Lecture Notes Legal Studies 1101 March 25 2014 1 Cooking the Book a Making false bank statements this includes over valuing property or making false statements about your assets that then leads a bank to make a decision based on the false information b Ex Tyler s Sports Bar and Grill inflates their statements with the full intention of paying back all the money they are loaned from the bank Did they commit a crime Yes c A person can be convicted of making false bank statements even if the bank did not actually use the statements in their evaluation It is irrelevant as to whether or not the bank used the statements but it is the fact that the false bank statements were submitted i The reason behind this is that by submitting false statements you are technically lying to the federal government due to the fact that banks are federally insured and audited by the federal government d It is illegal to file for bankruptcy and present false statements as your assets e Bankruptcy fraud when a person files a false bankruptcy statement by falsifying their assets either on paper or in a bankruptcy case i In the case of a cooperation even though a corporation may be a separate entity from its employees it can still be held liable for the actions of its employees but only when committed in the scope of their employment ii Criminal liabilities come into play when the corporation acts on its own for example a supervisor or others overseeing employees the corporation can be held liable iii A business would be held liable if for example a bartender serves liquor to a minor iv Ex Should a frat that held a rush party and stocked the soda machine with beer be liable for a minor that bought the beer The frat also voted not to have the beer at the party and a member of the frat put the beer in the soda machine without the knowledge of the other members The frat was still held liable for serving the beer to a minor in court a Criminal Investigation action the follows the crime being reported b 5th Amendment Guarantees that a person won t be forced to testify against themselves in a court of law If you do decide to talk you must be given your Miranda Rights c Miranda Rights i The Miranda Rights State 1 You have the right to remain silent 2 Anything you say can be used against you in a court of law 2 Criminal Procedure 3 You have the right to an attorney present before any questioning 4 If you cannot afford an attorney one will be appointed o represent you before questioning 5 Do you understand these rights ii The Miranda Rights only have to be given if a person is being taken into custody iii Custody for Miranda Rights means the person feels significantly deprived of freedom i If not given Miranda Rights anything stated cannot be used in the court of law they will throw the statements out ii 5th Amendment Protection 1 Would not apply say for example a handwriting sample or photograph anything NOT testimony iii 4th Amendment Prohibits unlawful search and seizure Warrants must be issued with probably cause 1 How to obtain a search warrant d Interrogation a Officer must obtain written form b Must state what they are searching for and where c The Search Looks for a reasonable expectation of privacy as to whether or not you need to issue a warrant 2 What happens if you find something else illegal that you were not issued a warrant for You must get a different warrant unless you find something illegal in a spot where you were searching for the originally warrant aka you can t go out of the way to look for different illegal items where you suspect someone might be hiding them if you don t have a warrant to do so this would be illegal 1 Plain view if the illegal item is in plain view you do not need a warrant no reasonable expectation of privacy 2 Emergency If the delay of getting a warrant would defeat the purpose you do not need a warrant 3 Consent Someone voluntarily allows you to search 4 Hot pursuit If police are in hot pursuit of a person hey don t have to stop pursuing the person in order to get a warrant to enter a home or vehicle etc 5 Stop and Frisk If a police officer thinks you look suspicious they can stop you If they re patting you down they can t pull anything off of you unless they know when they touch it exactly what it is iv Exceptions to when you do not need a warrant