Criminal Law: Constitutional Issues 4th, 5th, 6th, & 8th Amendments

Criminal Procedure Certain Amendments are focused on providing protection to people who have been arrested and charged with a crime. 4th Amendment – protects against unreasonable searches and seizures 5th Amendment – double jeopardy, self-incrimination, due process 6th Amendment – right to speedy trial, Confrontation Clause 8th Amendment – Right against cruel and unusual punishment

Criminal Procedure What happens if one of these amendments is violated? Can be grounds for dismissal of the charges Can mean that the evidence obtained in violation of the amendment cannot be used Police have to be aware of these rules when gathering evidence

4th Amendment

4th Amendment: Arrests Arrest = a person suspected of a crime is taken into custody. It is a seizure. 4th Amendment requires a seizure to be reasonable 2 ways to be taken into custody: With an arrest warrant issued by a judge Without an arrest warrant if there is probable cause

4th Amendment: Arrests Arrest Someone who is taken into custody under circumstances in which a reasonable person would not feel free to leave Ex: If you are placed in handcuffs and placed in the squad car, you’re under arrest Ex: If police ask you to come downtown to the station so they can ask you questions, you aren’t under arrest

4th Amendment: Arrests Arrest Warrant – Court order commanding that the person named in it be taken into custody. Will be issued on the basis of probable cause. Probable Cause – having a reasonable belief that a specific person committed a crime. You don’t have to be sure yet!

4th Amendment: Arrests Probable Cause No exact formula for determining whether it exists Often, police use their own judgment, but should be more than mere suspicion Ex: Police officer hears over the radio that a crime was committed by a 5’11 man wearing a red hoodie. Someone matching the description runs by. This is probable cause to arrest him.

4th Amendment: Arrests Probable Cause Can be based on outside information Statement of victim or witness Informant’s tip IF the informant is reliable Can police corroborate (confirm the information)? Can perform a stop and frisk Limited pat down of person’s outer clothing to remove any weapons

4th Amendment: Search and Seizure Right to be free from unreasonable search and seizures conducted by the government Usually need a search warrant to search someone’s home Courts consider – Did you have a reasonable expectation of privacy?

4th Amendment: Search and Seizure Ex: Rocco steals video games to play with his friend, Eric, and hides them under his bed. Police most likely cannot search without a warrant because Rocco has a reasonable expectation of privacy (REOP) in items in his home, especially in his room.

4th Amendment: Search and Seizure Ex: Amber steals Julia’s ATM card and withdraws large amounts of money from Julia’s account. Amber throws the receipts from the withdrawals in the garbage and places the garbage at the curb for pick-up. Police find the receipts when going through the garbage bag. No REOP because the garbage was placed out on the curb.

4th Amendment: Search and Seizure Ex: Jason commits murder and asks Mitch to hide the weapon in his car. Police search the car and find the weapon. Jason challenges the search. Jason loses. No REOP in someone else’s home or car.

4th Amendment: Search and Seizure What happens when police find evidence as a result of a search that was illegal? Exclusionary Rule: Excluded from being used in court It’s considered “fruit of the poisonous tree.”

4th Amendment: Search and Seizure Procedure – Police must properly execute a warrant. Knock Announce their presence. Can only search those areas specified in the warrant. BUT – they may seize anything in “PLAIN VIEW”

4th Amendment: Search and Seizure Ex: Police have a warrant to search Davin’s home for a stolen 55” TV. They cannot go through drawers that would be too small to hold the TV. BUT – If they find drug paraphernalia sitting on his dining room table while searching, IN PLAIN VIEW, they may seize it.

4th Amendment: Search and Seizure When can police search without a warrant? Search Incident to a Lawful Arrest – search the person and the area immediately around him for weapons. Stop and Frisk – Someone acting suspiciously can be searched for weapons. Also may seize drugs if it’s clear that the object feels like illegal drugs.

