1. CJ305 UNIT 7 Instructor: K. Austin Zimmer, J.D. Make sure you adjust your speakers and audio settings on your computer so you can hear the music.

2. Any questions? Unit 6 Unit7

3. Exclusionary Rule What is it??

4. The exclusionary rule is: The rule that provides that illegally obtained evidence cannot be used at trial. It involves violations of the:

5. 4 th 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.

6. 4th Amendment involves: Searches Seizures

7. Motion to Suppress Evidence Why is the 4 th Amendment so Important? Exclusionary Rule Mapp v. Ohio

8. Was there a Search? Police see a person engaging in apparent drug transactions selling items from a bag. Upon seeing the police approach, the person drops the bag and starts to walk away. The police pick up the bag and fond cocaine inside of it. They then arrest the individual.

9. Standing Carl Crook and Ted Thief rob a bank together. The police start kicking in doors in the neighborhood and by luck, they find the stolen bank money and gun used in Crook’s apartment. The police charge Ted Thief as being an accomplice in the robbery. Can Ted Thief suppress the evidence?

10. Standing Your friend picks you up for a night out on the town in his car. The police stop the car for no reason and start searching it without consent. They find 5 guns and a kilo of cocaine in the trunk of the car and they charge you with the items. Can you have the items suppressed?

11. Motion to Suppress Need an expectation of privacy in the area searched A co-defendant’s apartment – 4 th amendment is a personal right – can’t claim a violation of a someone else’s right A friend’s car – no expectation of privacy in their trunk

12. Was there a search Police conduct a traffic stop and shine a flashlight into the backseat allowing them to see a gun that is sitting on the floor. The police were not able to see the gun before they pointed the light into the car. Is it a search under the 4 th Amendment?

13. No Expectation of Privacy then not a “Search” You are standing on the corner selling cocaine. You see the police coming down the street so you drop the bag with your supply of cocaine and start walking away hoping the police did not see you drop the bag. The police pick up the bag from the ground and find the cocaine. Can you suppress the cocaine?

14. What is a Seizure? Arrest Taking an item Probable cause

15. Remedy What happens if the police violate the provisions of the 4 th amendment? What is the remedy? Exclusionary Rule. Other remedies Alternatives the rule

16. Not just the 4th Amendment 5th Amendment –Right against self-incrimination 6th Amendment – Right to counsel

17. Motion To Suppress Statements I was threatened? I was promised I would not be charged? I was under the influence of drugs I asked for my attorney The police beat me The police said they would charge me with more crimes.

18. Motion to Suppress judge police actions Police stop a person based on a tip of criminal activity. Did the police have Reasonable and articulable suspicion? Answer will be decided in a Motion to Suppress.

19. Exclusionary Rule Do you support it? It lets guilty people go free!

20. Unit 7 Any final questions?