Search and Seizure The Fourth Amendment

Unit 5 Wrap Up Midterm Essay Exam Midterm Essay Exam Any questions? Any questions? Grades should be completed by Sunday Night Grades should be completed by Sunday Night Please let me know if you are having any problems at this point in the course. Please let me know if you are having any problems at this point in the course.

Unit 6 Assignments Read Chapter 9 Read Chapter 9 View the Judges Panel Video View the Judges Panel Video Discussion Board Discussion Board Project Project

Unit 6 Project Identify police practices as they relate to the Fourth Amendment. Identify police practices as they relate to the Fourth Amendment. Search Search Seizure Seizure Discuss the police practice, ethical concerns that may arise from the practice, perspectives from both inside and outside the field of criminal justice.

Unit 6 Project Use Examples to Support your Discussion Use Examples to Support your Discussion Racial profiling Racial profiling Consent Searches Consent Searches Police Deception Police Deception Talk about both sides of the issue. 3-5 pages, proper citation format and cover page.

Fourth Amendment 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 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 Power to Search and Arrest The Government derives this power from the Tenth Amendment which states: The Government derives this power from the Tenth Amendment which states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.” So, state legislatures can decide police powers unless prohibited by the Constitution.

The Power to Search and Arrest Stop versus Arrest Stop versus Arrest Remember that a stop is not necessarily and arrest. Remember that a stop is not necessarily and arrest. The police at times can detain a person even though they do not have probable cause. The police at times can detain a person even though they do not have probable cause. Terry v. Ohio, the Terry Stop case describes this power. Terry v. Ohio, the Terry Stop case describes this power. However, the police cannot simply stop anyone: What do they need? However, the police cannot simply stop anyone: What do they need?

The Power to Search and Arrest Did the officer have a reasonable suspicion? Did the officer have a reasonable suspicion? How do Courts determine this? How do Courts determine this? Although the standard is less than the reasonable belief of probable cause, it must be more than a mere hunch or even a general suspicion and cannot be a “fishing expedition” based on a whim or a “gut feeling things were really wrong” (United States v. Pavelski, 1986).

The Power to Search and Arrest How long a stop may last depends on factors that indicate the suspect was not detained an unreasonably long time, including the purpose of the stop and the time and means the investigation required.

The Power to Search and Arrest Traffic Stops Traffic Stops Account for the vast majority of interaction with the public and police officers. Account for the vast majority of interaction with the public and police officers. The police cannot just stop any car they want. The police cannot just stop any car they want. What do police need to stop a car? What do police need to stop a car?

The Power to Search and Arrest Delawarev. Prouse (1979) established that:... except in those situations in which there is at least clear articulable, reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile areunreasonable under the Fourth Amendment.

The Power to Search and Arrest What about Arizona’s new immigrant law. Time for a web field trip. Everyone take five minutes to read this article and to read the law here: What about Arizona’s new immigrant law. Time for a web field trip. Everyone take five minutes to read this article and to read the law here: bama.immigration/index.html bama.immigration/index.html

What does the law have to do with the Fourth Amendment? What does the law have to do with the Fourth Amendment? Can police stop people based on this law? Can police stop people based on this law? Does a belief that someone is illegal justify a stop? Does a belief that someone is illegal justify a stop? In a car? In a car? On foot? On foot?

Arizona’s Law A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS ORRESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW. 20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCYOF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO ISUNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THEPERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

Arizona’s Law What does it mean in context of the Fourth Amendment? What does it mean in context of the Fourth Amendment? How do you think the Courts will handle the issue? How do you think the Courts will handle the issue?

Stops without Suspicion In most cases, the police cannot stop you with a reasonable suspicion to do so. In most cases, the police cannot stop you with a reasonable suspicion to do so. However, in certain situations the police are permitted to stop and briefly detain without this requirement. However, in certain situations the police are permitted to stop and briefly detain without this requirement. Why would the Courts allow exceptions? Why would the Courts allow exceptions?

Stops without Suspicion Can you think of any situations where security necessitates the suspension of the Constitution? Can you think of any situations where security necessitates the suspension of the Constitution?

Stops without Suspicion Can you think of any situations where security necessitates the suspension of the Constitution? Can you think of any situations where security necessitates the suspension of the Constitution? Roadside safety checks? Roadside safety checks? Border Security? Border Security?

“Court decisions indicate that the Fourth Amendment is applied differently at immigration borders or their equivalents, such as international airports that are places of entry to the country. Foreigners seeking entry for the first time into the United States hardly have any Fourth Amendment rights at the border itself.

checkpoints at or near international borders need no justification to stop all vehicles to check for illegal entrants into the United States. The Supreme Court has held that the government’s compelling interest in protecting the nation’s borders alone justifies stopping any vehicle or individual, but stops may not be done on the basis of ethnicity, religion or the like.

In United States v. Brignoni-Ponce (1975), however, the Court stated that border patrol officers could detain and question, as opposed to actually searching, people in a car if reasonable suspicion existed, adding that within 100 miles of an international border, reasonable suspicion was all that was needed (but that merely “looking Mexican” was insufficient cause). If the stop based on reasonable suspicion produced the probable cause for a warrant, any evidence would be admissible.

When has an arrest occurred? An arrest has occurred when a reasonable person believes he or she is not free to leave. Why is this important? In practice, what does this mean?

“The tricky part is where you ‘bring him in for questioning.’ If that takes on the appearance of an arrest without probable cause—even though you don’t inform the suspect he’s under arrest, and even though you don’t personally consider him to be under arrest—the courts will likely find that you’ve made an illegal de facto arrest and suppress all the evidence you get.”

Courts, again look to the totality of the circumstances. Courts, again look to the totality of the circumstances.

Use of Force By law, the police have the authority to use force if necessary to make an arrest, keep the peace, or maintain public order” (Cole and Smith, 2007, p. 272). The main question is what is necessary?

Graham v. Connor (1989). The facts of this case were that Graham, who was diabetic and in need of orange juice to offset a diabetic reaction, had a friend drive him to a store. Because of the long line, he instead rushed back to the car to have his friend take him home. Officers who observed him thought his behavior suspicious and stopped them. In the ensuing interaction with police during which the officers said he would not explain his behavior, Graham alleged he sustained multiple injures at the hands of the policeand sued.

In holding for the police and rejecting Graham’s complaint, the Court replaced the “substantive due process test” of whether the officer acted “in good faith” or “maliciously and sadistically” with a new test: “objective reasonableness.” The Court held: “The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.” The reasonableness of force used must be judged “from the perspective of the officer on the scene rather than with the 20/20 vision of hindsight.”

When making an arrest, police officers can use only as much force as is needed to overcome resistance. If the suspect does not resist arrest, no force can be used. Excessive force may cause the officer to be sued. Use of deadly force is restricted to cases of self-defense or to save the life of another.

Unit 6 Assignments Read Chapter 9 Read Chapter 9 View the Judges Panel Video View the Judges Panel Video Discussion Board Discussion Board Project Project