con law 4/2

Overview of Constitutional Safeguards and Criminal Justice

  • The U.S. Constitution aims to protect individuals' liberties, particularly in the context of criminal justice.

    • Severe infringements of liberty, such as imprisonment, necessitate strict procedural protections.

    • The government must follow a lengthy set of steps before incarcerating someone.

  • Historical Context of Constitutional Safeguards

    • Historically, rights of criminal defendants were not as strongly interpreted as today.

    • Reforms occurred during the Warren Court era of the 1950s and 1960s, promoting stronger rights for defendants.

    • Landmark cases include:

    • Mapp v. Ohio (1961)

    • Escobedo v. Illinois (1964)

    • Brady v. Maryland (1963)

    • Recent cases (1990s-2000s) have upheld liberal precedents but have introduced exceptions and nuances.

The Fourth Amendment

  • The Fourth Amendment protects individuals from unreasonable searches and seizures.

  • Key components include:

    • Individuals have the right to be secure in their persons, houses, papers, and effects.

    • Authorities cannot issue warrants without probable cause, supported by oath or affirmation, and must state the specific place and person involved.

Interpretation of the Fourth Amendment

  • Challenges arise in defining:

    • What constitutes a search?

    • What counts as probable cause?

    • What qualifies as an unreasonable search and seizure?

Notable Cases on Searches and Seizures

Hester v. United States (1924)

  • Case revolves around the police pursuit of a suspect who drops a whiskey bottle during flight.

  • Court ruled the incident did not constitute an unreasonable search since evidence was voluntarily discarded.

Olmstead v. United States (1928)

  • Concerned wiretapping phone lines.

  • The Court ruled that wiretaps do not constitute a search since phone lines were not classified under 'persons' or 'effects'.

    • Reflected the trespass doctrine, where searches were only recognized if police physically entered premises.

Katz v. United States (1967)

  • Overturned the Olmstead decision, establishing that a reasonable expectation of privacy activates Fourth Amendment protections.

  • Example: Private conversations in a home are presumed private.

Aerial Surveillance and Privacy Expectations

  • Supreme Court cases from the 1980s ruled aerial photography does not constitute a search due to lack of expectation of privacy in visible areas.

  • This raises questions about privacy expectations in one's home versus the public eye.