Questioning, Searches, And Arrests Objective: Don’t be in the wrong place at the wrong time!!

I. Arrests (seizures) Arrests may be conducted: With a warrant upon “probable cause”-4th amendment Without a warrant in emergencies-”hot pursuit”- WHEN CAN SEARCHES BE CONDUCTED 6/15/2018

II. Searches: may be conducted: With a warrant -probable cause Must be specific Without a warrant: “Automobile exception”- Terry exception - (Terry v. Ohio, 1968) Lawful arrest Suspect gives consent Evidenceplain view (Gonzaga) Schools can impose random drug tests on students in extracurricular activities (Board of Education v. Earls, 2002-Oklahoma) 6/15/2018

II. Conducting searches Exclusionary rule: Mapp v. Ohio, 1961 “Fruit of the Poisonous Tree” 4th amendment CANNOT BE USED: “Inevitable discovery” of the evidence “Good faith” assumption that a warrant was valid 6/15/2018

II. Conducting searches Patriot Act, 2002: Combat terrorism (2006-domestic terrorists) FBI, CIA greater powers to: Wiretap phones Monitor email Conduct searches w/o prior notification Fed. Govt.deport/detain noncitizens w/o judicial appeal Federal Govt. VS 4th Amendment 6/15/2018

III. Protection against self incrimination 5th amendment Innocent until proven guilty Cannot be invoked when prosecutors grant immunity IV. Police Questioning Miranda v. Arizona, 1966…Miranda Warnings 6/15/2018

Miranda Warnings MIRANDA WARNINGS YOU HAVE THE RIGHT TO REMAIN SILENT ANYTHING YOU SAY CAN BE USED AGAINST YOU IN THE COURT OF LAW YOU HAVE THE RIGHT AT THIS TIME TO TALK TO A LAWYER AND HAVE HIM/HER PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL BE APPOINTED TO REPRESENT YOU BEFORE QUESTIONING, IF YOU WISH YOU CAN DECIDE AT ANY TIME TO EXERCISE THESE RIGHTS AND NOT ANSWER ANY QUESTIONS OR MAKE ANY STATEMENTS 6/15/2018

V. Other constitutional guarantees Habeas Corpus- “present the body” Ex post facto law- “after the fact” Bill of attainder Cannot punish a person without benefit of trial(Due Process) May not be passed by Congress 6/15/2018

Definition of Probable Cause Probable cause" means that the officer must possess sufficiently trustworthy facts to believe that a crime has been committed. In some cases, an officer may need only a reasonable suspicion of criminal activity to conduct a limited search (Terry Stop). Reasonable suspicion means that the officer has sufficient knowledge to believe that criminal activity is at hand. This level of knowledge is less than that of probable cause, so reasonable suspicion is usually used to justify a brief frisk in a public area or a traffic stop at roadside. To possess either probable cause or reasonable suspicion, an officer must be able to cite specific articulable facts to warrant the intrusion. Items related to suspected criminal activity found in a search may be taken, or seized, by the officer. And if I make contact with a subject and don’t have any of those articulable facts to justify the Terry Stop, then it is merely a social contact and the subject is free to leave at any time and not answer any of my questions. Officers have had issues with these social contacts when their actions have constituted a seizure of the person, such as the use of overhead lights making the subject feel they were not free to leave. OFFICER COONEY 6/15/2018

6/15/2018