What are our rights and how do we protect them?

How do we balance our personal rights against the right of society to be safe and secure?

What are our rights and how do we protect them? How do we balance our personal rights against the right of society to be safe and secure? I will speak from my role as a police officer to try to help answer these questions with you as well as any other questions you may have about your rights when in comes to dealing with the police.

Constitution’s Purpose The Constitution, in particular the Bill of Rights, was designed to protect the rights of the citizens of this nation. When issues of police abuse are raised quite often the issue is whether a violation of the citizen’s 4 th amendments rights have been violated.

The Fourth Amendment Search and Seizures

The Fourth Amendment Protection from unreasonable search and seizure. –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.

The Fourth Amendment Part of the original ten amendments to the U.S. Constitution entitled the Bill of Rights.

The Fourth Amendment Part of the original ten amendments to the U.S. Constitution entitled the Bill of Rights. Ratified on December 15 th, 1791.

The 4 th Amendment The 4 th Amendment protects citizens from”Unreasonable” search and seizure. Most often the argument that comes before the court centers on what is reasonable or unreasonable. If the result of the alleged violation of rights results in criminal prosecution and conviction the individual may appeal his conviction all the way to the Supreme Court.

What constitutes a Search?

What constitutes a Search? A search occurs when the government invades an individual’s privacy. It is constitutionally unreasonable if:

What constitutes a Search? A search occurs when the government invades an individual’s privacy. It is constitutionally unreasonable if: 1. The invasion infringes on an individual’s subjective expectation of privacy; and

What constitutes a Search? A search occurs when the government invades an individual’s privacy. It is constitutionally unreasonable if: 1. The invasion infringes on an individual’s subjective expectation of privacy; and 2. The expectation of privacy is one society recognizes as objectively reasonable.

Exclusionary Rule Definition:

Exclusionary Rule Definition: Evidence obtained by an unreasonable search and seizure will not be admissible in court.

Exclusionary Rule Definition: Evidence obtained by an unreasonable search and seizure will not be admissible in court. Weeks v. U.S. (1914) (established exclusionary rule.)

Exclusionary Rule Definition: Evidence obtained by an unreasonable search and seizure will not be admissible in court. Weeks v. U.S. (1914) (established exclusionary rule.) Mapp v. Ohio (1961) (exclusionary rule applicable to all courts.)

When can persons or motor vehicles be stopped? Based on probable cause (traffic or pedestrian violation);

When can persons or motor vehicles be stopped? Based on probable cause (traffic or pedestrian violation); When the officer has a reasonable articulable suspicion based on objective facts that a crime has occurred or is about to occur.

When can persons or motor vehicles be stopped? Based on probable cause (traffic or pedestrian violation); When the officer has a reasonable articulable suspicion based on objective facts that a crime has occurred or is about to occur. At a lawfully conducted sobriety checkpoint.

When can persons or motor vehicles be stopped? In connection with a lawfully conducted license/registration check.

When can persons or motor vehicles be stopped? In connection with a lawfully conducted license/registration check. Based on statutory authority to conduct a motor vehicle safety inspection.

The Supreme Court Has clearly stated that the stopping of a vehicle always implicates the 4 th Amendment standards that govern safety checks, DUI checks, traffic arrests, “terry” stops, arrests and searches.

The Supreme Court Has clearly stated that the stopping of a vehicle always implicates the 4 th Amendment standards that govern safety checks, DUI checks, traffic arrests, “terry” stops, arrests and searches The stopping of a vehicle constitutes a 4 th amendment seizure and requires a balancing of the public’s privacy interest against legitimate government interests to determine whether the seizure was reasonable.

Stop and Frisk Based upon 3 concepts:

Stop and Frisk Based upon 3 concepts: Pat down for weapons

Stop and Frisk Based upon 3 concepts: Pat down for weapons Based on reasonable grounds the suspect poses a danger;

Stop and Frisk Based upon 3 concepts: Pat down for weapons Based on reasonable grounds the suspect poses a danger; For protection of the officer.

