1. Police and the Rule of Law Chapter 7 In Your Textbook John Massey Criminal Justice

2. The Fourth Amendment Every police officer must understand the 4 th amendment Every police officer must understand the 4 th amendment 1) prohibits illegal/unreasonable searches and seizures 1) prohibits illegal/unreasonable searches and seizures 2) you must have probable cause to obtain a warrant 2) you must have probable cause to obtain a warrant Why are searches used? Why are searches used? Find evidence that is needed to convict suspects Find evidence that is needed to convict suspects Searches must be reasonable Searches must be reasonable Elephant in a matchbox Elephant in a matchbox Without probable cause, an arrest or seizure is illegal and unconstitutional = unreasonable Without probable cause, an arrest or seizure is illegal and unconstitutional = unreasonable

3. Probable Cause Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person (more than suspicion or a hunch) Reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person (more than suspicion or a hunch) Four ways to obtain probable cause: Four ways to obtain probable cause: 1) personal observation 1) personal observation 2) information 2) information 3) evidence 3) evidence 4) association 4) association Most arrests are made without a warrant (result of a quick reaction to a crime) Most arrests are made without a warrant (result of a quick reaction to a crime) Officers cannot obtain a warrant in every scenario Officers cannot obtain a warrant in every scenario Officer still must have probable cause to arrest Officer still must have probable cause to arrest Magistrate Magistrate

4. Exclusionary Rule Prohibits the use of illegally seized evidence Prohibits the use of illegally seized evidence Any evidence obtained by unreasonable search/seizure is inadmissible against defendant Any evidence obtained by unreasonable search/seizure is inadmissible against defendant Fruits of the Poisonous tree Fruits of the Poisonous tree Any evidence obtained as a result of illegally obtained evidence Any evidence obtained as a result of illegally obtained evidence Also inadmissible Also inadmissible Makes officers do their job properly Makes officers do their job properly Some argue it lets the guilty go free Some argue it lets the guilty go free

5. Stops and Frisks Reasonable suspicion 1) briefly detain suspect 2) pat down and frisk person’s outer clothing (weapons) Terry v. Ohio 1968 Supreme Court said that the officer had reasonable suspicion to believe the two men were armed and dangerous. STOP: officer has the reasonable suspicion that a criminal activity is taking or is about to take place FRISK: pat down or minimal search for weapons

6. Exigent Circumstances Certain situations Certain situations Law enforcement officers do not need to knock and announce their presence Law enforcement officers do not need to knock and announce their presence 1) suspect is… 1) suspect is… 2) evidence is… 2) evidence is… 3) felony is… 3) felony is… Arrests without a warrant Arrests without a warrant Offense is committed… Offense is committed… Officer has knowledge that… Officer has knowledge that…

7. The Breakdown Search Search Intrusive Intrusive Find evidence Find evidence Search Warrant Search Warrant Protects police officer Protects police officer Authorizes a search of a specific area Authorizes a search of a specific area Seizure Seizure Actual taking of property Actual taking of property Two exceptions to the warrant requirement Two exceptions to the warrant requirement Search incident to arrest Search incident to arrest Direct result of an arrest (remove weapons and protect evidence) Direct result of an arrest (remove weapons and protect evidence) Consent search Consent search Consent must be voluntary, cannot be forced Consent must be voluntary, cannot be forced

10. Auto Searches Belton Search is most common Belton Search is most common Warrantless search Warrantless search Front and back components Front and back components Area within immediate control Area within immediate control Movable Vehicles : Movable Vehicles : Police are not required to obtain a warrant Police are not required to obtain a warrant Vehicle can be moved Vehicle can be moved Probable cause exists Probable cause exists Vehicle may contain contraband or evidence of criminal activity Vehicle may contain contraband or evidence of criminal activity

11. A chart to help you remember Belton Search  Belton Search  Motor Vehicle  Exception Search Motor Vehicle  Exception Search Long Search  Long Search  Justification: custodial arrest Justification: custodial arrest Level of suspicion as to weapon or evidence: None Level of suspicion as to weapon or evidence: None Where search can extend: Interior of vehicle only Where search can extend: Interior of vehicle only What can be searched for: weapon or evidence of any crime What can be searched for: weapon or evidence of any crime Justification: p/c as to evidence in vehicle Justification: p/c as to evidence in vehicle Level of suspicion as to weapon or evidence: probable cause Level of suspicion as to weapon or evidence: probable cause Where search can extend: all parts of the vehicle Where search can extend: all parts of the vehicle What can be searched for: whatever officer has p/c to search for What can be searched for: whatever officer has p/c to search for Justification: Terry stop of driver or passenger Justification: Terry stop of driver or passenger Level of suspicion as to weapon or evidence: reasonable suspicion to think person stopped is armed Level of suspicion as to weapon or evidence: reasonable suspicion to think person stopped is armed Where search can extend: interior of vehicle only Where search can extend: interior of vehicle only What can be searched for: weapon only What can be searched for: weapon only

12. Plain View Officer can seize any illegal item that can be seen in plain view in the vehicle Officer can seize any illegal item that can be seen in plain view in the vehicle Warrant is not needed Warrant is not needed Must be detected easily Must be detected easily Immediately recognizable Immediately recognizable Unintentional discovery Unintentional discovery Legally in position Legally in position

13. Miranda The Miranda warnings The Miranda warnings The focus is interrogation The focus is interrogation 1966 – Miranda v. Arizona 1966 – Miranda v. Arizona Applies only when a suspect Applies only when a suspect Suspects can waive their 5 th amendment rights and speak to an officer voluntarily Suspects can waive their 5 th amendment rights and speak to an officer voluntarily

14. Identification Procedures Showups Showups Suspect matches description given by witnesses Suspect matches description given by witnesses Photo Arrays Photo Arrays Police have general description, witnesses/victims are shown pictures Police have general description, witnesses/victims are shown pictures Lineups Lineups Lineup several similar looking people, one is the suspect Lineup several similar looking people, one is the suspect The booking process: The booking process: Process of entering a suspect’s name, offense and arrival time into the police log following the arrest Process of entering a suspect’s name, offense and arrival time into the police log following the arrest