This document summarizes key concepts related to the 4th Amendment. It defines search and seizure and explains that the 4th Amendment prohibits unreasonable searches and seizures by government agents. It also discusses the exclusionary rule, which prevents illegally obtained evidence from being used in court, and exceptions like stops, frisks, searches incident to arrest, and the plain view doctrine. Overall it provides an overview of 4th Amendment protections against unlawful searches and seizures.
This document provides an overview of the 4th Amendment and key concepts related to constitutional searches and seizures. It discusses that the 4th Amendment protects against unreasonable searches and seizures by the government. It establishes that a warrant is generally required for a search or seizure, and that warrants must be based on probable cause. The document examines the clauses of the 4th Amendment, what constitutes a reasonable search, reasonable expectation of privacy, and probable cause. It explores the different sources of establishing probable cause and discusses search and arrest warrants.
The document is an interactive online lesson about the Fourth Amendment of the US Constitution. It covers key topics like probable cause, reasonable suspicion, examples of reasonable vs unreasonable searches. Users can navigate between pages on the main topics using blue hyperlinks. Short videos and a quiz are also included to help explain the concepts.
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. It requires that searches be approved by a warrant, which requires probable cause. The exclusionary rule was created to discourage law enforcement from violating citizens' Fourth Amendment rights by excluding illegally obtained evidence from trials. Over time, the Fourth Amendment has been interpreted to provide additional privacy protections against government overreach.
The Fourth Amendment protects against unreasonable searches and seizures. It was incorporated against the states through the Fourteenth Amendment. There is no reasonable expectation of privacy in open fields, abandoned property, or areas impliedly open to the public. Searches generally require a warrant based on probable cause, though there are exceptions such as consent, exigent circumstances, and searches incident to arrest. Evidence obtained in violation of the Fourth Amendment is generally inadmissible due to the exclusionary rule.
This document provides an overview of the 4th Amendment and constitutional searches and seizures. It discusses key concepts like the reasonableness clause, warrant clause, probable cause, and the continuum of contacts between law enforcement and the public. It explains that the 4th Amendment aims to balance security and privacy by allowing limited government searches and seizures if they are reasonable or supported by a warrant and probable cause. It also summarizes the landmark Terry v. Ohio Supreme Court case that established the legality of brief stops and pat-downs for weapons, known as stop and frisk, based on reasonable suspicion of criminal activity.
The document discusses search and seizure law under the 4th Amendment. It defines what constitutes a search and what is not considered a search, such as searches of open fields. It discusses the Supreme Court case Oliver v. United States, which established that individuals have greater privacy protections for their homes and curtilage than open fields outside curtilage. The document also discusses warrants, probable cause, and exceptions to the warrant requirement, such as exigent circumstances, searches incident to arrest, vehicle searches, and searches based on consent or items in plain view.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
This document provides an overview of the 4th Amendment and key concepts related to constitutional searches and seizures. It discusses that the 4th Amendment protects against unreasonable searches and seizures by the government. It establishes that a warrant is generally required for a search or seizure, and that warrants must be based on probable cause. The document examines the clauses of the 4th Amendment, what constitutes a reasonable search, reasonable expectation of privacy, and probable cause. It explores the different sources of establishing probable cause and discusses search and arrest warrants.
The document is an interactive online lesson about the Fourth Amendment of the US Constitution. It covers key topics like probable cause, reasonable suspicion, examples of reasonable vs unreasonable searches. Users can navigate between pages on the main topics using blue hyperlinks. Short videos and a quiz are also included to help explain the concepts.
The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. It requires that searches be approved by a warrant, which requires probable cause. The exclusionary rule was created to discourage law enforcement from violating citizens' Fourth Amendment rights by excluding illegally obtained evidence from trials. Over time, the Fourth Amendment has been interpreted to provide additional privacy protections against government overreach.
The Fourth Amendment protects against unreasonable searches and seizures. It was incorporated against the states through the Fourteenth Amendment. There is no reasonable expectation of privacy in open fields, abandoned property, or areas impliedly open to the public. Searches generally require a warrant based on probable cause, though there are exceptions such as consent, exigent circumstances, and searches incident to arrest. Evidence obtained in violation of the Fourth Amendment is generally inadmissible due to the exclusionary rule.
