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