Police and the Rule of LawPolice and the Rule of Law

Chapter 7 In Your TextbookChapter 7 In Your Textbook

John MasseyJohn MasseyCriminal JusticeCriminal Justice

The Fourth AmendmentThe Fourth Amendment

Every police officer must understand the 4Every police officer must understand the 4thth amendmentamendment

1) prohibits illegal/unreasonable searches and 1) prohibits illegal/unreasonable searches and seizuresseizures

2) you must have probable cause to obtain a 2) you must have probable cause to obtain a warrantwarrant

Why are searches used?Why are searches used? Find evidence that is needed to convict suspectsFind evidence that is needed to convict suspects Searches must be reasonableSearches must be reasonable Elephant in a matchboxElephant in a matchbox

Without probable cause, an arrest or seizure is illegal Without probable cause, an arrest or seizure is illegal and unconstitutional = unreasonableand unconstitutional = unreasonable

Probable CauseProbable Cause

Reasonable grounds to believe the existence of Reasonable grounds to believe the existence of facts warranting certain actions, such as the search facts warranting certain actions, such as the search or arrest of a person (more than suspicion or a or arrest of a person (more than suspicion or a hunch)hunch)

Four ways to obtain probable cause:Four ways to obtain probable cause: 1) personal observation1) personal observation 2) information2) information 3) evidence3) evidence 4) association4) association

Most arrests are made without a warrant (result of a Most arrests are made without a warrant (result of a quick reaction to a crime)quick reaction to a crime)

Officers cannot obtain a warrant in every scenarioOfficers cannot obtain a warrant in every scenario Officer still must have probable cause to arrestOfficer still must have probable cause to arrest MagistrateMagistrate

Exclusionary RuleExclusionary Rule Prohibits the use of illegally Prohibits the use of illegally

seized evidenceseized evidence Any evidence obtained by Any evidence obtained by

unreasonable unreasonable search/seizure is search/seizure is inadmissible against inadmissible against defendantdefendant

Fruits of the Poisonous treeFruits of the Poisonous tree Any evidence obtained as a Any evidence obtained as a

result of illegally obtained result of illegally obtained evidenceevidence

Also inadmissibleAlso inadmissible Makes officers do their job Makes officers do their job

properlyproperly Some argue it lets the guilty go Some argue it lets the guilty go

freefree

Stops and FrisksStops and FrisksReasonable suspicionReasonable suspicion

1) briefly detain suspect1) briefly detain suspect

2) pat down and frisk person’s outer clothing (weapons)2) pat down and frisk person’s outer clothing (weapons)

Terry v. OhioTerry v. Ohio

19681968

Supreme Court said that the officer had reasonable Supreme Court said that the officer had reasonable suspicion to believe the two men were armed and suspicion to believe the two men were armed and dangerous.dangerous.

STOPSTOP: officer has the reasonable suspicion that a criminal : officer has the reasonable suspicion that a criminal activity is taking or is about to take placeactivity is taking or is about to take place

FRISKFRISK: pat down or minimal search for weapons: pat down or minimal search for weapons

Exigent CircumstancesExigent Circumstances

Certain situationsCertain situations Law enforcement officers do not Law enforcement officers do not

need to knock and announce their need to knock and announce their presencepresence 1) suspect is…1) suspect is… 2) evidence is…2) evidence is… 3) felony is…3) felony is…

Arrests without a warrantArrests without a warrant Offense is committed…Offense is committed… Officer has knowledge that…Officer has knowledge that…

The BreakdownThe Breakdown

SearchSearch IntrusiveIntrusive Find evidenceFind evidence

Search WarrantSearch Warrant Protects police officerProtects police officer Authorizes a search of a specific areaAuthorizes a search of a specific area

SeizureSeizure Actual taking of propertyActual taking of property

Two exceptions to the warrant requirementTwo exceptions to the warrant requirement Search incident to arrestSearch incident to arrest

Direct result of an arrest (remove weapons and protect Direct result of an arrest (remove weapons and protect evidence)evidence)

Consent searchConsent search Consent must be voluntary, cannot be forcedConsent must be voluntary, cannot be forced

Auto SearchesAuto Searches

Belton SearchBelton Search is most common is most common Warrantless searchWarrantless search Front and back componentsFront and back components Area within immediate Area within immediate

controlcontrol

Movable VehiclesMovable Vehicles:: Police are not required to Police are not required to

obtain a warrantobtain a warrant Vehicle can be moved Vehicle can be moved Probable cause existsProbable cause exists Vehicle may contain Vehicle may contain

contraband or evidence of contraband or evidence of criminal activitycriminal activity

A chart to help you rememberA chart to help you remember Belton Search Belton Search

Motor Vehicle Motor Vehicle Exception SearchException Search

Long SearchLong Search

JustificationJustification: custodial arrest: custodial arrest Level of suspicion as to weapon Level of suspicion as to weapon

or evidenceor evidence: None: None Where search can extendWhere search can extend: Interior : Interior

of vehicle onlyof vehicle only What can be searched forWhat can be searched for: weapon : weapon

or evidence of any crimeor evidence of any crime

JustificationJustification: p/c as to evidence in : p/c as to evidence in vehiclevehicle

Level of suspicion as to weapon Level of suspicion as to weapon or evidenceor evidence: probable cause: probable cause

Where search can extendWhere search can extend: all parts : all parts of the vehicleof the vehicle

What can be searched forWhat can be searched for: : whatever officer has p/c to search whatever officer has p/c to search forfor

JustificationJustification: Terry stop of driver or : Terry stop of driver or passengerpassenger

Level of suspicion as to weapon Level of suspicion as to weapon or evidenceor evidence: reasonable suspicion : reasonable suspicion to think person stopped is armedto think person stopped is armed

Where search can extendWhere search can extend: interior : interior of vehicle onlyof vehicle only

What can be searched forWhat can be searched for: weapon : weapon onlyonly

Plain ViewPlain View

Officer can seize any illegal item that can be seen in Officer can seize any illegal item that can be seen in plain view in the vehicleplain view in the vehicle Warrant is not neededWarrant is not needed Must be detected easilyMust be detected easily Immediately recognizableImmediately recognizable Unintentional discoveryUnintentional discovery Legally in positionLegally in position

MirandaMiranda

The Miranda warningsThe Miranda warnings

The focus is interrogationThe focus is interrogation

1966 – Miranda v. Arizona1966 – Miranda v. Arizona

Applies only when a suspectApplies only when a suspect

Suspects can waive their 5Suspects can waive their 5thth amendment rights and amendment rights and speak to an officer voluntarilyspeak to an officer voluntarily

Identification ProceduresIdentification Procedures

ShowupsShowups Suspect matches description given by witnessesSuspect matches description given by witnesses

Photo ArraysPhoto Arrays Police have general description, witnesses/victims are Police have general description, witnesses/victims are

shown picturesshown pictures

LineupsLineups Lineup several similar looking people, one is the Lineup several similar looking people, one is the

suspectsuspect

The booking process:The booking process: Process of entering a suspect’s name, offense and Process of entering a suspect’s name, offense and

arrival time into the police log following the arrestarrival time into the police log following the arrest