This document provides an overview of the 4th Amendment and constitutional searches and seizures. It discusses key concepts like the reasonableness clause, warrant clause, probable cause, and the continuum of contacts between law enforcement and the public. It explains that the 4th Amendment aims to balance security and privacy by allowing limited government searches and seizures if they are reasonable or supported by a warrant and probable cause. It also summarizes the landmark Terry v. Ohio Supreme Court case that established the legality of brief stops and pat-downs for weapons, known as stop and frisk, based on reasonable suspicion of criminal activity.
The document discusses search and seizure law under the 4th Amendment. It defines what constitutes a search and what is not considered a search, such as searches of open fields. It discusses the Supreme Court case Oliver v. United States, which established that individuals have greater privacy protections for their homes and curtilage than open fields outside curtilage. The document also discusses warrants, probable cause, and exceptions to the warrant requirement, such as exigent circumstances, searches incident to arrest, vehicle searches, and searches based on consent or items in plain view.
There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
This document summarizes key aspects of Fourth Amendment search and seizure law, including requirements for search warrants, exceptions to the warrant requirement, and analyses of relevant Supreme Court cases. It discusses the reasonable expectation of privacy test, probable cause standard, and exclusionary rule. It also outlines exceptions such as search incident to arrest, automobile exception, plain view doctrine, consent searches, and inventory searches.
The document discusses rights protected under the Fifth Amendment, including the right against self-incrimination. It summarizes several important Supreme Court cases that have shaped Fifth Amendment protections, such as Miranda v. Arizona which established that suspects in custody must be informed of their rights before interrogation. The document also discusses exceptions to Miranda such as public safety interrogations, and the totality of circumstances test used to determine if a confession was voluntarily made.
This document discusses a lawsuit brought by Abigail Fisher, a white student who was denied admission to the University of Texas at Austin. She sued the university, claiming her rejection was due to her race. The case discusses affirmative action policies and whether they constitute racial discrimination in college admissions. Elena Kagan recused herself from the case, and Anthony Kennedy expressed doubts about forbidding any consideration of race in admissions decisions.
The document discusses the fundamental rules of search and seizure under the 4th Amendment. It must involve governmental action that violates a person's reasonable expectation of privacy. General searches are unlawful and searches must be limited in scope based on probable cause and particularly describing the place and things to be seized. There are exceptions to the warrant requirement such as consent searches, searches incident to arrest, vehicle searches, and exigent circumstances. The document provides numerous examples of Supreme Court cases related to search and seizure law.
This document summarizes key aspects of the 4th Amendment regarding search and seizure. It outlines the differences between probable cause and reasonable suspicion, with probable cause requiring a likelihood of criminal activity and reasonable suspicion only requiring articulable facts. It also discusses allowable warrantless searches incident to arrest, with consent, or in hot pursuit. The document notes that while racial profiling is not official policy, some believe it occurs unofficially when race rather than evidence prompts police action.
1. The document discusses various types of searches permitted under the 4th Amendment, including searches with a warrant, consent searches, frisks, plain view searches, and searches incident to lawful arrest.
2. It explains the fundamental rules for constitutional searches, such as requiring governmental action and a reasonable expectation of privacy. Searches must also be limited in scope and not be general exploratory searches.
3. The document provides numerous Supreme Court cases that have helped define the scope and limitations of different types of searches, such as establishing the plain feel doctrine and limiting consent searches to voluntary consent without coercion.
This document discusses search warrants and their application to digital evidence collection. It notes that search warrants are generally required to search a person, place or thing, with some exceptions. When conducting searches related to digital evidence, affidavits may need to establish probable cause using technical experts, civilian experts may need to assist, and unusual handling of evidence may require court approval. The document provides guidance on writing affidavits and search warrants to clearly explain technical details to courts in a way judges can understand.
This document discusses exigent circumstances as an exception to the Fourth Amendment's warrant requirement. It provides context on how exigent circumstances allow for warrantless searches and seizures when law enforcement officers do not have time to obtain a warrant due to an emergency. The document also examines factors courts consider in determining whether exigent circumstances existed, such as the gravity of the offense and risk of evidence destruction. It analyzes the balancing test used by courts to evaluate if a warrantless search was reasonable based on the need to act without a warrant versus the level of intrusion.
