Chapter Eight Rule of Law: Expounding the Constitution

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 2 Fourth Amendment Intended to limit overzealous behavior by the police Search and seizure Probable Cause Standard for legal arrest More than a mere hunch yet less than actual knowledge

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 3 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. 4 Fourth Amendment Mapp v. Ohio (1961) Modifications of the Exclusionary Rule 1984 Supreme Court decisions “Public safety exception” “Inevitable discovery exception” “Good faith exception”

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 5 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. 6 Must Students “Shed Their Constitutional Rights at the Schoolhouse Gate?” Do students in public institutions enjoy Fourth Amendment privileges? Students have a legitimate expectation of privacy while attending school But schools need to maintain a safe and secure learning environment

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 7 Must Students “Shed Their Constitutional Rights at the Schoolhouse Gate?” Searches by officials in schools, the standard is reasonable suspicion Police officers are still held to a stricter Fourth Amendment standard Tinker v. Des Moines Independent Community School District (1969)

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 A neutral magistrate issues the arrest warrant if he or she agrees that probable cause exists

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 10 Arrests Warrantless Arrests Requires exigent circumstances 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

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

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 12 “The Unkindest Cut”: Islam’s Rule of Law Islamic countries have the harshest criminal code in the world Most strict in Saudi Arabia Sharia is the fundamental code in Saudi Arabia

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 13 “The Unkindest Cut”: Islam’s Rule of Law Three categories of crimes 1. Hudad crimes 2. Quesas and Diyya crimes 3. Tazir crimes For the crime of theft, even first offense, the penalty may be the amputation of the left hand at the wrist Penalty for consuming alcohol may be 80 lashes

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 14 “The Unkindest Cut”: Islam’s Rule of Law A woman who engages in adultery is subject to flogging or burial to the waist in a pit and stoning may follow Public executions are commonplace The public, including women and children, gather to watch The crowd usually applauds afterward

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 15 Search and Seizure Knock and announce Wilson v. Arkansas (1995) 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?

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 16 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

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 17 Search and Seizure Five types of searches without a warrant 1. Incident to lawful arrest 2. Field interrogation (stop-and-frisk) 3. Automobiles 4. Plain view 5. Consent

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 18 Search and Seizure Incident to lawful arrest United States v. Robinson (1973) Chimel v. California (1969) Protective sweep 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. 19 Search and Seizure Minnesota v. Dickerson (1993) Sense of touch Illinois v. Wardlow (2000) Running from police justifies search Maryland v. Wilson (1997) Order passengers out of car

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 20 Search and Seizure Automobile searches Probable cause Carroll v. United States (1925) Preston v. United States (1964) Harris v. United States (1968) Illinois v. Caballes (2005) Drug-sniffing dog

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 21 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. 22 Electronic Surveillance Olmstead v. United States (1928) Katz v. United States (1967) Overruled Olmstead Cannot have warrantless monitoring of an electronic beeper in a private residence

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 23 Lineups Accused has the right to have an attorney present However, no right if not formally charged Suggestive lineups violate due process Lineups must be fair to suspects Can be compelled to appear before a grand jury

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 24 Fifth Amendment Right against self-incrimination Escobedo v. Illinois (1964) Miranda v. Arizona (1966) Once arrested, warnings must be given before interrogation No need for routine traffic stops

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 25 Fifth Amendment Decisions eroding Miranda Second interrogation after suspect refused to make a statement does not violate Miranda Voluntary statements while irrational Rights do not have to be given verbatim Ambiguous request for counsel

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 26 Fifth Amendment Entrapment “Fundamental fairness” Cannot induce or encourage a person to commit a crime Focus on the conduct of the defendant, not the government

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 27 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. 28 Juvenile Rights Parens Patriae The state is the ultimate parent In Loco Parentis The state will act in the place of the parent In Re – “concerning” or “in the matter of”

Policing America, 6 th edition Kenneth Peak © 2009 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 29 Juvenile Rights Kent v. United States (1966) In Re Gault (1967) In Re Winship (1970) McKeiver v. Pennsylvania (1971) Breed v. Jones (1975) Roper v. Simmons (2005)