Police and the Rule of Law Chapter 6 Introduction to Criminal Justice 2003: A Microsoft® PowerPoint® Tool Slides prepared by: Larry Bassi SUNY Brockport © 2002 Wadsworth Publishing Co.

Fourth Amendment to the U.S. Constitution 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 search, and the persons or things to be seized..

Search Warrant The search warrant is the acknowledgment by a judge that probable cause exists for law enforcement officers to search for or take a person or property. In other words, the search and seizure must be “reasonable.”

Reasonableness Probable Cause Amount of facts required to lead an officer to believe that a crime was committed, is being committed, or is about to be committed, and that the person arrested is responsible.

Reasonableness Articulable facts and circumstances Precise and specific basis for government action sufficient for a judge to weigh their contents and make an independent decision.

Reasonableness Direct Information Objective basis for searches and seizures grounded on the first-hand knowledge of officers.

Reasonableness Hearsay Objective basis for searches and seizures grounded on knowledge of facts or circumstances that officers learn from someone else.

Search Warrants, Hearsay and Informants The police must prove to a judge that, considering the “totality of the circumstances,” an informant has relevant and factual knowledge that a fair probability exists that evidence of a crime will be found in a certain place.

Constitution, that excludes illegally seized evidence Exclusionary Rule A rule created by the Supreme Court, not the Constitution, that excludes illegally seized evidence from court proceedings.

The Exclusionary Rule: Significant Cases Weeks v. United States - established the exclusionary rule for the federal court. Wolf v. Colorado - warned states that the exclusionary rule may apply to them. Mapp v. Ohio - exclusionary rule applies to state court actions.

Fruit of the Poisoned Tree Evidence that is acquired through the use of illegally obtained evidence is therefore inadmissible in court (if the tree is poisoned, then so is its fruit)

Criticisms of the Exclusionary Rule ! Has allowed guilty to go free Has had no direct impact on police practices Has not controlled police harassment

What Should Be Done To Change the Exclusionary Rule? Limit its use to substantial violations by the police - not good faith errors Strengthen internal police controls Allow criminal and/or civil prosecutions against police who violate the rules

New Cases Weaken the Exclusionary Rule Slide #1 Illinois v. Gates - anonymous letter establishes probable cause for search warrant United States v. Leon - good faith exception based on magistrate-issued warrant Illinois v. Krull - good faith exception okay if based on a state statute

New Cases Weaken the Exclusionary Rule Slide #2 Inevitable Discovery Rule - evidence that would have been eventually found in the same condition Arizona v. Youngblood - mistaken loss of exculpating evidence not a violation of rights Arizona v. Evans - good faith reliance on apparently valid warrant is admissible

Stop and Frisk Less than a full blown search. Used to investigate suspicious persons and circumstances without making an arrest.

Stop and Frisk or Threshold Inquiries Terry v. Ohio findings: may stop and search in a limited manner suspicious behavior is required may not be used to harass may not be used to conduct exploratory searches

Three Constitutional Questions About Arrests What is the constitutional definition of arrest? If an arrest is a seizure, when is an arrest an “unreasonable” seizure? If the arrest is an unreasonable seizure, what are the remedies for violations of constitutional rights?

Example of an Arrest Warrant

What Is an Arrest? When the officer believes that sufficient legal evidence exists that a crime has been or is being committed and intends to restrain the suspect The officer deprives the individuals of his or her freedom Suspect believes he or she is in custody and cannot voluntarily leave

Reasonableness of Arrest The reasonableness of an arrest depends on: The objective basis for it. manner of execution.

Searches The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement (without a lawful warrant). Earl of Chatham, about 1764

Searches With Warrants Reasonableness depends on: Particularity Probable Cause Affidavit

Probable Cause to Search Amount of facts and circumstances that would lead a reasonable officer to believe that the places or persons searched will yield the items or persons named in the search warrant.

Searches With Warrants Specific degree to which a warrant describes the places and persons to be searched, and things or persons to be seized. Particularity of the Warrant

Searches With Warrants Affidavit A sworn statement accompanying a warrant that includes the list of facts and circumstances supporting the search or seizure. Affidavit

Example of a Search Warrant

Items That Can Be Seized With A Search Warrant Items that resulted from the crime Items that are inherently illegal for anyone to possess Items that can be called “evidence” of the crime Items used in committing the crime

Warrantless Searches Warrantless searches must pass the balancing test of reasonableness. Some kinds of warrantless search are: Searches accompanying arrests Search of vehicles Plain-view searches Consent searches Stops and frisks

Balancing Test of Reasonableness A test of reasonableness in which courts look at the facts of each case in order to balance the interests of the government in enforcing the criminal law and of individuals in maintaining their privacy.

Warrantless Searches: Incident to Lawful Arrest Legality of this type of search almost always relates to the legality of the arrest. If the arrest is found invalid, then any warrantless search made incident to it would be considered illegal and the evidence obtained would be excluded in court.

Consent Searches Search made without probable cause or a To claim your rights you must assert them! Search made without probable cause or a a warrant that is agreed to by the person being searched.

Warrantless Searches of Automobile Must be based on the legal standard of probable cause that a crime related to the automobile has been or is being committed. Police who undertake the search of a vehicle must have reason to believe that it contains evidence pertaining to the crime.

Plain View Searches The right to search and seize what officers can discover by the use of their ordinary senses.

Electronic Surveillance The basic principles of law about electronic surveillance is that wiretapping and other devices that violate privacy are contrary to the Fourth Amendment. As a result of technology, such devices probably pose a greater threat to personal privacy than physical searches. Only narrow exceptions have been permitted by the U.S. Supreme Court.

Miranda v. Arizona (1966) 5th You have the right to remain silent. If you decide to make a statement, the statement can and will be used against you in a court of law. You have the right to have an attorney present at the time of the interrogation, or you will have an opportunity to consult with an attorney. If you cannot afford an attorney, one will be appointed for you by the state.

Constitutional and Ethical Questions About Interrogations When do suspects get their rights against self-incrimination? What is an interrogation? How does one waive his/her right against self-incrimination? When, and how long, can a police officer question someone without advising him or her of their rights? What is a voluntary confession?

Voluntary Confessions A confession is compelled under the voluntariness test if all of the circumstances in the case demonstrate: Coercive actions by the police or others who conduct the interrogation. A causal link between the coercive actions and the incriminating admissions and confessions.

The Effects of Miranda 1. Little effect on number of confessions and convictions. 2. Forced the police to use investigative techniques other than confessions.

Working around Miranda

Identification Procedures Photo Arrays are based on witnesses viewing photographs of possible suspects.

Identification Procedures Showups identify a suspect without other possible suspects present.

Identification Procedures Lineups Identification procedure in which witnesses try to identify a suspect in a line of similar individuals.

Racial Profiling Racial profiling occurs when a police action is initiated by the race, ethnicity, or national origin of the suspect, rather than any evidence or information that the suspect has broken the law.