Chapter 10 - The Fifth Amendment: Obtaining Information Legallylisajurs
The document summarizes key aspects of the Fifth Amendment, including the right against self-incrimination, due process rights, and how these rights apply in criminal interrogations and confessions. It discusses landmark Supreme Court cases that have shaped Fifth Amendment jurisprudence, such as Miranda v. Arizona, which established that suspects in custody must be informed of their rights before questioning. The document also covers exceptions to Miranda warnings, such as for public safety questions.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses the 4th Amendment and its implications for patrol deputies. It protects against unreasonable searches and seizures and requires warrants be based on probable cause. Searches are allowed with consent, warrants, or under exigent circumstances like life-threatening situations. Arrests also require probable cause and can be made under or without a warrant depending on the type of offense. Private persons can make arrests but deputies must ensure arrests are lawful or reasonably believed to be.
The document discusses the history and interpretation of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. It outlines that the Fourth Amendment requires warrants based on probable cause for searches and seizures, with some exceptions. It also discusses the exclusionary rule which bars illegally obtained evidence, and challenges around applying the Fourth Amendment to new technologies.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Triallisajurs
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14Joni Schultz
This memorandum analyzes the legality of the search and arrest of Sonny Barker. It summarizes that Officer Dillion initially stopped Barker for a traffic violation when his vehicle registration tags were expired. Barker could not produce his license or registration since the vehicle belonged to his mother. Barker consented to a search of the vehicle, where Officer Dillion found marijuana. Barker was then arrested. The memorandum analyzes whether the initial stop, search, and Barker's consent were valid under the Fourth Amendment. It also discusses if Officer Dillion properly accessed Barker's email without a warrant.
LAW 201 - Ch 2 Organization of the CJ Systemrharrisonaz
The criminal justice system in the United States consists of 51 separate systems - one federal system and 50 state systems. Each system has legislative bodies that enact criminal laws, law enforcement agencies that enforce the laws, prosecutors that pursue criminal charges, defense attorneys, courts to try cases, and corrections agencies to incarcerate or supervise those convicted of crimes. Within each system, the various components work together to investigate, charge, try, convict, and sentence those accused and convicted of criminal offenses.
Rights of the Accused: The 5th AmendmentLina Nandy
The document summarizes the 5 rights guaranteed by the 5th Amendment of the US Constitution: 1) Right to a grand jury, 2) Protection against double jeopardy, 3) Right against self-incrimination, 4) Right to due process, and 5) Protection from eminent domain seizures without just compensation. It provides examples and additional details about each right to further explain what they mean and how they apply.
The document discusses several topics related to crimes, including:
1) The nature and elements of crimes, constitutional limitations on criminal law, criminal procedure, and constitutional protections.
2) Key Supreme Court cases like U.S. v. Sun-Diamond Growers and Arthur Andersen v. U.S. that interpret criminal statutes and jury instructions.
3) Constitutional rights like those protected by the 4th, 5th, and 6th Amendments that place limitations on criminal law and procedure.
This document summarizes the fundamental rules of search and seizure under the 4th Amendment. It discusses the requirements for warrants including probable cause and particularity. It also examines exceptions to the warrant requirement such as consent searches, searches incident to arrest, the automobile exception, and exigent circumstances. The document uses Supreme Court cases like Carroll v. United States to illustrate how these rules and exceptions have been applied.
The document compares criminal procedures in US federal courts and at the International Criminal Court (ICC). Both systems have similar stages in the criminal process including investigation, application for an arrest warrant from a judicial body, arrest, initial detention hearing, and formal charges. However, the ICC relies on state parties for arrests while the US uses law enforcement. The ICC also does not have jury trials like the US. Overall, both systems aim to protect defendants' rights during criminal proceedings.