Stop and Frisk Based upon 3 concepts: Pat down for weapons Based on reasonable grounds the suspect poses a danger; For protection of the officer. Terry v. Ohio (1968) (pat down frisk)

Incident to Arrest Protect the officer

Incident to Arrest Protect the officer Prevent escape or suicide

Incident to Arrest Protect the officer Prevent escape or suicide Prevent destruction of evidence.

Incident to Arrest Protect the officer Prevent escape or suicide Prevent destruction of evidence. N.Y. v. Belton

Probable Cause Probable Cause are the facts and circumstances that would warrant a person of average caution in believing that an offense has been or is being committed by the person you are arresting.

Plain View Doctrine In general the constitution protects an individual from ‘search and seizure’ but not from just the seizure.

Plain View Doctrine In general the constitution protects an individual from ‘search and seizure’ but not from just the seizure. A seizure without a search is not protected.

Plain View Doctrine In general the constitution protects an individual from ‘search and seizure’ but not from just the seizure. A seizure without a search is not protected. If the officer is lawfully present;

Plain View Doctrine In general the constitution protects an individual from ‘search and seizure’ but not from just the seizure. A seizure without a search is not protected. If the officer is lawfully present; Incriminating nature of the article must be immediately apparent.

Plain Feel During a pat down, an object may be seized if its incriminating nature is readily apparent by feeling it. The frisk or pat down must remain with the bounds of a permissible ‘terry ‘ stop.

Plain Feel During a pat down, an object may be seized if its incriminating nature is readily apparent by feeling it. The frisk or pat down must remain with the bounds of a permissible ‘terry ‘ stop. Utilized the same conditions as required of a plain view seizure.

Inventory Must be a “standard police procedure” allowed for the following reasons.

Inventory Must be a “standard police procedure” allowed for the following reasons. Protect personal property.

Inventory Must be a “standard police procedure” allowed for the following reasons. Protect personal property. Protect the public caretaker.

Inventory Must be a “standard police procedure” allowed for the following reasons. Protect personal property. Protect the public caretaker. Protect the law officer and law enforcement agency.

Inventory Must be a “standard police procedure” allowed for the following reasons. Protect personal property. Protect the public caretaker. Protect the law officer and law enforcement agency. Blue Ash v. Kavangh (2005) Narcotics dog

Consent Search Must be voluntary

Consent Search Must be voluntary Limited to the term of the waiver

Consent Search Must be voluntary Limited to the term of the waiver May be withdrawn at any time

Consent Search Must be voluntary Limited to the term of the waiver May be withdrawn at any time Consenter must have the capacity to grant consent.

Mapp vs. Ohio (1961) test

Terminology There are some terms that we will be mentioning that you should understand; Reasonable Suspicion is a suspicion that you can articulate that causes you to believe a person is committing a crime or is about to commit a crime, or has committed a crime. It’s less than Probable Cause but more than a hunch or a suspicion.

Precedents Many of the laws or “Precedents” are established from previous rulings and in fact become the basis for many of the Supreme Court rulings.

Legal Precedents Penn. v Mimms 1977/ Driver can be ordered from Vehicle. Maryland v Wilson / Passengers can be ordered from vehicle. Knowles v Iowa / Search Incident to arrest. NY v Belton 1981 / Approved searches of the passenger compartment of an arrestee vehicle or the occupants of a vehicle and all containers. Nev. v Hibble 2004/ Police can require names during legal stops. Terry v Ohio 1968/ stop & frisk.

5 th Amendment Due processDue process, double jeopardy, self-incrimination, private property.double jeopardy –No person shall be held to answer for any 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.

14 th Amendment Equal rights amendment Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.citizensprivileges or immunitiesdue processequal protection

Our Purpose Today We are going to complete some practical exercises or role plays that will hopefully help to explain how our laws work, how they are applied everyday, and how you are affected by the laws that were established by the Constitution, and how those laws are interpreted by our courts.