Chapter 6 Police Constitutional Law Legal Limitations on Police Investigations Search and Seizure Concepts o 4th Amendment o searches governments officials examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy intrude on peoples reasonable expectations of privacy determines whether a governemtn intrusion onto property constitutes a search because it interferes with the person s interests that are normally protected from government examination seizures situations in which police officers use their authority to deprive people of their liberty or property and which must not be limited to unreasonable according to the fourth amendment stop an officers interference with an individuals freedom of movement for a duration that lasts for normally less than one hour and only rarely extends for several hours pulling over a driver reasonable suspicion an officers belief based on articulate facts that a person might be engaging in criminal activity must be able to conclude specific facts which allow The Concept of Arrest them to make a stop o Arrest a significant deprivation of liberty because a person has been taken into police custody transported into jail and put into the record system Need probable cause significant evidence which support the conclusion that he has committed a crime Warrants and Probable Cause o Need probable cause in order to obtain a warrant need specificity o Affidavit written statement of fact supported by an oath or affirmation used when needed to obtain a warrant o Totality of circumstances flexible test which identifies whether probable cause exists and a warrant can be issued Permits officers to notice and use as evidence items that are visible to them open view when they are in a location where they are permitted to be Open Fields Doctrine property owners have no reasonable expectation of privacy in open fields on and around their property o If its outside and they can see it your in trouble Plan Feel and Other Senses Plain View Doctrine o If an officer feels something that is immediately recognizable as a weapon or drug it can be seized But cant go inside things such as a duffle bag o If he smells something illegal drugs he can investigate Warrantless Searches Special Needs Beyond the Normal Purposes of Law Enforcement o Metal detectors in airports o Checked when entering the country border crossings checkpoints o Border Patrol Agents guard against smuggling of drugs and illegal aliens Must know the laws of search and seizures o Sobriety checkpoints DUI o No Random stops must need a reason for stopping Stop and Frisk on the Streets o Terry v Ohio 1968 endorses police officers authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in activity Need discretion o Stop and Frisk Search permits police officers to pat down the clothing of people on the streets if there is reasonable suspicion of dangerous criminal activity o Need to make observations draw reasonable conclusions identify themselves and make inquiries before conducting the stop and frisk search Search Incident to a Lawful Arrest o Warrantless search incident to a lawful arrest is not limited by the crime for which the arrestee has been taken into custody o Chimel v California endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested Limited search and protective sweep Exigent Circumstances urgency Consent o Allowed to warrantless search arrest and question in the event of Jumped into OJ Simpsons backyard o Can use exigent circumstances in order to obtain evidence o If the person allows for a search the police do not need any probable cause or suspicion to justify the search o All evidence can be used o Many don t know that they are allowed to say no when asked for o Need voluntariness and a person with proper authority to consent for a officers to search search to be done Automobile Searches o Officers have significant authority to search automobiles and issue commands to people riding in vehicles o Many searches arrive because of traffic stops can stop them when they have committed a traffic violation o On traffic stops they Are allowed to make visible searches but it doesn t allow for the officers to make an entire search Only when something is seen or done to have brought about suspicion or probable cause can they search Questioning Suspects Miranda Rules in the case of Miranda v Arizona 1966 the Court ruled that suspects in custody must be informed of their rights o 1 They have the right to remain silent o 2 If they decide to make a statemtn it can and will be used against them in court o 3 They have the right to have an attorney present during interrogation or to have an opportunity to consult with an attorney o 4 If they cannot afford an attorney the state will provide one used to just beat poor black men on the street just to get a confession against 5th amendment Escobedo v Illinois 1964 and Massiah v US 1964 laid foundation for Miranda ruling Made link between 5th and 6th amendments Only apply in custodial interrogations Public safety exception exception to Miranda requirements that permit police to immediately question a suspect in custody with any warnings when public safety would be jeopardized The consequences of Miranda o Warnings must be provided before questions are asked Sometimes delay Miranda warnings Sometimes when the criminals talk to the police just in conversation after being arrested those words can help build the case contradictions Interrogation techniques intended to encourage suspects to talk despite Warnings Misinform suspects about the existence of evidence demonstrating their guilt The Exclusionary Rule the principle that illegally obtained evidence must be excluded from trial Exclusionary rule is essential to make the Fourth amendment meaningful Mapp decision indicates rule is required by constitution o No alternatives to the rule o Using improperly obtained evidence diminishes the law and protection of all rights o Effective means of deterring police and prosecutors from violating rights Exceptions to the Exclusionary Rule o Good Faith Exception the officers acted with the honest belief that they were following the proper rules and the warrant was improperly issued by the judge When warrant falls below standard probable cause o Inevitable Discovery Rule improperly obtained
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