The Fourth Amendment protects citizens from unreasonable searches and seizures by law enforcement. It requires that searches be conducted only with warrants issued by a judge based on probable cause. The exclusionary rule was created to discourage law enforcement from violating the Fourth Amendment by excluding illegally obtained evidence from criminal trials.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses rights protected under the Fifth Amendment, including the right against self-incrimination. It summarizes several important Supreme Court cases that have shaped Fifth Amendment protections, such as Miranda v. Arizona which established that suspects in custody must be informed of their rights before interrogation. The document also discusses exceptions to Miranda such as public safety interrogations, and the totality of circumstances test used to determine if a confession was voluntarily made.
This document discusses a lawsuit brought by Abigail Fisher, a white student who was denied admission to the University of Texas at Austin. She sued the university, claiming her rejection was due to her race. The case discusses affirmative action policies and whether they constitute racial discrimination in college admissions. Elena Kagan recused herself from the case, and Anthony Kennedy expressed doubts about forbidding any consideration of race in admissions decisions.
The document discusses the fundamental rules of search and seizure under the 4th Amendment. It must involve governmental action that violates a person's reasonable expectation of privacy. General searches are unlawful and searches must be limited in scope based on probable cause and particularly describing the place and things to be seized. There are exceptions to the warrant requirement such as consent searches, searches incident to arrest, vehicle searches, and exigent circumstances. The document provides numerous examples of Supreme Court cases related to search and seizure law.
This document summarizes key aspects of the 4th Amendment regarding search and seizure. It outlines the differences between probable cause and reasonable suspicion, with probable cause requiring a likelihood of criminal activity and reasonable suspicion only requiring articulable facts. It also discusses allowable warrantless searches incident to arrest, with consent, or in hot pursuit. The document notes that while racial profiling is not official policy, some believe it occurs unofficially when race rather than evidence prompts police action.
1. The document discusses various types of searches permitted under the 4th Amendment, including searches with a warrant, consent searches, frisks, plain view searches, and searches incident to lawful arrest.
2. It explains the fundamental rules for constitutional searches, such as requiring governmental action and a reasonable expectation of privacy. Searches must also be limited in scope and not be general exploratory searches.
3. The document provides numerous Supreme Court cases that have helped define the scope and limitations of different types of searches, such as establishing the plain feel doctrine and limiting consent searches to voluntary consent without coercion.
This document discusses search warrants and their application to digital evidence collection. It notes that search warrants are generally required to search a person, place or thing, with some exceptions. When conducting searches related to digital evidence, affidavits may need to establish probable cause using technical experts, civilian experts may need to assist, and unusual handling of evidence may require court approval. The document provides guidance on writing affidavits and search warrants to clearly explain technical details to courts in a way judges can understand.
This document discusses exigent circumstances as an exception to the Fourth Amendment's warrant requirement. It provides context on how exigent circumstances allow for warrantless searches and seizures when law enforcement officers do not have time to obtain a warrant due to an emergency. The document also examines factors courts consider in determining whether exigent circumstances existed, such as the gravity of the offense and risk of evidence destruction. It analyzes the balancing test used by courts to evaluate if a warrantless search was reasonable based on the need to act without a warrant versus the level of intrusion.
Chapter 10 - The Fifth Amendment: Obtaining Information Legallylisajurs
The document summarizes key aspects of the Fifth Amendment, including the right against self-incrimination, due process rights, and how these rights apply in criminal interrogations and confessions. It discusses landmark Supreme Court cases that have shaped Fifth Amendment jurisprudence, such as Miranda v. Arizona, which established that suspects in custody must be informed of their rights before questioning. The document also covers exceptions to Miranda warnings, such as for public safety questions.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses the 4th Amendment and its implications for patrol deputies. It protects against unreasonable searches and seizures and requires warrants be based on probable cause. Searches are allowed with consent, warrants, or under exigent circumstances like life-threatening situations. Arrests also require probable cause and can be made under or without a warrant depending on the type of offense. Private persons can make arrests but deputies must ensure arrests are lawful or reasonably believed to be.
