Police Powers Notes

Important Amendments and Rights

Due Process of Law 5th Amendment- guarantees individuals the right to due process of law before life, liberty, or can be taken away

Due Process of Law 14th Amendment Forces the states to follow federal guidelines regarding due process of law Equal Protection Clause- part of the Constitution that prohibits states from denying equal protection of the laws to all people

The Right to Keep and Bear Arms (2nd Amendment) This right was originally intended to guarantee states the right to keep a militia According to the Supreme Court, the right to own a gun is an individual right as long as for self-defense

The Right to Keep and Bear Arms (2nd Amendment) However, the government is still able to ban certain weapons, impose conditions and qualifications for owning weapons, as well as other restrictive measures on who can own a gun.

Protection Against Cruel and Unusual Punishment (8th Amendment) Intent: to prevent torture and unnecessary cruelty Death Penalty is not cruel and unusual if handled in the following way: Death Penalty cannot be mandatory by state law Judges are not allowed to determine who is to be executed. Jury must decide on death penalty

Protection Against Cruel and Unusual Punishment (8th Amendment)

Protection Against Cruel and Unusual Punishment (8th Amendment)

No Excessive Bail or Fines (8th Amendment) Bail- money posted to guarantee the accused will return for trial. Money returned when accused appears in court. Fines- money charged in punishment for a person convicted of a crime Bail and fine must match the crime

Protection Against Illegal Search and Seizure (4th Amendment) Police must follow Procedural Due Process Search Warrants must contain: Item to be searched for Person or premises to be searched Why the search is necessary Probable cause- why police think item is there. This is determine by a judge

Protection Against Illegal Search and Seizure (4th Amendment) Exclusionary Rule- evidence obtained during an illegal search can be excluded from trial

Protection Against Illegal Search and Seizure (4th Amendment) Exceptions to the Exclusionary Rule Police would have found it legally later on. Police thought they had the correct address Evidence was illegally obtained in your case but we going to use it in someone else's case

Protection Against Illegal Search and Seizure (4th Amendment) A search warrant is not required when: The item is in plain view The officer is in “hot pursuit” of a known or suspected felon A life threatening situation seems to exist The place to be searched is easily movable (planes, boats, automobiles) The border

Protection Against Illegal Search and Seizure (4th Amendment) Schools are allowed reasonable searches of student lockers, backpacks, and vehicles on school property if student is suspected of breaking the rules or law

Protection Against Illegal Search and Seizure (4th Amendment) An officer can complete a sweep of the immediate area when making an in-home arrest to protect himself Any illegal items found in this sweep can be used against the accused in court

Constitutional Mandates

Right to Writ of Habeas Corpus (Article 1 Sec. 9 Clause 2) Writ of Habeas Corpus- an order from the court directing an officer to bring an arrested person before a judge. The accused will then be charged with a crime or released The writ can only be suspended in cases of rebellion or invasion Writ must be issued within 24 hours of arrest otherwise the person must be released

Protection Against Bills of Attainder (Article 1 Sec. 9 Clause 3) Bill of Attainder- legislative act (laws) that inflict punishment without conviction within a court a law. Legislatures can not determine guilt Protects a person’s right to trial by jury

Protection Against Ex Post Facto Laws (Article 1 Sec. 9 Clause 3) An Ex Post Facto Law exists if a law: Deals with a criminal matter (not civil) Works to the disadvantage of an accused person Is retroactive (is applied to the past) Civil Laws can be back dated Example: tax laws

Important Court Cases

Miranda v. Arizona (1966) Miranda is arrested and interrogated. After two hours Miranda confesses to kidnapping and rape. He is convicted. Miranda claimed that he did not know his rights therefore the confession was inadmissible. Supreme Court ruled that all suspects must be informed of their constitutional rights.

Weeks v. United States (1913) Police search Weeks home without a search warrant Supreme Court rules that evidence obtained illegally cannot be used in court Sets standard for Exclusionary Rule

Mapp v. Ohio (1961) Ohio police illegally searched Mapp’s house and Mapp was convicted of possession of obscene materials Supreme Court ruled that state and local governments have to follow the rules under the Bill of Rights Exclusionary Rule and the 14th Amendment

Carroll v. United States (1925) Supreme Court ruled that the police may search a car without a warrant as long as there is probable cause. Since cars are easily movable, obtaining a search warrant is impracticable

Ross v. United States (1982) The Supreme Court ruled that warrantless searches of an automobile extends to closed containers found in the vehicle, specifially in the trunk

Katz v. United States (1967) Police place a listening device outside public phone booth used by Katz. No search warrant is obtained Katz is convicted of illegal transmission of wagering information Supreme Court rules that the “4th Amendment protects people not places”

Nix v. Williams (1984) The Supreme Court ruled that evidence obtained in an illegal search may be used if the evidence would have been eventually discovered Inevitable discovery doctrine

New Jersey v. TLO (1985) 14 year old girl was suspected of smoking in the girls bathroom. The principal questioned he and searched he purse where he found marijuana and other drug paraphernalia Girl claimed search violated 4th and 14th Amendments Supreme Court ruled that schools may have a less strict standard of reasonableness for searches

Florida v. J.L. (2000) Police receive an anonymous tip about a black male wearing a plaid shirt was standing near a bus stop carrying a gun. Police find 15 year old matching description with concealed weapon and arrest him. J.L. claimed the search violated his 4th Amendment right and was an unreasonable search

Florida v. J.L. (2000) Supreme Court ruled that anonymous tips are not enough evidence to give probable cause for a search

Kyllo v. United States (2001) Police suspected Kyllo of growing marijuana. Police used thermal-imaging device to scan for indoor marijuana growth. Search revealed hot shots. Search warrant is obtained. Supreme Court ruled that using thermal- imaging scan constituted a search and therefore unconstitutional without a warrant/

Stack v. Boyle (1951) Deals with the 8th Amendment and excessive bail The Supreme Court ruled that bail cannot be set higher than an amount that is reasonably likely to ensure the defendant’s presence at trial

Wilkerson v. Utah (1879) Wilkerson sentenced to death by firing squad. He claimed that death by firing squad violated the 8th Amendment Supreme Court ruled that firing squad not cruel and unusual punishment Cruel and Unusual defined as circumstances that bring about terror, pain, or disgrace beyond the act of execution

United States v Miller (1985)