View
218
Download
3
Category
Tags:
Preview:
Citation preview
The police may search a lawfully arrested person and the area immediately around them for concealed weapons without a warrant.
A police officer who thinks a person is behaving suspiciously and likely to be armed may stop and frisk the person for weapons.
If the person agrees, they may be searched without a warrant AND without probable cause.
Warrantless search: True or False?!?
If an object connected with a crime is in plain view of an officer, it may be seized without a warrant.
Police in hot pursuit of a suspect are not required to get a search warrant before entering a building they see the suspect enter.
An officer with probable cause may conduct a search of an entire vehicle and any containers in it without a warrant.
T/F Cont’d!
If the police receive a telephoned bomb threat they may enter a building without a warrant.
Customs agents may search without warrants AND without probable cause whenever they want.
Need any repeated? Count up T’s and F’s – SCORE TIME! Let’s Discuss!
STILL MORE T/F!!!!!!!!!!
Some Criminal Rights-Related Notes!
Yeah!
Arrest – when a suspect is taken into custody; either based on a warrant or simply on probable cause
Custody – a situation involving detention where a reasonable person would not feel free to leave
Arrest and Custody
Probable Cause – Reasonable belief, based on some factual info, that a crime has been or is being committed
Warrant – A Court order, based on probable cause, detailing a specific person to be detained (arrest warrant), or describing specific criteria for a search (search warrant)
Exclusionary Rule – rule of law that excludes any illegally obtained evidence from court, no matter how damning the evidence is
Probable Cause, Warrants, and the Exclusionary Rule
“Knock and Announce” – generally, even with a warrant, police are required to knock and announce their presence. There are most definitely exceptions to this rule
Profiling – Inappropriate use of characteristics like race or age in determining who may or may not have committed a crime
“Knock and Announce,” and Profiling
Interview – questioning a person who may have pertinent information, but is not a suspect
Interrogation – questioning of an accused suspect about a crime
Interrogation v. Interview
Protects from unreasonable search and seizure
Creates warrant requirement
4th Amendment
Grand Jury Indictment
Double-Jeopardy protection
Can’t be “deprived of life, liberty, or property, without due process of law”
Protection from Self-Incrimination
5th Amendment
Speedy, Public trial
Jury of peers (as impartial as possible)
Confront witnesses against you
Compel witnesses for you
Assistance of Counsel
6th Amendment
No excessive bail/fines
No cruel and unusual punishment
8th Amendment
Recommended