The document discusses the history and interpretation of the Fourth Amendment to the U.S. Constitution, which protects against unreasonable searches and seizures. It outlines that the Fourth Amendment requires warrants based on probable cause for searches and seizures, with some exceptions. It also discusses the exclusionary rule which bars illegally obtained evidence, and challenges around applying the Fourth Amendment to new technologies.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Triallisajurs
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
State of Louisiana v Sonny Barker_Objective Memo_FINAL_11_30_14Joni Schultz
This memorandum analyzes the legality of the search and arrest of Sonny Barker. It summarizes that Officer Dillion initially stopped Barker for a traffic violation when his vehicle registration tags were expired. Barker could not produce his license or registration since the vehicle belonged to his mother. Barker consented to a search of the vehicle, where Officer Dillion found marijuana. Barker was then arrested. The memorandum analyzes whether the initial stop, search, and Barker's consent were valid under the Fourth Amendment. It also discusses if Officer Dillion properly accessed Barker's email without a warrant.
LAW 201 - Ch 2 Organization of the CJ Systemrharrisonaz
The criminal justice system in the United States consists of 51 separate systems - one federal system and 50 state systems. Each system has legislative bodies that enact criminal laws, law enforcement agencies that enforce the laws, prosecutors that pursue criminal charges, defense attorneys, courts to try cases, and corrections agencies to incarcerate or supervise those convicted of crimes. Within each system, the various components work together to investigate, charge, try, convict, and sentence those accused and convicted of criminal offenses.
Rights of the Accused: The 5th AmendmentLina Nandy
The document summarizes the 5 rights guaranteed by the 5th Amendment of the US Constitution: 1) Right to a grand jury, 2) Protection against double jeopardy, 3) Right against self-incrimination, 4) Right to due process, and 5) Protection from eminent domain seizures without just compensation. It provides examples and additional details about each right to further explain what they mean and how they apply.
The document discusses several topics related to crimes, including:
1) The nature and elements of crimes, constitutional limitations on criminal law, criminal procedure, and constitutional protections.
2) Key Supreme Court cases like U.S. v. Sun-Diamond Growers and Arthur Andersen v. U.S. that interpret criminal statutes and jury instructions.
3) Constitutional rights like those protected by the 4th, 5th, and 6th Amendments that place limitations on criminal law and procedure.
This document summarizes the fundamental rules of search and seizure under the 4th Amendment. It discusses the requirements for warrants including probable cause and particularity. It also examines exceptions to the warrant requirement such as consent searches, searches incident to arrest, the automobile exception, and exigent circumstances. The document uses Supreme Court cases like Carroll v. United States to illustrate how these rules and exceptions have been applied.
The document compares criminal procedures in US federal courts and at the International Criminal Court (ICC). Both systems have similar stages in the criminal process including investigation, application for an arrest warrant from a judicial body, arrest, initial detention hearing, and formal charges. However, the ICC relies on state parties for arrests while the US uses law enforcement. The ICC also does not have jury trials like the US. Overall, both systems aim to protect defendants' rights during criminal proceedings.
The Fourth Amendment protects citizens from unreasonable searches and seizures by law enforcement. It requires that searches be conducted only with warrants issued by a judge based on probable cause. The exclusionary rule was created to discourage law enforcement from violating the Fourth Amendment by excluding illegally obtained evidence from criminal trials.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The document discusses key concepts related to the 4th and 5th Amendments of the US Constitution. It defines terms like probable cause, warrants, search and seizure. It explains that the 4th Amendment was influenced by British law and prohibits general warrants, requiring probable cause and particularity. It describes how the 4th Amendment is interpreted, including when warrants are required and how the exclusionary rule enforces the Amendment. The 5th Amendment protects against self-incrimination and the Miranda Rule informs suspects of their rights.
The 4th Amendment protects citizens from unreasonable searches and seizures by law enforcement. It requires that searches be conducted with a warrant based on probable cause. A recent Supreme Court case, Riley v. California, addressed whether police could search digital data on phones seized during an arrest without a warrant. The Court ruled that a warrant is required for police to search the data of arrested individuals' phones, establishing an expectation of privacy for information on personal electronic devices. Historical cases like Entick v. Carrington influenced the drafting of the 4th Amendment by establishing that warrants must name the items to be seized and show probable cause.
This document summarizes key aspects of criminal procedure law in the United States. It discusses the purpose of criminal procedure and its derivation from the due process clauses. It outlines the main sources of criminal procedure law and covers topics like search and seizure law, the right to counsel, Miranda rights during interrogations, pretrial identification procedures, the confrontation and compulsory process clauses, and the exclusionary rule. It provides an overview of these concepts in 3 sentences or less.
