Chapter 8 All Notes CJS

Page 1: Exceptions to Searches

• Three Major Exceptions:

  • Independent Source: Evidence obtained from a separate lawful procedure is admissible.

  • Good Faith: Evidence collected in the belief that it was obtained legally may still be permitted, even if it ends up being invalid.

  • Inevitable Discovery: Evidence that would have been discovered lawfully regardless of the illegal action is admissible.

Page 2: The Exclusionary Rule

• Overview:

  • All evidence acquired through illegal searches and seizures is inadmissible in criminal trials.

  • Violates the 4th Amendment right against unreasonable searches.

  • Extended to include "fruit of the poisonous tree" - which refers to indirect evidence.

• Pretrial Identification - Lineup:

  • Suspect viewed by a witness in a lineup to identify.

  • A primary method for police to identify suspects.

  • Legal concern: whether the procedure is suggestive and violates the due process of the Fifth and Fourteenth Amendments.

Page 3: Pretrial Identification - Booking

• Booking:

  • Administrative record of an arrest detailing:

    • Offender's name, address, physical description, and date of birth.

    • Time of arrest, offense, and name of the arresting officer.

• A Changing of the Rule with the Miranda Decision:

  • The Supreme Court has made modifications to the Miranda rule over the years, mostly relaxing the requirements.

  • The overall effect of the Miranda rule on law enforcement, such as lost convictions, remains minimal.

Page 4: Interrogation - Miranda Decision

• Miranda Warning:

  • Police must inform individuals in custody of their rights, particularly under the Fifth Amendment to avoid self-incrimination.

  • Rights Listed in Miranda Warning:

    1. Right to remain silent.

    2. Anything said can be used against them in court.

    3. Right to consult with a lawyer before questioning.

    4. Right to have a lawyer appointed if unable to afford one.

    5. Right to decide freely whether to speak to police.

• Waiver:

  • Officers must confirm understanding of rights and willingness to proceed with questioning.

Page 5: Electronic Surveillance

• Key Federal Legislation:

  • Federal Wiretap Act (1968, 1986).

  • Foreign Intelligence Surveillance Act (1978, 2008).

  • Patriot Act (2001).

• Local Technologies:

  • Advancements include surveillance cameras and GPS tracking devices.

• The Plain View Doctrine:

  • Officers may seize evidence in plain view without a warrant if they are engaged in a lawful search with probable cause.

  • A crime observed in an officer's presence allows for a warrantless arrest.

Page 6: Consent Searches

• Characteristics:

  • Do not require warrants or probable cause.

  • Voluntariness: consent must be given without duress.

  • Third-party Consent: Searches that come from consent by an individual other than the target of the search, like during bus sweeps.

  • Informed parties must feel "free to go" to ensure consent is valid.

Page 7: 4 Elements To a Motor Vehicle Search

• Conditions for Search:

  1. Probable cause: A fair probability evidence is present.

  2. Not on Curtilage: Vehicle must be off the immediate property.

  3. Apparently Mobile: Vehicle needs to appear drivable.

  4. Conducted like a Warrant: Search procedures must follow warrant guidelines.

Page 8: Clarifications on Condition of Search

• Apparently Mobile: Vehicle can seem functional; does not have to operate.

• Not on Curtilage: If on private grounds, additional justification is needed beyond the auto exception.

Page 9: Probable Cause Defined

• Definition:

  • Fair probability of discovering evidence in a vehicle—absolute certainty is unnecessary.

  • The automobile exception allows searches for evidence and contraband without a warrant.

Page 10: Warrantless Searches of Automobiles

• Permitted Searches:

  • If probable cause exists, cars can be searched without a warrant.

  • Scope includes driver, passengers, and any containers found inside.

  • Searches can be prompted by pretext stops or roadblocks but must remain reasonable.

Page 11: Warrantless Searches Incident to Arrests

• Timing:

  • Must occur at the time of or immediately after an arrest.

  • Limited to the suspect and their immediate surrounding area.

Page 12: Stop & Frisk

• Two Separate Acts:

  • Each requires the officer to have reasonable suspicion based on training and experience.

Page 13: Exigent Circumstances

• Definitions:

  • Includes danger of escape, evidence threats, or threats to individuals’ safety, such as in active shooter situations.

Page 14: 4th Amendment Exceptions

1. Exigent circumstances

2. Stop-and-frisk procedures

3. Searches incident to lawful arrest

4. Automobile searches

5. Consent searches

6. Searches based on plain view doctrine

7. Crimes committed in an officer's presence

Page 15: Serving the Warrant

• Procedural Steps:

  • Knock and announce prior to entry.

  • Minimize property damage.

  • Use appropriate force.

  • Adhere to time constraints with search warrants.

  • Limit scope and manner of searches; restrict media presence.

Page 16: Particularity Requirement in Searches

• Search specific items:

  • Items must be clearly and specifically named, e.g., electronic devices, firearms, drugs, etc.

• Arrest warrant specifics:

  • Must specifically name individuals to be arrested.

Page 17: Probable Cause Explained

• Definition:

  • A reasonable belief relating an offense to specific people, places, or objects.

• Sources of Information:

  • May include firsthand knowledge, informants, and anonymous or phone tips.

Page 18: Warrant Requirements

1. Probable cause.

2. Neutral and detached magistrate.

3. Particularity in the search warrant.

• When are Warrants Required:

  • Required for searches/arrests in private homes or specific properties.

  • Needed for arrests of minor offenses not witnessed by the arresting officer.

Page 19: Search & Arrest Warrant Defined

• Search Warrant:

  • Issued by a judge directing officers where to search and what to find.

• Arrest Warrant:

  • Directs officers to arrest a specific individual.

• Defining an Arrest:

  • An arrest is classified as a seizure per the 4th Amendment.

Page 20: Defining a Search - 4th Amendment

• What is Not a "Search"?:

  • Abandoned property, open fields, and aerial flyovers do not count as searches.

Page 21: The 4th Amendment Framework

• Overview:

  • Governs searches and seizures with two critical clauses:

    1. The reasonableness clause.

    2. The warrants clause.

• Key Questions:

  • What is deemed reasonable? Who determines this?

  • Can consistency in reasonableness be maintained across different cases?