P ICE AND T E OL HCONST UT IT ION:T E RUL S OF L H E AWE ORCE E NF M NT
The fourth amendment contains two criticallegal concepts: Unreasonable searches and seizures The requirement of probable cause to issue a warrant
Outline the four major sources that may provide probable cause.
Sources of Probable Cause: Personal observation Information Evidence Association
Explain the exclusionary rule and the exceptions to it.
The Exclusionary Rule: Prohibits the use of illegally obtained evidence in courtThe Fruit of the Poisoned Tree: Evidence obtained through illegally obtained evidence is also inadmissible
Exceptions to the exclusionary rule: Inevitable discovery ◦ Brewer v. Williams (1977) ◦ Nix v. Williams (1984) Good Faith ◦ United States v. Leon (1984)
Distinguish between a stop and a frisk, and indicate the importance of the case Terry v. Ohio.
A stop is the brief detention of a person bythe police for questioning. A stop requiresreasonable suspicion.A frisk is a pat-down or minimal search bypolice to discover weapons. It is conductedfor the protection of the officer.
Stops and Frisks are governed by: Reasonable suspicion Terry v. Ohio (1968) The “totality of the circumstances”
List the four elements that must be present for an arrest to take place.
The elements of arrest: The intent to arrest The authority to arrest Seizure or detention The understanding of a person that they have been arrested
Arrests with a warrant: Officers are required to knock and announce their presence. Wilson v. Arkansas (1967). Under certain exigent circumstances officers do not need to announce themselves: ◦ The suspect is armed and dangerous. ◦ Evidence is being destroyed. ◦ A felony is in progress.
Arrests without a warrant: The arrest is committed in the presence of the officer. The officer has knowledge a crime was committed and probable cause to believe the crime was committed by a particular person.
The Role of Privacy in Searches ◦ Katz v. United States (1967) A person must show they have an expectation of privacy That expectation must be reasonable ◦ Greenwood v. California (1988)
Search warrants must demonstrate: ◦ Information showing probable cause that a crime has been or will be committed ◦ Specific information on the premises to be searched, the suspects to be found and the items to be seized
List the four categories of items that can be seized by use of a search warrant.
Four categories of items that can be seizedby use of a search warrant: Items that resulted from a crime Items that are inherently illegal for anyone to possess Items that can be called “evidence” of a crime Items used in committing the crime
Explain when searches can be made without a warrant.
Searches incidental to arrest ◦ United States v. Robinson (1973) The officer’s need to confiscate any weapons the suspect may be carrying The need to protect any evidence on the suspect’s person from being destroyed ◦ Chimel v. California (1969)
Searches with consent ◦ Schneckcloth v. Bustamonte (1973) ◦ Florida v. Bostick (1991) Searches of automobiles ◦ The Carroll Doctrine ◦ Whren v. United States (1996) ◦ Maryland v. Wilson (1997)
Plain view doctrine ◦ New Hampshire v. Coolidge (1971) The item is positioned in the officer’s view The officer is legally in a position to notice the item The discovery of the item is inadvertent The officer immediately recognizes the illegal nature of the item
Electronic surveillance can only be used: If consent is given by one of the parties Or there is a warrant authorizing the activity and: ◦ Names the persons under surveillance ◦ Details the conversations to be recorded ◦ Shows probable cause that a crime has been committed
The Legal Basis for Miranda When a Miranda Warning is Required ◦ When a suspect is under arrest ◦ And is being questioned about an ongoing investigation
Indicate situations in which a Miranda warning is unnecessary.
When Miranda is Not Required: ◦ When police do not ask suspect questions that are testimonial in nature ◦ When the police have not focused on a suspect and are questioning witnesses at the scene ◦ When a person volunteers information before being asked ◦ When the suspect has given a private statement ◦ During a stop and frisk when no arrest has been made ◦ During a traffic stop