4th Amendment: Search and Seizure When can police search without a warrant? Consent – A person voluntarily agrees to be searched Parent’s can agree to searches of child’s property if minor. Border/Airport Searches – Customs agents can search without warrants or probable cause

4th Amendment: Search and Seizure When can police search without a warrant? Vehicle Searches – Based on probable cause that the vehicle contains contraband. Can search the entire vehicle as well as any containers in the vehicle. Plain View – If the object can be plainly seen and the officer is in a place where he has the right to be Ex: At a traffic stop, officer sees drugs lying on the seat next to the driver

4th Amendment: Search and Seizure When can police search without a warrant? “Hot Pursuit” – Police are in urgent or immediate pursuit of a suspect and he enters a building. Ex: Officer Bob sees Marvin rob a bank and run out with the cash. Bob chases Marvin down the street and Marvin runs into his house, three blocks away. Bob may follow Marvin into his house without a warrant.

4th Amendment: Search and Seizure When can police search without a warrant? Emergency Situations – Police trying to prevent a dangerous situation but they don’t have time to contact a judge and have a warrant issued. Also applies when a suspect is about to destroy evidence. Ex: Searching a building after receiving a bomb threat

4th Amendment: Searches in Public Schools Supreme Court Case: New Jersey v. TLO (1985) Principal suspected student of violating school rule against smoking Searched her purse and found evidence of marijuana use Student argued that this was a violation of her expectation to privacy in her purse

4th Amendment: Searches in Public Schools Supreme Court Case: New Jersey v. TLO In order to search student, school needs to have REASONABLE SUSPICION, not PROBABLE CAUSE MUCH lower standard Suspect student is violating either the law or school rules Students do no have a reasonable expectation to privacy in their lockers

5th Amendment

5th Amendment: Interrogations Interrogate = To question a witness or suspected criminal Police must follow certain rules Self-Incrimination = Giving evidence or answering questions that would tend to subject one to criminal prosecution Right to remain silent, not testify at trial Why? Government bears burden of proof. Defendant does not have to make their case for them

5th Amendment: Interrogations Escobedo v. Illinois (1964) – voluntary confession is inadmissible if given after the defendant asked for, and was denied, the opportunity to speak with his attorney. Miranda v. Arizona (1966) – If police want to obtain statements that will be used at trial, they must inform the defendant of his rights against self-incrimination before questioning begins Exception – Questions relating to public safety

5th Amendment: Double Jeopardy Double Jeopardy – A defendant cannot be prosecuted more than once for the same crime This applies whether the defendant has been acquitted or convicted Does not apply if there is a mistrial – A trial which is terminated before its normal conclusion Hung Jury Statements which would prejudice a jury Some procedural errors

6th Amendment

6th Amendment: Speedy Trial Constitution doesn’t define speedy trial. Some states have set time limits PA – One year if defendant isn’t in custody, 180 days if defendant is in custody This can be waived, or given up, by the defendant Why? Need time to prepare case, find evidence, locate witnesses, etc. Cannot be waived by the state

6th Amendment: Confrontation Clause Defendant has the right to face accuser and witnesses Includes right to cross-examine them and ask questions at trial Defendant has the right to be present in the court room during all trial proceedings Exception – Defendant is acting in a disruptive or disorderly manner

8th Amendment

8th Amendment: Cruel and Unusual Punishment Defendant cannot be sentenced to what amounts to cruel and unusual punishment Severe punishments cannot be unnecessary Ex: Cannot sentence someone to life in prison for shoplifting Punishments must be accepted by society as a whole Controversy – DEATH PENALTY

8th Amendment: Cruel and Unusual Punishment Death Penalty is very controversial Outlawed by some states as unconstitutional Can only be used in cases of murder In recent years, could be used in cases of rape Also depends on HOW the execution is carried out Recently, lethal injections have come under scrutiny. What drugs are used? Does it cause pain? How often does it fail to work on the first try?