1. Questioning, Searches, And Arrests
Objective: Don’t be in the wrong place at the wrong time!!

2. I. Arrests (seizures) Arrests may be conducted:
With a warrant upon “probable cause”-4th amendment
Without a warrant
in emergencies-”hot pursuit”-
WHEN CAN SEARCHES BE CONDUCTED
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3. II. Searches: may be conducted:
With a warrant -probable cause
Must be specific
Without a warrant:
“Automobile exception”-
Terry exception - (Terry v. Ohio, 1968)
Lawful arrest
Suspect gives consent
Evidenceplain view (Gonzaga)
Schools can impose random drug tests on students in extracurricular activities (Board of Education v. Earls, 2002-Oklahoma)
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4. II. Conducting searches
Exclusionary rule:
Mapp v. Ohio, 1961
“Fruit of the Poisonous Tree”
4th amendment
CANNOT BE USED:
“Inevitable discovery” of the evidence
“Good faith” assumption that a warrant was valid
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5. II. Conducting searches
Patriot Act, 2002: Combat terrorism (2006-domestic terrorists)
FBI, CIA greater powers to:
Wiretap phones
Monitor
Conduct searches w/o prior notification
Fed. Govt.deport/detain noncitizens w/o judicial appeal
Federal Govt. VS 4th Amendment
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6. III. Protection against self incrimination
5th amendment
Innocent until proven guilty
Cannot be invoked when prosecutors grant immunity
IV. Police Questioning
Miranda v. Arizona, 1966…Miranda Warnings
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7. Miranda Warnings MIRANDA WARNINGS YOU HAVE THE RIGHT TO REMAIN SILENT
ANYTHING YOU SAY CAN BE USED AGAINST YOU IN THE COURT OF LAW
YOU HAVE THE RIGHT AT THIS TIME TO TALK TO A LAWYER AND HAVE HIM/HER PRESENT WITH YOU WHILE YOU ARE BEING QUESTIONED
IF YOU CANNOT AFFORD TO HIRE A LAWYER, ONE WILL BE APPOINTED TO REPRESENT YOU BEFORE QUESTIONING, IF YOU WISH
YOU CAN DECIDE AT ANY TIME TO EXERCISE THESE RIGHTS AND NOT ANSWER ANY QUESTIONS OR MAKE ANY STATEMENTS
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8. V. Other constitutional guarantees
Habeas Corpus- “present the body”
Ex post facto law- “after the fact”
Bill of attainder
Cannot punish a person without benefit of trial(Due Process)
May not be passed by Congress
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9. Definition of Probable Cause
Probable cause" means that the officer must possess sufficiently trustworthy facts to believe that a crime has been committed. In some cases, an officer may need only a reasonable suspicion of criminal activity to conduct a limited search (Terry Stop). Reasonable suspicion means that the officer has sufficient knowledge to believe that criminal activity is at hand. This level of knowledge is less than that of probable cause, so reasonable suspicion is usually used to justify a brief frisk in a public area or a traffic stop at roadside. To possess either probable cause or reasonable suspicion, an officer must be able to cite specific articulable facts to warrant the intrusion. Items related to suspected criminal activity found in a search may be taken, or seized, by the officer.
And if I make contact with a subject and don’t have any of those articulable facts to justify the Terry Stop, then it is merely a social contact and the subject is free to leave at any time and not answer any of my questions. Officers have had issues with these social contacts when their actions have constituted a seizure of the person, such as the use of overhead lights making the subject feel they were not free to leave.
OFFICER COONEY
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10. 6/15/2018