Rights of Suspects
The Fourth Amendment
The Fifth Amendment
The Fourth Amendment

The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or
affirmation, and particularly describing
the place to be searched, and the persons
or things to be seized.
Search and Seizure: Probable
Cause

The officer has to
prove to a judge there
is reasonable proof
that law is being
violated on the
premises to be
searched.
Search Warrants



Identify the property
to be searched.
Items to be seized.
Must be the suspect’s
property and
“common” areas.
Situations where warrants aren’t
needed:






Consent
Plain View
Emergency Situation
Hot Pursuit
Search pursuant to
arrest
Searching for suspect
****
Situations where warrants aren’t
needed:

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

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Border checkpoints
Airport searches
Sobriety Checkpoints
(WITHIN REASON)
Drug Testing – for
people involved in
accidents / federal
jobs.
Student Searches
Student Searches

TLO v. New Jersey

Did the assistant
principal have the right
to search TLO’s
purse?
School v. Street

Mere suspicion v.
probable cause.
Situations where warrants aren’t
needed

March 2004: USA v.
Kelley Gould

Officers no longer
need to have a search
or arrest warrant for a
“brief” search of your
home or business.
NOTE:


If a warrant is present
– burden of proof is
on YOU that there
wasn’t probable
cause.
If there is NOT a
warrant – then the
burden of proof is on
the police that there
was probable cause.
Search and Seizure Cases

California v.
Greenwood:

Is your trash protected
by the 4th
Amendment?
Search and Seizure Cases

Mapp v. Ohio 1968
Fifth Amendment


No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offence to be twice
put in jeopardy of life or limb; nor shall be compelled
in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for
public use, without just compensation.
Types of Police Questioning

Investigative Interrogation


Accusatory Interrogation


Answer – but be careful
Time to ask for a lawyer or
ask to leave.
Custodial Interrogation

Get a lawyer and SHUT
UP!

TEST the cops!!
Miranda Warning



You have the right to remain silent.
Anything that you say can and will be used
against you in a court of law.
You may have an attorney present while
you are questioned. If you cannot afford
one, the court will appoint one for you.
Do you understand these rights as I have
read them to you?
Police Questioning



May not badger
May not use violence
or threat of violence
May not use
psychological
coercion
Cases for Police Questioning

Miranda v. Arizona


Miranda Warning
Quarles v. New York

Public Safety Rule
Other People that DON’T have to
testify against you:

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Spouses (boyfriend / girlfriends don’t
count)
Children against parents (SOMETIMES)
Religious leaders (priests)
YOUR doctor
YOUR lawyer
The “Christian Burial” Case

Brewer v . Williams
Did the police use
proper procedure in
arresting Mr. Williams
or did they violate his
right to remain silent?
The Exclusionary Rule

If police got a
confession illegally or
found evidence
illegally – can it be
used against the
defendant??
The Exclusionary Rule


YES – IF it was done
in GOOD FAITH.
YES – IF there was
probable cause that
the officers would
have EVENTUALLY
DISCOVERED the
evidence.

Eventual Discovery
Rule
The OTHER part of the 5th:
DOUBLE JEOPARDY

nor shall any person be
subject for the same
offence to be twice put
in jeopardy of life or
limb.
Why Double Jeopardy in the
Constitution?

Founders wanted to
prevent:

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Harassment and
oppression.
Having a person tried over
and over until there was a
conviction.
Keep from being tried over
and over after being once
convicted.

Not having them reconvicted for the same
crime.
The truth about DOUBLE
JEOPARDY


Fong Foo v. US:
Even if a person has
been acquitted of a
crime and police
AFTER the end of the
trial uncover evidence
proving guilt ….
The Truth About DOUBLE
JEOPARDY

There is LITTLE if
ANYTHING they can do.

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IF the trial ended with
being found “not guilty”
IF the defendant didn’t take
the stand and lie under
oath.
IF the defendant didn’t try
to tamper with witnesses.
VERY hard to prove.
Double Jeopardy


You can’t be tried in the
SAME court twice for the
same crime.
Rodney King case:


The officers found not
guilty of beating King in
California court.
Retried in Federal Court –
of denying King his civil
rights of due process.
Double Jeopardy: OJ Simpson


Simpson was found not
guilty in a California state
criminal court.
Found guilty in a
California CIVIL court of
denying life and potential
monetary rewards the
dead would’ve shared
with family.
Double Jeopardy does NOT apply

If the trial ended in a
mistrial.