CRM JST 271 1st Edition Lecture 6 Chapter 3 Legal Issuescon t I II III Arrests a Arrests require probable cause that individual committed a crime i US v Watson 1976 felony arrests in public ii Payton v New York 1981 warranted needed in private home unless exigent iii Chimel v California 1969 lunge area iv Maryland v Buie 1990 protective sweeps Searches and Seizures of Property a There are further exceptions to the search warrant requirement i Hot pursuit exception ii Consent 1 Voluntary and not coerced iii Vehicle searches 1 Pretextual stops a U C traffic stop 2 Sobriety checkpoints a Michigan Department of State Police v Sitz 1990 b There are a host of other important vehicle specific decisions i Indianapolis v Edmond 2000 illegal drug checkpoint ii Illinois v Lidster 2004 checkpoint for info on suspect Lidster OAI iii Carroll v US 1925 mobility of vehicle iv US v Ross 1982 entire vehicle searched including trunk and closed containers v Wyoming v Houghton 1999 search of passengers belongings with PC c Bright Line Rule officers may search passenger compartment if a passenger is under arrest i New York v Belton 1981 passenger compartment can be searched if arrest ii Thorton v US 2004 search of vehicle after exiting and arrest iii Arizona v Gant 2009 once removed from vehicle not in proximity to vehicle and evidence Interrogations and Confessions a 5th amendment i No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a Grand Jury except in cases arising in the land or naval forces or in the militia when in actual service in time of War or public danger nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself nor be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation ii Miranda v Arizona 1966 1 What does the Miranda Warning advise a Right to remain silent b Right to have an attorney c Anything you say can and will be held against you in the court of law d State will provide attorney to you if you cannot afford it e in WI if you choose to answer now you may stop at any time until you have an attorney b Other important 5th amendment decisions i Dickerson v US 2000 no laws may supersede Miranda ii Edwards v Arizona 1981 one day not enough of a break in time iii Maryland v Shatzer 2010 significant break in time c Waiver of rights must be done knowingly intelligently voluntarily part of Miranda d There are other exceptions to the Miranda Warning requirement i Public safety exception New York v Quarles 1984 1 When there exists a significant immediate threat to public safety ii Inevitable discovery 1 When police can demonstrate physical evidence would ve been recovered 2 Brewer v Williams 1977 Christian burial 3 Nix v Williams 1984 body in woods search