CJC 101 - Chapter 6

The 4th Amendment

Protects against warrantless, “unreasonable searches & seizures”

Establishes requirements of “probable cause” for search warrant

Search Warrant

Written order, issued by a judge, to search

4 Sources

Personal observation: police observe or can make an educated inference

Information: information, believed to be reliable, from a victim/witness/informant

Evidence: items in plain view

Association: person associating with known criminals in a known crime area

**Does not need to have all four sources

Particularity Requirement

Specific information on the search

Exactly who, what, when, & here is being searched

Exactly what is being searched for

Seizure

Forcible taking of person and/or property in response to a law violation

4 Categories

Items resulting from a crime (stolen goods)

Inherently illegal items (drugs)

Items deemed “evidence” of a crime (the bloodstained knife)

Items used to commit the crime (lock pick)

Exclusionary Rule

Prohibits use of illegally obtained evidence in court

‘Fruit of the Poisoned Tree’ Rule

Illegally obtained evidence used to obtain other secondary evidence

Secondary evidence is also illegal & prohibited from use

“Inevitable Discovery” Exception

Illegally obtained evidence can be admissible if PD-using lawful means-would have discovered it later

“Good Faith” Exception

Evidence acquired using a technically invalid warrant can be admissible if officer was unaware & acted in “good faith”

Katz v. United States

A search is a governmental intrusion on a citizen’s reasonable expectation of privacy

4th amendment protects people, not places (closed phone booth)

California v. Greenwood

Privacy forfeited when using public trash pickup

Reilly v. California

No warrantless search & seizure of a cell phone’s digital content during arrest

Searches Incidental to Arrest (1st most common)

Search area within an “arm’s reach”

Search of the person

Search allowed because of need for PD to: confiscate weapons & protect evidence from destruction

Consent Searches of Persons (2nd most common)

Person voluntarily gives consent to search person and/or property

Person’s age, intelligence, & physical condition

Whether coercive behavior was used by PD

Location and/or length of PD questioning

Consent Searches of Vehicles

Vehicle =/ home’s reasonable expectation of privacy

Home > Vehicle

Plain View Doctrine

Objects may be seized as evidence without a warrant

4 Necessary Criteria

Item in officer’s view

Officer legally justified to be in the location

Discovery of an item is inadvertent

Officer immediately recognizes the item is illegal in nature

**Must have all four

Stop

“Investigatory stop” where officer briefly detains a person they reasonably believe to be suspicious

Frisk

“Protective measure” where officer pat down/frisk a person’s outer clothing for weapons

Arrest

Criminal suspect taken into custody on criminal charge(s)

“Knock & Announce” Requirement

PD must announce identity & purpose before entering a home (~5 to 25 seconds)

Exigent Circumstances Exception

Certain Conditions when PD does not have to announce

Suspect is armed & poses a violent threat

Person is destroying evidence

Suspect is escaping

Felony in-progress

**Can be any of them

Without a Warrant (most common)

Arrests made at/near a crime scene

Officer witnessed a crime (felony and/or misdemeanor)

5th Amendment

No self-incrimination, right to remain silent

6th Amendment

Right to an attorney

Miranda v. Arizona

Centered on evidence extracted in PD interrogation/questioning

Public knowledge/understanding of key constitutional rights

Every suspect needs protection from PD coercion

Establishes procedural requirement of reading rights to those in police custody

Miranda is Not Required When

Routine booking questions

Witness questioning

Volunteered information, not asked for by PD

Suspect gives private statement to 3rd party; 3rd party tells PD

Routine procedures (stop & frisk, traffic stops)

Voluntarily waive Miranda rights

Understand & acknowledge Miranda rights

“Knowingly & intelligently” waive orally or in writing