POLICE AND THE CONSTITUTION: THE RULES OF LAW ENFORCEMENT

The fourth amendment contains two critical

legal concepts:

Unreasonable searches and seizures

The requirement of probable cause to issue a warrant

Outline the four major sources that may provide probable cause.

Sources of Probable Cause:

Personal observation

Information

Evidence

Association

Explain the exclusionary rule and the exceptions to it.

The Exclusionary Rule: Prohibits the use of illegally obtained

evidence in court

The Fruit of the Poisoned Tree: Evidence obtained through illegally

obtained evidence is also inadmissible

Exceptions to the exclusionary rule:

Inevitable discovery

◦ Brewer v. Williams (1977)

◦ Nix v. Williams (1984)

Good Faith

◦ United States v. Leon (1984)

Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.

A stop is the brief detention of a person bythe police for questioning. A stop requiresreasonable suspicion.

A frisk is a pat-down or minimal search by police to discover weapons. It is conductedfor the protection of the officer.

Stops and Frisks are governed by:

Reasonable suspicion

Terry v. Ohio (1968)

The “totality of the circumstances”

List the four elements that must be present for an arrest to take place.

The elements of arrest:

The intent to arrest

The authority to arrest

Seizure or detention

The understanding of a person that they have been arrested

Arrests with a warrant: Officers are required to knock and announce

their presence. Wilson v. Arkansas (1967). Under certain exigent circumstances officers

do not need to announce themselves:◦ The suspect is armed and dangerous.

◦ Evidence is being destroyed.

◦ A felony is in progress.

Arrests without a warrant:

The arrest is committed in the presence of the officer.

The officer has knowledge a crime was committed and probable cause to believe the crime was committed by a particular person.

The Role of Privacy in Searches

◦ Katz v. United States (1967)

A person must show they have an expectation of privacy

That expectation must be reasonable

◦ Greenwood v. California (1988)

Search warrants must demonstrate:

◦ Information showing probable cause that a crime has been or will be committed

◦ Specific information on the premises to be searched, the suspects to be found and the items to be seized

List the four categories of items that can be seized by use of a search warrant.

Four categories of items that can be seized

by use of a search warrant:

Items that resulted from a crime

Items that are inherently illegal for anyone to possess

Items that can be called “evidence” of a crime

Items used in committing the crime

Explain when searches can be made without a warrant.

Searches incidental to arrest

◦ United States v. Robinson (1973)

The officer’s need to confiscate any weapons the suspect may be carrying

The need to protect any evidence on the suspect’s person from being destroyed

◦ Chimel v. California (1969)

Searches with consent

◦ Schneckcloth v. Bustamonte (1973)

◦ Florida v. Bostick (1991)

Searches of automobiles

◦ The Carroll Doctrine

◦ Whren v. United States (1996)

◦ Maryland v. Wilson (1997)

Plain view doctrine

◦ New Hampshire v. Coolidge (1971)

The item is positioned in the officer’s view

The officer is legally in a position to notice the item

The discovery of the item is inadvertent

The officer immediately recognizes the illegal nature of the item

Electronic surveillance can only be used:

If consent is given by one of the parties Or there is a warrant authorizing the

activity and:◦ Names the persons under surveillance◦ Details the conversations to be recorded◦ Shows probable cause that a crime has been

committed

The Legal Basis for Miranda

When a Miranda Warning is Required

◦ When a suspect is under arrest

◦ And is being questioned about an ongoing investigation

Indicate situations in which a Miranda warning is unnecessary.

When Miranda is Not Required:◦ When police do not ask suspect questions that are

testimonial in nature◦ When the police have not focused on a suspect

and are questioning witnesses at the scene◦ When a person volunteers information before

being asked◦ When the suspect has given a private statement◦ During a stop and frisk when no arrest has been

made◦ During a traffic stop

Voluntary Statements

Recording Confessions

Questions:

◦ Do you believe a Miranda warning is necessary to prevent individuals from falsely confessing?

◦ How may recent court decisions that erode Miranda impact the criminal justice system?