Understanding the
Criminal Justice System
Chapter 6: Police and the
Constitution
Constitution
1.
Laws of arrest, search, and seizure
a. Police powers
- investigative / arrest powers
(1) Investigative
- stop someone
- frisk someone
- remove someone from vehicle
- ask questions of someone
- detain someone
Constitution
(2) Arrest
- use necessary / reasonable force
- search a person and area
- exercise seizure / restraint
b. Constitutional restrictions
- intent left to courts
- arrest warrant / search warrant
(1) Search and seizure
- search for / taking of
Constitution
- persons and property
- as evidence of a crime
(2) 4th Amendment
- “unreasonable” searches
(a) Supreme Court ruled on:
- search / arrest warrants
- searches incident to arrest
- stop and frisk
- fresh pursuit
Constitution
-
random vehicle checks
consent search
plain view seizures
confessions
(3) Exclusionary Rule
- prohibit evidence seized illegally
- “fruit of the poisonous tree”
(a) Violation of 4th Amendment
- unreasonable search/seizure
Constitution
- Weeks vs. United States
(1914) - federal
- Mapp vs. Ohio (1961)
- US vs. Leon (1984) “good
faith exception”
(4) Use of confessions
- prohibits forced confessions
(Brown vs. Mississippi - 1936)
- assistance of counsel (Miranda
vs. Arizona – 1966)
Constitution
(5) Search warrants
- written order
- issued by a judge
- to a police officer
(a) Based on probable cause
- prosecution: affidavit
- judge reviews
- questions officer
(b) “Totality of circumstances”
Constitution
(6) Arrest warrant
- valid to enter person’s residence
- search warrant / consent needed
for third party residence
(7) Search incident to arrest
- clothing / within suspect reach
- plain view
(a) “Exigent circumstances”
- evidence destroyed / injury
Constitution
(8) Stop and frisk
- detain briefly for questioning
- reasonable suspicion
- ‘pat down’ for officer safety
(a) Terry vs. Ohio (1968)
(9) Vehicle searches
- arrest of occupant
- unlocked containers
- Carroll Doctrine (1925)
Constitution
(a) Spot checks
- pull vehicles over at random
- Fury vs. Seattle
(10) Private / consent searches
- legal authority
- parent: child under 18 (unless
emancipated / pay rent / etc)
- school administrator: lockers /
book bags
Constitution
(11) Electronic eavesdropping
- recording conversations
- both parties
- drug deals: police administrator
(12) Border search
- any vehicle / any person
- drug courier / terrorist profile
(13) Game agent searches
- stop / search any vehicle
- ask for identification / license
Constitution
(14) Plain view doctrine
- see contraband
- right to be there
- all senses
- “furtive move”
(15) Custodial interrogation
- 1960s: contacted by police
- 1980s: focus on individual
- 1990s: if arrested