Criminal Justice chapter 5

A changing legal climate

the US Constitution and Bill of Rights are designed to protect citizens against abuses of police power

Checks and balances

the constitution provides for —- among the legislative, judicial, and executive

4th Amendment

protects against unreasonable searches and seizures

Search Warrants

required by the 4th amendment for the protection of citizens from undue government interference

a search warrant is

a written document outlining the reasons why an individual or their property should be searched, must contain probable cause

a search warrant outlines

the legal justification of search by the government, and why suspected items will be found at or within the suspect’s property or control

Probable Cause

a set of facts that would induce a reason to believe that a crime was committed and this person more likely than not did it

A search warrant must be approved by

the district attorney

a search warrant must be signed by

a magistrate or judge within the jurisdiction of the matter

When must a search warrant by conducted

within 72 hours, between 6 am-10 pm (reasonable hours), and must knock and announce 3 times

Exclusionary Rule

holds that evidence legally seized by the police in violation of the defendant’s constitutional rights cannot be used in trial

Weeks vs US (1914)

the first landmark case concerning search and seizure

applied the exclusionary rule to federal officers only

Mapp vs Ohio (1961)

The exclusionary rule applied to the states

the search warrant was only for her boyfriend (the person) they searched a small case found child pornography

State officials

all officers within a state, could be local, municipal, or state

Writ of Certiorari

a writ issued from an appellate (appeals) court for the purpose of obtaining the lower court record of a particular case

a mechanism for discretionary review- checks and balances

Fruit of the Poisonous tree doctrine

evidence later developed as a result of illegal search and seizure is excluded from trial

Mapp v Ohio

Good faith exceptions to the exclusionary rule

allows evidence seized on the basis of good faith but later shown to be a mistake, to be used in court

ex. evidence gathered under a warrant that was later determined to be defective

magistrate fault

Example of good faith exception

information may have been wrong, owner of residence or exact address is wrong- errors that are not intentional

Warrantless Searches

most police searches are conducted without a warrant, incident to arrest is limited to the area within a suspects IMMEDIATE control

within arms reach

Chimel v California 1969

burglary/stolen coins - clothes were not in immediate possession but in another room

resulted in many rules for law enforcement based of the court’s interpretation of the 4th amendment

Minnesota v Carter 1998

observed bagging cocaine through a window, appealed as not in plain view because the officer had to look through a window

Minnesota v Carter 4th amendment

reasonable expectation of privacy

Georgia v Randolph 2006

consent of the wife

Officers may not conduct a warrantless search if one of the residents gives permission, but the other refuses

Exceptions to Warrants

Plain view and exigent circumstances,

Plain View

officers may seize evidence in plain view without a warrant if they are in a place where they have a legal right to be

has to recognize immediately it’s illegal

Exigent circumstances

emergency searches involve warrantless searches which are justified on the basis of same immediate and overriding need

Three treats provide justification for warrantless action

clear danger to life, clear danger of escape, and clear danger of the removal or destruction

Arrest

with or without a warrant

form of seizure under the 4th amendment

the act of taking someone into physical custody by authority of law to change that person with a crime, probable cause

Investigative detention

not the same as an arrest, a temporary detention for investigative purposes based on reasonable suspicion

totality of the circumstances

the big picture

Searches incident to arrest

Terry v Ohio

Terry v Ohio 1968

liquor store, robbery suspicion, they were all felons with guns

Stop and Frisk or Terry stop

a warrantless search of an arrested individual to ensure the safety of an officer, only the outer layer of clothing

Reasonable Suspicion

the belief that would justify an officer in making a further inquiry or in conducting a further investigation, sufficient for investigative detention not an arrest

NOT A SEIZURE

Emergency searches of persons

fall under exigent circumstances exception

guidelines for conducting searches, probable cause at the time of the search to believe that evidence was concealed

Vehicle Searches

no warrant if probable cause

motor vehicles create a special problem for law enforcement, due to their mobility

Fleeting-target exception

exception to the exclusionary rule that permits police to search a motor vehicle based on probable cause but without a warrant

justified by the fact that vehicles are highly mobile and can leave-exigent circumstance

Roadblock and Checkpoints

community interests may require temporary suspension of personal liberty even if probable cause is lacking

Suspicion less searches

a warrantless search conducted when a person is not suspected of a crime

customs, tsa

5th amendment

police interrogation, due process

protects us from delf incrimination with law enforcement or answer questions or submit DNA for testing (except DUI)

O’Connell warning

Brown v Mississippi 1936

physical abuse cannot be used during interrogation to obtain a confession or elicit information from a suspect

Ashcraft v Tennessee 1944

5th amendment prohibits inherent coercion during interrogation

The Miranda Decision, Miranda v Arizona 1966

two prong

must be in custody and being questioned

Miranda Rights include

aspects from both the 5th and 6th amendments

Waiver of Miranda Rights

suspects may wave their Miranda rights through Voluntary, Knowing, and Intelligent waiver

Voluntary

No threats, promises, or coercion

Knowing

the suspect must be advised of rights, must be in a condition to understand them

Intelligent

suspect must understand the consequences of not invoking rights

2 exceptions to the Miranda Rights

Inevitable discovery and public safety

Inevitable discovery

evidence gathered inappropriately can be used in court if it would invariably turn up in the normal course of events

Nix v Williams 1984

Public Safety Exception

overriding considerations of public safety may negate the Miranda requirement in order to prevent further harm

New York v Quarles 1984, gun in display case

Electronic Communications Privacy Act 1986

established the due-process requirements police must meet to legally intercept wire communications

3 areas the ACP act covers

wiretaps and bugs, pen registers recording numbers dials, and tracing devices

Cyber Security Information Sharing Act

designed to improve cybersecurity in the US by facillitating info sharing about cybersecurity threats

allows for easy sharing of internet traffic info between gov and technology companies