The document summarizes key concepts regarding police investigations and constitutional law:
1. The 4th Amendment prohibits unreasonable searches and seizures. A search occurs when government intrudes on reasonable expectations of privacy. Stops require reasonable suspicion and arrests require probable cause.
2. Warrantless searches are allowed in some situations like exigent circumstances, consent, vehicles, or if evidence is in plain view.
3. Miranda v. Arizona requires informing suspects of their rights before questioning. The exclusionary rule bars illegally obtained evidence but has exceptions like inevitable discovery or good faith reliance on warrants.
The document summarizes key concepts regarding police investigations and constitutional law:
1. The 4th Amendment prohibits unreasonable searches and seizures. A search occurs when government intrudes on reasonable expectations of privacy, while a stop requires reasonable suspicion of criminal activity. Arrests require probable cause.
2. Warrantless searches are allowed in some situations like plain view, open fields, consent, or when incident to a lawful arrest.
3. Miranda v. Arizona requires informing suspects of their rights before custodial questioning. The exclusionary rule bars illegally obtained evidence but has exceptions like good faith reliance on warrants.
The document summarizes key Supreme Court cases related to searches, seizures, arrests, and use of force by law enforcement under the Fourth Amendment. It discusses the elements required for a constitutional seizure, search, or arrest. It also outlines what level of force is permitted in certain situations, such as establishing a roadblock, conducting a stop-and-frisk, or using deadly force against a fleeing suspect. The document analyzes several Supreme Court cases that address these issues, including Brower v. County of Inyo, Terry v. Ohio, Berkemer v. McCarty, and Tennessee v. Garner.
This document discusses two aspects of information in administrative law: agencies' ability to gather information and citizens' ability to access information held by government agencies. It covers topics like investigations, compelled testimony, sunshine laws, freedom of information statutes, privacy issues, and exemptions. The goal is to empower agencies while also providing checks on government through transparency requirements.
The document summarizes key aspects of the 5th Amendment regarding due process and obtaining information legally. It discusses the right against self-incrimination, due process of law including procedural and substantive due process, standards for voluntariness of confessions, police conduct during interrogations, characteristics of accused individuals, and landmark Supreme Court rulings like Miranda v. Arizona that require informing individuals of their rights before custodial interrogations.
Chapter 13 Interrogation, Electronic Surveillance, and Other .docxbartholomeocoombs
Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471
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confessions, and admissions to prove guilt is controversial. The United States Supreme
Court has recognized that admissions are highly suspect when relied upon alone to
obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system
of criminal law enforcement which comes to depend on the ‘confession’ will, in the
long run, be less reliable and more subject to abuses than a system which depends on
extrinsic evidence independently” obtained through other law enforcement practices.
At common law, confessions and admissions could be used freely, as long as they
were made voluntarily. The early basis for excluding involuntary confessions was the
Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal
defendants could seek to have confessions suppressed if they were not taken before a mag-
istrate promptly after arrest. This was known as the McNabb-Mallory rule, named for
two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court
announced the rule in its supervisory role over the nation’s federal courts. While the rule
of quick presentment of arrestees to judges had existed at common law and had been
codified by Congress, there was no remedy for violations. Accordingly, the Court held
that confessions that occurred after unreasonable delays should be excluded. Congress re-
acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission
of a confession so long as it was voluntarily given. Another section provides that regardless
of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained
within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if
there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb-
Mallory exclusionary rule applies if a delay is found to be unreasonable.
Today, interrogations, confessions, and admissions are governed by these rules, as
well as two broader rights: the Fifth Amendment right to be free from self-incrimina-
tion and the Sixth Amendment right to counsel.
Miranda
By virtue of popular television and films, the Supreme Court case Miranda v. Arizona,
or at least the “Miranda” warnings that are a product of that case, is one of the best
known judicial decisions of our time.
[The Supreme Court consolidated appeals from
several individuals who had been convicted at trials
where their confessions were entered into evidence.
Ernesto Miranda, for whom the case is named,
was arrested for rape and kidnapping. He was
interrogated at a police station. He was not advised
of his constitutional rights, he never requested to
see .
