Beginners guide to navigating 201

Anyone that has had to deal with 201 poplar (the criminal court house) knows that's it is a maze of court rooms, lawyers, and elevators. 

When first dealing with 201, it can be daunting and mildly frightening.  Good news, this beginners guide will help you find the basics to get you started!

For anyone that has a case in 201, this guide will show you the necessities.  Criminal cases start in General Sessions.  These court rooms are on the floor below floor number 1.  You go down the escalators to reach these court rooms.  Drug cases however start in the criminal hearing room which is on the second floor. So, if you have a drug case, it will start on the second floor.  For all other cases, go to the bottom of the escalators.   

Division 10 is domestic violence cases. Any case that revolves around a domestic relationship will start in this division.  

Division 8 houses the drug cases, except for the initial arraignments, which again are on the second floor. 

Divisions 1-3 handle city traffic tickets.  If you are issued a traffic ticket, this is the place where you will need to handle your matter. Division 14, which handles Shelby County tickets, is on the 2nd floor. 

The 5th floor starts the Criminal Court rooms.  Once a case has found to have had probable cause by the grand jury or by information, then the Criminal Court rooms handle the case.  The 1-4 Criminal Courts are on the 5th floor.  The 5-8 Criminal Court rooms are on the 6th floor.  Finally, Criminal Court Room 9 and 10 are on the 7th floor.  

This is only meant as a guide to navigation.  Any law questions should be handled by an attorney. 

Terry v. Ohio- What is a Terry Stop?

In the landmark case, Terry v. Ohio, the Supreme Court ruled that a police officer may stop someone if there is reasonable suspicion to believe that a crime is afoot. This means that an officer does not need a warrant or even probable cause to detain someone.  However, the officer is only allowed a reasonable amount of time to either confirm or deny their suspicions about the crime.

So what is the difference between probable cause and reasonable suspicion?
Reasonable suspicion is a lower bar than probable cause. The officer has to be able to articulate sufficient facts to believe that a crime is occurring or recently occurred.  Although the officer would have to give a reason as to their suspicion, it could simply be something to the effect of, "he was in the general area of the crime and walked away when I approached him."  
On the other hand, probable cause requires the officer to have sufficiently trustworthy facts to stop the person.  In this instance, if the police officer sees you run a red light, then it is sufficient enough to pull you over and give you a citation. Seeing someone running the red light is sufficiently trustworthy.

To sum it up, a terry stop is the ability of an officer to stop a person and ask them questions.  It is perfectly legal as long as there is reasonable suspicion and the length is reasonable as well.

Miranda v. Arizona- "The Miranda Warning"

Miranda v. Arizona is one of the cases that most people are familiar with when they think of criminal law.  Television has popularized the "Miranda warning," but very few people could tell you what the case really is about and how this right came into being.

Miranda was arrested on charges of rape, kidnapping and robbery. After being arrested, he was interrogated by police.  However, Miranda was not informed of his rights that are protected by the Constitution. During this interrogation, he confessed to the crimes and his statements were used against him in trial. 

Luckily, the Supreme Court held that a person accused of a crime must be informed of their rights to remain silent, to obtain an attorney and any information given after could and most likely will be held against them in a court of law. 

Most people take these rights for granted today.  We see it everyday on television and hear about it in the news. So it has become common place in today's culture.  But take moment to reflect a world with out these rights.  People could get bullied into confessing for something they did not do, and subsequently convicted due to that confession.  

So what does this mean for the average citizen? 
The Miranda warning  is triggered by two events, 1. a custodial detention (usually arrest) and 2. an interrogation.  An interrogation can be a police officer asking you questions after the arrest, but a simple arrest will not trigger the mandatory warning.  (Do not let TV fool you.) If you are arrested and the police start asking you questions, ask for an attorney or tell the police that you wish to remain silent.  

For more information regarding this case visit: PBS.org   or visit  http://www.uscourts.gov

For more information on a case visit: http://www.wagermankatzman.com/