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probable cause vs. reasonable suspicion, search & seizures, and racial profiling Fourth Amendment notes
I. The Fourth Amendment A. From the Bill of Rights of the US Constitution: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
I. The Fourth Amendment, Cont. B. No unreasonable search and seizure 1. Must have a search warrant 2. Has to be supported by probable cause C. Requirements of probable cause 1. Likelihood that a crime was committed and that the suspect committed it. a. Suspicion does not equal probable cause! 2. Sources: personal observation, information, evidence, and association D. Exclusionary rule: Any improperly obtained evidence is inadmissable in court.
II. Probable cause vs. Reasonable Suspicion A. Terry vs. Ohio (1968) 1. Police must have "specific and articulable facts” to stop people a. facts may be “taken together with rational inferences” based on police experience. B. To make a stop--need reasonable suspicion. Purpose is investigative. Can frisk. C. To make an arrest—need probable cause. Purpose is to make a formal charge. Can search. D. Most arrests are made without warrants. Have to prove to the judge later that there was probable cause.
III. Search and Seizure A. Right to privacy protected from unreasonable searches: 1. Individuals must prove they expected privacy. 2. Society must see that expectation as reasonable. ex: Phone booth--yes, garbage--no 3. However, privacy rights are superceded by reasonable suspicion B. Police can obtain search warrants to show they have not infringed on reasonable expectations of privacy. 1. Must state specific place 2. Must state specific person or items to be seized
III. Search and Seizure, Cont. 3. Categories of items that can be seized: a. Items resulting from crime (eg. stolen goods) b. Items illegal for anyone to possess c. Items that could be "evidence" of crime (eg. blood-soaked gloves) d. Items used to commit crimes
III. Search and Seizure, Cont. C. Warrantless searches or seizures that are legal: 1) Incidental to arrest--limited to areas within a person’s control (“arm’s reach”) 2) Consent given (you do not have to give police permission to search, and they do not have to tell you that you have a choice.) 3) Stop and frisk 4) Hot pursuit-if a person who the police are chasing enters a building, the police can enter the building. 5) "Moveable exception"--can search cars on probable cause. 6) If it's in plain sight, police don't need probably cause to seize something.
IV. Racial Profiling A. Sometimes nicknamed "Driving While Black" B. Occurs when a police action is initiated by the race, ethnicity, or national origin of the suspect, rather than by any evidence or information that the suspect has broken the law. C. Is rarely an official policy, but many think that it is unofficially widespread D. Whren vs. United States (1996)--Supreme Court ruled that as long as police have objective probable cause to believe a traffic violation or wrongdoing has occurred, any other reasons for the stop will not be considered by the court--it has met the 4th Amendment standard.