The police may search a lawfully arrested person and the area immediately around them for concealed weapons without a warrant. A police officer who thinks a person is behaving suspiciously and likely to be armed may stop and frisk the person for weapons. If the person agrees, they may be searched without a warrant AND without probable cause.
If an object connected with a crime is in plain view of an officer, it may be seized without a warrant. Police in hot pursuit of a suspect are not required to get a search warrant before entering a building they see the suspect enter. An officer with probable cause may conduct a search of an entire vehicle and any containers in it without a warrant.
If the police receive a telephoned bomb threat they may enter a building without a warrant. Customs agents may search without warrants AND without probable cause whenever they want. Need any repeated? Count up T’s and F’s – SCORE TIME! Let’s Discuss!
Yeah!
Arrest – when a suspect is taken into custody; either based on a warrant or simply on probable cause Custody – a situation involving detention where a reasonable person would not feel free to leave
Probable Cause – Reasonable belief, based on some factual info, that a crime has been or is being committed Warrant – A Court order, based on probable cause, detailing a specific person to be detained (arrest warrant), or describing specific criteria for a search (search warrant) Exclusionary Rule – rule of law that excludes any illegally obtained evidence from court, no matter how damning the evidence is
“Knock and Announce” – generally, even with a warrant, police are required to knock and announce their presence. There are most definitely exceptions to this rule Profiling – Inappropriate use of characteristics like race or age in determining who may or may not have committed a crime
Interview – questioning a person who may have pertinent information, but is not a suspect Interrogation – questioning of an accused suspect about a crime
Protects from unreasonable search and seizure Creates warrant requirement
Grand Jury Indictment Double-Jeopardy protection Can’t be “deprived of life, liberty, or property, without due process of law” Protection from Self-Incrimination
Speedy, Public trial Jury of peers (as impartial as possible) Confront witnesses against you Compel witnesses for you Assistance of Counsel
No excessive bail/fines No cruel and unusual punishment