1. Search & Seizure Stephanow 2008 4 th Amendment

2. CRIMINAL JUSTICE PROCESS in TEXAS http://www.texasbar.com/Template.cfm?Section=Home&CONTENTID =3952&TEMPLATE=/ContentManagement/ContentDisplay.cfm

3. 4 th 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 or affirmation, and particularly describing the place to be searched and the persons or things to be seized.” PROTECTS YOU FROM THE GOVERNMENT ONLY!

4. ARREST Take a person into government custody.

5. ARREST WARRANT Warrant (court order issued by a judge) that authorizes an arrest.

6. INFORMANT A person who supplies information to police.

7. DRUG COURIER/TERRORIST PROFILE Characteristics used by law enforcement to single- out possible suspects. Used to provide a basis to stop & question a person or to help establish probable cause for arrest. What would some characteristics be for a drug courier? What would some characteristics be for a terrorist?

8. RACIAL PROFILING When the police use race to single- out a minority as a suspected criminal. Used to provide a basis to stop & question a person or to help establish probable cause for arrest.

9. CORROBORATE Information that verifies or confirms the informant’s tip.

10. PROBABLE CAUSE Reasonable belief that a specific person has committed a crime.

11. Continuum of Certainty

12. STOP & FRISK If an officer has reasonable suspicion to believe a person is armed and dangerous, s/he may do a limited pat-down of the person’s outer clothing to remove any weapons the person may be carrying.

13. SEARCH WARRANT Warrant (court order issued by a judge) that allows law enforcement officers to conduct a search of a residence, vehicle, etc.

14. AFFADAVIT A sworn statement of facts & circumstances that provides the probable cause to believe that a search is justified.

15. SCOPE OF THE SEARCH Officers can only search in areas that are reasonable hiding places for what they are looking for. Ex. Where could they look for a shot gun? --a closet? --a bathroom drawer? EX. Where could they look for drugs?

16. CONTRABAND Illegal items.

17. Do police ALWAYS need a warrant?  No! Here are some exceptions: Hot pursuit After arrest Consent Emergencies Plain view (includes open fields and aerial surveillance) Plain smell Jail or prison Airports Gov’t Buildings Border & open seas Schools Vehicle searches if they have probable cause.

18. WIRETAPPING  Katz v. U.S. (1967) Even FBI and CIA need a warrant; it’s an invasion of privacy.  FISA Court set up in the early 70’s to allow the gov. to get a quick warrant for surveillance, or be able to act and then get a warrant after the fact.  What about the US PATRIOT Act? Did the Bush Administration violate the FISA Act and the 4 th Amendment while conducting domestic surveillance? What about the Obama Administration?

19. Bush & Domestic Spying  Some people are upset that the Bush Administration is searching without probable cause and/or obtaining a warrant.

21. SCHOOL SEARCHES  New Jersey v. T.L.O. (1985) Schools act in “loco parentis” and have an obligation to provide for the health and safety of students. Therefore, school officials do not have to have probable cause or a warrant. Schools only need REASONABLE SUSPICION.

22. SCHOOL SEARCHES Law enforcement officers in school.  Cannot search; school officials must.  Can be brought in if something is found by school officials.  Evidence found can be probable cause for a peace officer to make an arrest.  For a peace officer to search in school, generally must need a warrant.

23. SCHOOL SEARCHES Can schools strip search students? Safford Unified School District vs. Redding (2009) Currently pending before the SCt

24. SCENARIOS  Jill’s former boyfriend breaks into her apartment and looks through her desk for love letters. Instead he find drugs, which he turns over to the police.  Has there been a violation of Jill’s 4 th Amd. Rights?

25. SCENARIOS  After Jose’ sets his trash out on the curb for trash pick-up, the police come and go through it—finding plans for a murder. They arrest Jose’ based on this evidence.  Has there been a violation of Jose’s 4 th Amd. Rights?

26. SCENARIOS  A student informs the AP that Bob has a gun in his locker. The APs search the locker, find a gun, and have a peace officer arrest Bob.  Has there been a violation of Bob’s 4 th Amd. Rights?

27. SCENARIOS  Larry is observed shoplifting items in a store. Police chase Larry into his apartment building and arrest him outside the closed door of his apartment. A search of his apartment reveals a large quantity of stolen items.  Has there been a violation of Larry’s 4 th Amd. Rights?

28. SCENARIOS  Sandy and Claire share an apartment and both have their name on the lease. Sandy is suspected of having drugs. The police go to her apartment and ask her roommate Claire, if they can look through Sandy’s bedroom and dresser. Claire says okay. They find the drugs.  Has there been a violation of Sandy’s 4 th Amd. Rights?