Those are complex issues with reasonable arguments on both sides. Overall, Miranda seeks to balance law enforcement needs with protecting individual rights.

1. P ICE AND T E
OL H
CONST UT
IT ION:
T E RUL S OF L
H E AW
E ORCE E
NF M NT

2. The fourth amendment contains two critical
legal concepts:
 Unreasonable searches and seizures
 The requirement of probable cause to issue a
warrant

3.  Outline the four major sources that may provide
probable cause.

4. Sources of Probable Cause:
 Personal observation
 Information
 Evidence
 Association

5.  Explain the exclusionary rule and the exceptions
to it.

6. The Exclusionary Rule:
 Prohibits the use of illegally obtained evidence in
court
The Fruit of the Poisoned Tree:
 Evidence obtained through illegally obtained
evidence is also inadmissible

7. Exceptions to the exclusionary rule:
 Inevitable discovery
◦ Brewer v. Williams (1977)
◦ Nix v. Williams (1984)
 Good Faith
◦ United States v. Leon (1984)

8.  Distinguish between a stop and a frisk, and
indicate the importance of the case Terry v. Ohio.

9. A stop is the brief detention of a person by
the police for questioning. A stop requires
reasonable suspicion.
A frisk is a pat-down or minimal search by
police to discover weapons. It is conducted
for the protection of the officer.

10. Stops and Frisks are governed by:
 Reasonable suspicion
 Terry v. Ohio (1968)
 The “totality of the circumstances”

11.  List the four elements that must be present for an
arrest to take place.

12. 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

14. 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.

15. 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.

16.  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)

17.  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

18.  List the four categories of items that can be seized
by use of a search warrant.

19. Four categories of items that can be seized
by 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

20.  Explain when searches can be made without a
warrant.

21.  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)

22.  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)

23.  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

25. 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

26.  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

27.  Indicate situations in which a Miranda warning is
unnecessary.

28.  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

29.  Voluntary Statements
 Recording Confessions

31.  Questions:
◦ Do you believe a Miranda warning is necessary to
prevent individuals from falsely confessing?
◦ How may recent court decisions that erode Miranda
impact the criminal justice system?