2. 4th 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 person or things to be seized."

3. Search and Seizure Definitions
Exploration by law enforcement of property or person in order to find evidence of crimes
Seizure
The taking into custody of persons or property involved with crimes.
Warrant
Court document ordering law enforcement to arrest or search
Arrest
Taking of a person into custody (not free to go)

4. Searches With a Warrant
1. In order to get a search warrant, an officer must prove there was probable cause that
 - Objects searched for were used in a crime
 - Objects will be found in place to be searched
- Officers fill out an affidavit where they list the probable cause
Property
Give address
List rooms to be searched
Objects being searched for

5. Person or Car
Name of person and description License # and make of car

6. Searches With a Warrant
2. Searches must be completed in a reasonable amount of time
Most cases, within 10 days from when a warrant is issued
Also, some states restrict searches to daytime hours

7. Searches With a Warrant
3. Before entering a property, officers must announce themselves as police, and that they have a search warrant
If no one responds, then police can enter by force
Exceptions
- Police believe announcement will give time to destroy evidence
- Police believe announcement with endanger them

8. Searches Without a Warrant
You cannot be searched in your home or office w/o a warrant
You can be searched in public w/o a warrant
Circumstances Where Police can search w/o a warrant
1. Incident to Arrest
Police can search the person being arrested and the area around them for evidence. (has to be under their control)
In a car, can only search the passenger compartment, not the trunk

9. 3. Exigent Circumstances
2. Plain view Doctrine
If an illegal object, or evidence, is in plain view, the police can seize it w/o a warrant
3. Exigent Circumstances
Police can make warrantless searches in emergency situations; prevent destruction of evidence, prevent harm to ppl., hot pursuit
4. Consent Search
If someone agrees to a search, police can seize anything illegal found

10. Exclusionary Rule
Any evidence obtained illegally by police cannot be used in a trial against a suspect
Exceptions
1. Good Faith Exception
The evidence was obtained by officers acting in "good faith" that the info used in getting warrant was correct
Also applies to mistakes in the warrant

11. 2. Invitable – Discovery Exception: Evidence would have eventually been discovered by legal means

12. Arrests With a Warrant Have to have one to enter a private property
Have to have probable cause that (1) a crime was committed (2) the person committed the crime
Without a Warrant
Cannot enter a private home to arrest w/o a warrant unless there is exigent circumstances
Anyone arrested w/o a warrant must come before a judge (48 hrs.) to determine if there is enough probable cause for arrest

13. No Excessive Punishments
Procedural Law
Eighth Amendment
No Excessive Punishments

14. No Excessive Bail or Fines
Bail: $$ put up to let a defendant leave jail before their trial.
Courts do not have to grant bail...
1. Serious crime
2. Defendant is a flight risk
3. A lot of evidence already against them

15. Bail cannot be excessive
Ex: $1,000,000 bail for stealing a $300 TV
Fines cannot be excessive
Ex: $50,000 for going 15 miles over the speed limit

16. No Cruel or Unusual Punishments
The meaning of this applied to punishments seen as "torture".

17. No Cruel or Unusual Punishments
Punishment handed down cannot be disproportionate to the crime committed
Ex: Death Penalty for stealing a car

18. No Cruel or Unusual Punishments
Today, the Eighth Amendment has been applied to the Death Penalty as well...
Supreme Court has ruled that certain means of execution are "cruel and unusual".

19. Right to a Lawyer, Speedy, Public and Jury Trial
Procedural Law
6th Amendment
Right to a Lawyer, Speedy, Public and Jury Trial

20. Gideon v. Wainwright
Watch the clips from the movie "Gideon's Trumpet" and answer the questions provided

21. Right to a Lawyer
In almost all points in the CJ process, a defendant has the right to be represented by a lawyer.
If a defendant cannot afford one, a lawyer will be appointed by the court for them.
If a lawyer's representation is seen as "deficient", then the defendant can appeal the conviction.

23. Speedy Trial
Defendants must come to trial in a reasonable amount of time after arrest.
Delays can only happen because of important reasons
ie: finding witnesses
Public Trial
- Trials must be held in public where the crime was committed, unless circumstances prohibit it.