1. Intro to American Law

2. Agenda When can police detain you? Arrest you?
What are your rights when you are arrested?
What should you do when you’re pulled over?

3. Five Year Old

4. Girl Arrested

5. Fireman Arrested

6. Fourth 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.

7. Fourth 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.

8. Probable Cause
Totality of the circumstances in determining whether there is probable cause

9. Arrests
If a cop has probable cause that a suspect has committed or is committing a felony, a cop:
May arrest a person in a public place w/o a warrant
May not arrest a person in their home w/o a warrant
May not arrest a person in another person’s home w/o a warrant

10. Terry Stops
Reasonable suspicion of involvement in criminal activity

11. Constitutional under 4A
To be constitutional, a seizure must be reasonable under 4th.
If Warrant or Consent: Seizure presumed reasonable.
Warrant: Upon Probable Cause (“PC”) that evidence of felony will be found; that person committed Felony;
Consent: Must be valid,
Warrantless Seizures:
Arrest: only upon Probable Cause
Search? May search person incident to arrest
Detainment: upon Reasonable Suspicion
Search? May only conduct limited pat-down search if a justifiable belief that person may be armed and presently dangerous

12. Detained vs. Arrested
Ask: whether a reasonable innocent person would have felt free to leave?
No = arrest
Yes = detained
Factors courts use:
the amount of force the police used
the need for use of force
the number of officers involved
whether officers suspected the suspect of being armed
the manner in which officers physically handled the suspect (including the use of handcuffs), and
the length of the stop.

13. Rights after arrest

14. Fifth Amendment
No person shall … be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.

15. Miranda Rights Right to remain silent
Anything you say can be used against you in a court of law
Right to have an attorney
Right to have an attorney present during questioning
If you cannot afford an attorney one will be appointed for you

16. Waiver of Miranda Rights
The waiver has to be:
Voluntary
Knowingly
Intelligent
Express or implied

17. The Traffic Stop
Driver is driving erratically in his/her car. State trooper pulls him/her over.
State Trooper [to driver]: Can you step out of the car?
Driver: [slurs his/her speech, is obviously intoxicated]. Yes. [Gets out, has trouble standing.]
State Trooper: Can you touch your fingers to your nose?
Driver: Sure. [Can’t touch fingers to nose].
State Trooper: Have you been using any drugs or alcohol tonight?
Driver: Heck yeah. Drugs AND alcohol.

18. The (Almost) Silent Prisoner
Police detective is questioning a suspect in jail who has been arrested for murder.
Detective: You have the right to remain silent. Anything you say can be used against you in a court of law. If you want to use that right, I have to stop asking you questions. You have the right to an attorney. Do you understand these rights?
Suspect: [Silence]
Detective: Do you want to talk to me or not?
Suspect: [Silence]
Detective: Alrighty then. I’m just gonna talk then and maybe you’ll answer me.
[Three hours pass; detective questioning, suspect silent. FLASH FORWARD...]
Detective [tired]: Do you want to be forgiven for killing Jim Jeffers?
Suspect [sad]: Yes.

19. The Ambiguous Request
Police detective is questioning a different suspect in jail who has been arrested for murder.
Detective: You have the right to remain silent. You have the right to an attorney to advise you during questioning. If you want to use either or both of these rights, I have to stop asking you questions. Do you understand these rights?
Suspect: Yeah, I’ll talk to you.
Detective: Great. Did you kill Jim Jeffers?
Suspect: Uh . . .  maybe I should talk to a lawyer.
Detective: We’ll get there, but just tell me, did you kill Jim Jeffers?
Suspect: Yeah, I did.

20. When you are stopped by police…

21. For tomorrow
Text