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:
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 4 th
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
Answer – but be careful
Accusatory Interrogation
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:
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