Unit 6 Seminar Rule of Law: Expounding the Constitution 4 th -5 th -6 th Amendments

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2 Unit 6 Assignments Unit 6 quiz Unit 6 discussion board – Miranda warnings Unit 6 quiz Have not finished grading unit 5 papers Deadlines and server down issue

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 Christmas Break Schedule Last day of class Dec 23 rd Break will start Dec 24 th thru Jan 2 nd Classes resume Jan 3 rd Unit 7 will end Jan 4 th Unit 8 will start Jan 5 th I will continue to monitor the class and during the break

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 4 Fourth Amendment Intended to limit overzealous behavior by the police Search and seizure Right to privacy versus society right to search

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 Probable Cause Standard for legal arrest More than a mere hunch yet less than actual knowledge Probable cause must exist before the arrest Totality of the circumstances Officer’s knowledge of the facts at time of arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 6 Fourth Amendment Exclusionary Rule All evidence obtained in violation of the Fourth Amendment be excluded from government’s use in a criminal trial Weeks v. United States (1914) “Silver Platter Doctrine” Olmstead v. United States (1928)

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Views of the Exclusionary Rule Two schools of thought 1. Crime control model 2. Due process model Current trend is toward the crime control model, which weakens the impact of the exclusionary rule

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 8 Arrests Writ of habeas corpus A writ requiring an incarcerated person to be brought before a judge for an investigation of the restraint of that person’s liberty The means of remedying wrongful arrest

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 9 Arrests With a warrant The best way for the police to effect an arrest is with a warrant Officer or person swears in a affidavit facts to establish probable cause A neutral magistrate issues the arrest warrant if he or she agrees that probable cause exists No exigent circumstances

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Arrests Warrantless Arrests Requires exigent circumstances – no time for a warrant with probable cause Court cases In a 1979 decision, the Court ruled that police may not randomly stop a single vehicle to check driver’s license and registration only without Vehicle violation

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 11 Arrests In 1990, the Court ruled that the stopping of all vehicles passing through sobriety checkpoints did not violate the Constitution Police are not required to give drunk- driving suspects Miranda warnings Police may arrest everyone in a vehicle in which drugs are found Road blocks to collect information about a crime allowed

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 Search and Seizure Knock and announce Announce the warrant before entering the premise or residence Unless exigent circumstances exist Not as they enter residence Handcuff of occupants for safety allowed Based on a valid warrant

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13 Search and Seizure Court upheld a search of a wrong apartment and also a warrantless search and seizure of garbage in bags outside the defendant’s home When is a person seized? Does person believe liberty is restrained? Freedom of movement and choice

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 Search and Seizure “Working the buses” Warrantless seizure of blood from a defendant to obtain evidence When police compelled a robbery suspect to submit to surgery to remove a bullet, the Court ruled that was an unreasonable intrusion Consent is key! Was it forced or free?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Search and Seizure Incident to lawful arrest Search allowed for valid arrest Reasonable under 4 th amendment Protective sweep of premise for safety Field interrogation Terry v. Ohio (1968) Detain without probable cause

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 Search and Seizure Minnesota v. Dickerson (1993) Sense of touch based on officer experiences Illinois v. Wardlow (2000) Running from police justifies search, under certain conditions Maryland v. Wilson (1997) Order passengers out of car Weighty interest in officer safety from passengers

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 Search and Seizure Plain view searches Searches with consent Schneckloth v. Bustamonte (1973) Can deny request for consent 2006 Supreme Court decision One occupant asserts rights while the other grants consent

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 Fifth Amendment Right against self-incrimination Does not include blood samples, handwriting and others not considered to be testimony Prevents torture and other means to obtain confession Miranda v. Arizona (1966) Once arrested, warnings must be given before interrogation We can continue Miranda discussion on unit 6 discussion board

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 19 Sixth Amendment Right to counsel Powell v. Alabama (1932) Gideon v. Wainwright (1963) Argersinger v. Hamlin (1973) Escobedo v. Illinois (1964) What constitutes an interrogation?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved th Amendment Speedy and public trial Impartial jury of the state Informed of all charges Confront witnesses Right to counsel Gideon v Wainwright

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 21 Goodnight Remember to post early responses to discussion board Review grade report for missing assignments Complete unit 6 quiz Submit 200 word paper for missed seminars AIM jminella124