custody, meaning being

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detained by them, that they have
the right to a lawyer paid for

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by the state if they are indigent,
poor, and their right to remain silent.

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Miranda was so decried,
criticized, that Congress tried

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to overrule it two years after
it was handed down.

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However, the Supreme Court then
declared the law unconstitutional

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and struck it down.

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It is for you to give this some food for
thought.

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Was the US Supreme Court creating
law instead of interpreting the.

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Constitution?

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Is it a good thing that the US
Supreme Court can choose to strike

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down a law passed by Congress to
protect the Miranda Principle anyway?

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Miranda or its full name:

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Miranda v Arizona, dated 1966,
has been constantly upheld by the

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US Supreme Court, but its scope
has been repeatedly reduced since then.

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In New York vs Quarles, 

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1984, the US Supreme Court created
a public danger exception to Miranda,

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which is often used in cases of
terrorism.

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A clear and present danger allows
police officers to use unMirandized

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statements in court.

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If the statement could end the
emergency.

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Of course, you can still not harm
or threaten the suspect to obtain

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a statement, and access to a lawyer
cannot be denied for too long.

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An interesting restriction occurred
in Illinois V Perkins in 1990,

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where a police officer posed as
an inmate, a fellow prisoner in

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a prison, and thus obtained an
unwanted and unMirandized statement

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from another prisoner.

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It was said by the court that Miranda
protects from coercion,

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false statements, but not deception.

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And be careful.

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This is a confusion: deceit and deception
means fraud, not disappointment.

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There are a number of pending issues,
such as using other languages to

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read the suspects their rights,
the possibility for a child to

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waive, so to renounce their Miranda
rights, before having spoken to

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their attorney.

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Rules vary from state to state.

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Now let's get to another pretrial
proceeding.

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The notion of stop and frisk.

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You have seen this in movies and
series too.

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When you want to search someone's
house, you need to be in possession

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of a warrant.

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If not, people can refuse to show
you their house, cabin,

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large car, etcetera.

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This protection against unreasonable
searches and seizures.

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So taking things from the suspect
is protected by the Constitution.

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There are a number of exceptions
to this warrant requirement.

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The mother of all exceptions (so the main exception),
is the consent of the owner.

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Also, when a police officer arrests
a suspect acting upon an arrest

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warrant, for instance,
the suspect can then be searched

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as well as the immediate area.

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Exigent circumstances.

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These are circumstances where the
police officer believes that there

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is a danger to lives or property.

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Plain view.

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If illegal objects such as drugs,
for instance, are found in plain

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view for anyone to see,
or if they are found inside the

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house after obtaining the consent
of the owner, they can be seized

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by the police officer.
checkpoints.

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Within the limits of general
crime fighting, checkpoints are

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not permitted to avoid targeting
a particular area.

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The landmark case in warrants and
seizures is Terry v

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Ohio, 1968.

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In this case, the US Supreme Court
ruled that the police who lawfully

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stop a suspect based on the reasonable
suspicion that the person had committed

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or was about to commit a crime.

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So what they can do is stop the
person and frisk them,

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pat them down to feel if they have
a weapon.

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For instance, a Terry stop.

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Just like Miranda, it has almost become
a brand can result in an

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arrest or a summons to appear in court.

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The individual can also be released
if the police finds nothing suspicious

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or problematic.

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A reasonable suspicion is somewhere
between a hunch, a gut feeling

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that someone is up to no good and
probable cause, which is a much

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higher level.

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So a police officer will have to
be able to ground their decision

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to stop and frisk a person upon
objective elements as to the individual

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combined with their experience
as a police officer.

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A few additional information based
on existing precedents.

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The police can stop someone on
the basis of information from an

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informant, but there must be
corroborating elements.

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This is Alabama v White,
1998.

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Objects that could match the size
and shape of a weapon can be seized.

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And this was in Minnesota.

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Dickerson 1993.

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There again keep in mind

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the exclusionary rule.

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Any evidence recovered during an
illegal stop and frisk will be

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excluded from trial.

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Worse yet, the doctrine of the
poisonous fruit means that if the tree,

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for instance, the illegal stop
and frisk of an individual based

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on a mere inspiration from the
police officer for which there

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is no objective element,
allows the police to discover plenty

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of evidence which incriminate the
person stopped or one of their friends

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for instance; the whole chain of
evidence will be corrupted and

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poisoned like so many fruits of
a tree which started out as poisonous.

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Stop and frisk have become a
controversial issue.

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For instance, in New York,
from 2005 to 2008, Afro-Americans

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and Latinos made up 52% of the
population, but represented 80%

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of the Terry stops.

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On top of that, there were later
released because only 2.6% of the

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Terry stops led to an actual
arrest.

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To conclude, remember the pronunciation
of trial and proceedings and make

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sure you never, ever add an S to
evidence which is uncountable.

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If you want to point to a specific
piece of the lot, you say a piece

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of evidence.