4th & 5th Amendments


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


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


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:


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


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.


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.


Is your trash protected by the 4 th


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


– but be careful

Accusatory Interrogation

Time to ask for a lawyer or ask to leave.

Custodial Interrogation

Get a lawyer and SHUT


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


Christian Burial


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


IF it was done in GOOD FAITH.


IF there was probable cause that the officers would have EVENTUALLY

DISCOVERED the evidence.

Eventual Discovery