1. Police and the Constitution Chapter 7

2. The Fourth Amendment The right of people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supports by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. – Protects every citizen against unreasonable search and seizure – Probable Cause-reasonable grounds to believe the existing facts warranting arrest/search

3. The Fourth Amendment cont. Sources of Probable Cause (PC) 1.Personal observations-using personal training, expertise, and experience to infer probable cause that may not be obviously criminal. IE. Casing a business 2.Information-from victims, witnesses, informants, info bulletins, APB’s from RELIABLE sources to develop probable cause

4. The Fourth Amendment cont. 3.Evidence- plain view, smell, feel 4.Association- person with a known criminal background, in a place where criminal activity is openly taking place, they have adequate probable cause to stop that person, though generally not enough to establish PC.

5. The Fourth Amendment cont. The Probable Cause framework – Allows LEO’s to job effectively, – Most arrests without warrants in hand; result of quick police reaction to crimes – Maryland vs. Pringle- all passengers deny ownership, all arrested based on proximity – County of Riverside vs. Mclaughlin-USSC ruled that determination of PC must be made within 48 hrs of arrest

6. The Fourth Amendment cont. The Exclusionary rule- any evidence that is obtained in violation of the defendants 4 th, 5 th, or 6 th amendment rights, as well as any evidence derived from illegally obtained evidence will not be admissable in criminal court. 1914 for feds, 1965 for states Fruit of the poisoned tree-evidence acquired by illegally obtained evidence

7. The Fourth Amendment cont. Inevitable Discovery exception- illegally obtained evidence can be used in court if police using lawful means would have inevitably discovered it. Good Faith exception-evidence obtained by technically invalid search warrant is admissible during trial if the police acted in good faith when seeking out the warrant

8. Stop and Frisks Based on Reasonable Suspicion- 1.Briefly detaining a person they reasonably believe to be suspicious 2.Reasonable belief suspicious person may be armed Stopping someone is not an automatic frisk Terry vs. Ohio-precedent of Stop and Frisk. 3 men stopped after acting suspicious, casing a store, eventually stopped and frisked. Two concealed weapons found. Both found guilty

9. Stop and Frisks cont. Arizona SB 1070-very controversial bill, opponents concerned stop and frisks would be based on racial profiling (hispanics) Totality of the Circumstances test – Police do not need specific and articulable facts but facts that may be taken together with rational inferences – Supreme Court wanted officers to maintain this freedom

10. Stop and Frisks cont. IE.-USCBP officer stops van based on driver “stiffening up” upon approach, slowed down, and avoided eye contact. Children waved “mechanically” as if directed to do so. Van 30 miles from Mexican border on unpaved road. Stop – brief detention that is based on suspicion that criminal activity is about to take place; being held 25+ minutes for drug dog to sniff

11. Stop and Frisks cont. – A reasonable amount of force may be used to conduct a stop Frisk – Protective measure only, NO “fishing expeditions” – May only occur when an officer can justify. IE. Bulge in clothes, past history, activity suspected of.

12. Arrests Based on Probable Cause – Taking of a person into custody to face criminal charges; Can not “walk away” Elements of an Arrest 1.Must have intent, usually rely on the perception of arrestee 2.Authority to arrest 3.Seizure/detention-submitting to control of officer 4.Understanding-arrestee must understand that an arrest took place

13. Arrests cont. Arrests with a Warrant – Issued by judge or magistrate after officer has proven probably cause; commands officer to make arrest – May enter a dwelling after a knock and announce, MUST WAIT 15-20 SECONDS, – “No Knock Entry”(or announcement)- exigent circumstance exists (subject is armed and poses threat to officers or others, evidence is being destroyed or persons escaping at presence of the police, felony is being committed at time of entry)

14. Arrests cont. Arrests without a warrant (Warrantless Arrest) – Offense committed in the presence of an officer – Officer has knowledge that a crime has been committed PC exists to believe that a crime was committed by a particular suspect – **Misdemeanors must have been committed in the presence of an officer** – Entry into a dwelling is not allowed unless exigent circumstances exist – Search warrant must be obtained to enter a third party residence to affect an arrest on a person

15. Arrests cont. Lawful Searches and Seizures – Search-process of which LE examines person or property to find evidence used to prove guilit – Katz vs US-protects “people” not places Citizen must prove they expected privacy – Ie. Phone booth Society must recognize that expectation is reasonable – California vs Greenwood-trash on curb Court ruled in favor of police

