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Police may seize items (such as illegal drugs or weapons) that arein plain view without obtaining a warrant. This rule is known as theplain-view exception. In 1981, the Supreme Court said police maysearch the entire passenger area of a car without a search warrant oncethe occupants are placed under arrest. A year later the Court modifiedthat position. Police officers who have legitimately stopped anautomobile and have probable cause to believe that contraband (illegalgoods or substances) is hidden inside may search the vehicle withouta warrant, including compartments and containers within the vehiclewhose contents are not in plain view.In 1991, the U.S. Supreme Court held that once police have probablecause to believe a crime is being committed, they do not needa warrant to seize a vehicle and search it, as well as any closed containerinside. In that same year, the Court said that once a motoristgives police permission to search a car, officers may open bags or containerswithin the car.The Supreme Court has also held that school officials may searchstudents without a warrant. However, the officials must have reasonablegrounds to believe the search will turn up evidence that thestudent has violated school rules.The ArraignmentThe suspect is brought before the court as soon as possible afteran arrest, informed of the nature of the complaint, and made aware ofhis or her rights. At this time, the judge may find cause to dismissthe complaint or decide if there is probable cause that a crime wascommitted.Depending upon the jurisdiction, the prosecuting attorney eitherprepares an information or presents the case to the grand jury. Aninformation is a set of formal charges drawn up by the prosecutingattorney. A grand jury is a jury of inquiry made up of citizens whomust decide whether there is enough evidence to justify accusing certainpersons of certain crimes.A grand jury conducts a preliminary hearing in secret to determinewhether someone must stand trial. A petit jury decides on the guilt orinnocence of the person tried. A trial jury is a petit jury because it hasfewer members than a grand jury.The grand jury hears evidence and testimony of witnesses. Ifjurors decide a crime has been committed, they issue an indictment ,or written accusation charging the individual. This issuance does notmean that the named person is guilty but that the grand jury believesthere is a possibility he or she is guilty.Following the indictment or information, the accused is brought tocourt for arraignment . The suspect is read the indictment orGuns in SchoolAccording to a recentreport on state implementationof the Gun-Free Schools Act, 55percent of expulsionsfor bringing firearmsto school involvedhigh school students,33 percent involvedmiddle school students,and 10 percentinvolved elementaryschool students. Howcan you make yourschool safer?Get InvolvedLocate local, state,and national children’sadvocacy groups todetermine what programsin your areahelp educate teensabout gun violence.Find out how you andyour friends can forma group at school thatpromotes nonviolentsolutions and encouragesmediation.Chapter 2: The Court System 45

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