Arrests, Questioning, and
Imprisonment
Rights of the Accused
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Counsel
No excessive bail – 8th Amend. (however bail
can be denied)
Speedy and Public Trial (6th Amend)
Trial by Jury (although most are plea bargained)
Cruel and Unusual Punishment (punishment
must be proportionate to crime); (8th Amend.)
Double Jeopardy (can’t be tried twice for crime
if acquitted)
Arrests (and Seizures)
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May be conducted:
With a warrant upon probable cause (4th Am.)
B. Without a warrant in emergencies, in “hot pursuit,”
or when probable cause exists
A.
Searches
May be conducted:
A.
With a warrant issued upon “probable cause”
B. Without a warrant under these exceptions:
If probable cause exists with car
People believe suspect is armed
When police make lawful arrest
If suspect gives consent
If evidence is in plain view
To protect lives an property
Schools can conduct random drug tests
C. Wiretapping legal only if warrant issued (?)
D. FISA court (1978) can secretly authorize surveillance for foreign
intelligence purposes
Exclusionary Rule
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Illegally obtained evidence may not be used in
court trial (est. by Mapp v. Ohio, 1961)
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Supporters- Claim it discourages police
misconduct
Critics – Lets crooks “off the hook” on
technicalities. Why should society pay for
misconduct of few police?
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Police Questioning
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Forced questioning is prohibited
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Miranda Warnings used to silence and counsel
(Miranda v. Arizona, 1966)
“You have the right to remain silent. Anything you
say can be used against you in a court of law.
You have a right to an attorney…….”
Effects of Patriot Act (2002)
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Gives FBI and CIA greater power to wiretap,
monitor e-mail, survey student records, business
records conduct searches w/o notification
(“roving wiretaps”)
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Federal gov’t can deport non-citizens w/o
judicial appeal
Weakened protections of 4th Amendment
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