16. Arrests cont. Genetic privacy-abandoned DNA – Discarded cigs, half eaten food Courts side with LE on these collection tactics Search Warrants – Written order based on probably cause and issued by a judge or magistrate, COMMANDING LE to search a specific person or place to obtain evidence

17. Arrests cont. Search warrants – Info showing probable cause that a crime was or will be committed – Specific information on premises to be searched, suspects found and illegal activities taking place, and items to be seized – Affidavit-written statement of facts, confirmed by oath or affirmation of the party making it made before judge or magistrate – Seizure-forcible taking of person or property in response to violation of law

18. Arrests cont. Particularities of a Search Warrant 1.Items resulting from crime, ie stolen goods 2.Items inherently illegal for any to possess, ie narcotics, counterfeit money 3.Evidence of the crime, ie ski mask, blood stained clothing 4.Items used in commission of crime, ie firearm, drug lab equipment

19. Arrests cont. Reasonableness during a search and seizure – Search warrant for specific documents yields narcotics, – Search for weapon yields narcotics in plain view

20. Arrests cont. Search and Seizures without a warrant – Search incident to arrest For weapons and evidence that are conducted on persons who have just been arrested; items found in immediate control or vicinity – Consent Voluntary – Age,intelligence, condition of suspect; coersive behavior, language; length of questioning and location Applies to person, vehicles, and homes (knock and talk) Supreme Court has ruled LE not required to inform freedom to leave or choice

21. Arrests cont. Carroll vs. US-applies to autos – Probable cause to believe that the vehicle contains contraband or evidence of criminal activity Protection of evidence and less of an expectation of privacy – Arizona vs Gant 1.Person being arrested is close enough to car to grab or destroy evidence or a weapon inside 2.Officer reasonably believes that the car contains evidence pertinent to the same crime for which the arrest took place

22. Arrests cont. Pretextual Stops – Probable cause to lawfully stop with intention to conduct further investigation – Whren vs US – Maryland vs Wilson-LE can order people out of a car during a stop Containers in vehicles-tips must be specific, and reasonable

23. Arrests cont. Plain View Doctrine (Coolidge vs New Hampshire) 1.Item positioned so easily detected by officers sight or other sense 2.Officer in legal position to notice the item in question 3.Found inadvertantly, no intention to find such an item 4.Officer immediately recognizes illegal nature of item

24. Arrests cont. Electronic Surveillance – Consent given by one party to be monitored – Warrant authorizing use of the device Detail w/particularity of the conversations Name of suspects and the places that will be under surveillance PC to believe that a specific crime has been or will be committed

25. Arrests cont. Video and Digital Surveillance – Force multiplier – Fixed mobile cameras connected with ALPR – cctv – Gps-warrants should be obtained now – PRIVACY CONCERNS????

26. Arrests cont. Miranda-required after arrest if arrested is to questioned – Coercion issues? Time, promises, etc When Miranda is not required…. – Questions that are not meant to elicit statements of evidentiary value-name, address, etc – Questioning witnesses at crime scene with no suspect focus – Person volunteers info w/out being questioned – Suspect gives statement to acquaintance-and government not involved – During stop and frisk – During a traffic stop

27. Arrests cont. Clear intent as it pertains to Miranda – Arrested/suspect must be clear that they want a lawyer or wish to remain silent, police are not expected to be mind readers Law Enforcement response to Miranda 1.Conditioning- coffee, cig, small talk 2.De-emphasizing- minimizing miranda rights 3.Persuasion-only way to get their side of the story out

28. Arrests cont. Critics say Miranda has been eroded.. – NY vs Quarles-public safety – Moran vs Burbine-LE not required to tell arrested atty is trying to reach them – Arizona Vs Fulminante-other evidence strong enough to justify conviction – Texas vs. Cobb-questions of crime not related to what arrest was for – Florida vs. Powell-different yet similar miranda warnings are acceptable

29. Arrests cont. Recording Confessions – 14 states and thousands of departments require recorded confessions – Policies established as a result of faulty interrogations – Recording all custodial interrogations would satisfy 5 th amendment prohibition against coercion, rendering Miranda unnecessary??

30. Arrests cont. Identification 1.Showups-suspect matches description and apprehended near crime scene in reasonable amount of time and returned to crime scene for victim identification 2.Photo arrays- victim witnesses shown mugshots people with records that match description 3.Lineups-lining up several physically similar people including the suspect in front of the witness or victim

31. Arrests cont. Non-testimonial evidence – Booking procedure-photos, fingerprints, blood – Voice and handwriting – Blood draw without consent or s/w-DWI cases