This chapter discusses how procedural laws and landmark Supreme Court cases have established and governed police practices and citizens' rights. It outlines citizens' rights during interrogation, when police can make arrests or hold someone, and exceptions to obtaining warrants. It also summarizes a citizen's rights to privacy and prohibiting evidence obtained unconstitutionally. Police powers are affected by legislative bodies while Supreme Court cases define rules of evidence and qualifications of expert witnesses.
The document summarizes several amendments to the US Constitution beyond the Bill of Rights. It discusses the 3rd, 7th, 9th and 10th Amendments in the Bill of Rights. It then addresses other amendments related to the structure of government and elections. It also analyzes some key Supreme Court cases that have interpreted the Constitution, such as McCulloch v. Maryland, Lopez, Printz, and Bush v. Gore.
The 8th Amendment protects against excessive bail, fines, and cruel and unusual punishment. It has been interpreted by the Supreme Court in several cases related to bail, the death penalty, and prison conditions. For example, the Court has ruled that life imprisonment for non-homicide juvenile offenders and execution of the mentally ill or intellectually disabled are unconstitutional under the 8th Amendment.
The document provides an overview of key aspects of the 6th Amendment right to counsel and a fair trial. It discusses the requirements for a speedy and public trial in the proper venue. It also covers the right to an impartial jury, voir dire process, peremptory challenges, and the prohibition on excluding jurors based on race. The document outlines important Supreme Court cases that established the right to counsel and defined it as applying to all stages of criminal proceedings.
The document discusses the history and ongoing debate around the interpretation of the Second Amendment. It covers the original intent of the amendment in relation to state militias, as well as key Supreme Court cases that have shifted interpretation towards recognizing an individual right to gun ownership. The debate centers around whether the amendment protects gun ownership only in the context of service in a militia, or as an individual right.
The document discusses equal protection under the law from the framing of the Constitution to modern day. It covers several key topics:
- Tensions between state and federal authority that led to the Civil War and issues of slavery and states' rights.
- The 14th Amendment was ratified after the Civil War to define citizenship and prohibit states from denying citizens equal protection under the law.
- Important Supreme Court cases that further defined and applied equal protection, such as incorporating some Bill of Rights protections against the states.
- The development of anti-discrimination laws and affirmative action programs to address issues of racial discrimination in the 20th century criminal justice system.
The document summarizes key aspects of the U.S. Supreme Court, including its role as the final authority on constitutional interpretation, the process by which cases are accepted for review, and some notable past and recent cases. It also discusses the composition and selection of justices, differences between liberal and conservative judicial philosophies, and the Court's general procedures and opinion writing process.
This document provides an overview of the US legal system. It discusses how law has historically regulated human interactions for various reasons and theories like consensus theory and conflict theory. It also summarizes the crime control and due process models of the criminal justice system. Common law, statutory law, and case law are examined. Important Supreme Court cases like Marbury v. Madison and US v. Jones are briefly summarized. The roles of courts, judges, and other legal professionals are also outlined.
This document provides an overview of the development of American law and government. It discusses the following key points:
- The Constitution established a system of checks and balances between the three branches of government to limit any single person or group from having absolute power.
- Important court cases like McCulloch v. Maryland and Clinton v. Jones established precedents around Congressional power and presidential immunity.
- The Bill of Rights was adopted to protect individual liberties and limit the power of the federal government in response to concerns during ratification of the Constitution.
The document summarizes key aspects of First Amendment rights, including freedom of religion, speech, press, and assembly. It discusses landmark Supreme Court cases that have shaped understandings of these rights. It also notes areas where rights can be reasonably limited, such as in cases of imminent lawless action, government interests, and within certain professional contexts like prisons.
This document discusses different types of cybercrime and transnational organized crime. It outlines three main types of cybercrime - cybertheft, cybervandalism, and cyberwarfare. Cybertheft involves illegal activities done for profit such as copyright infringement, computer fraud, and identity theft. Cybervandalism consists of malicious acts like creating viruses/worms and website defacement. Cyberwarfare involves cyberespionage, cyberterrorism, and using cyber attacks to fund terrorist activities. The document also examines the characteristics and rise of transnational organized crime groups from Eastern Europe, Russia, Latin America, and Asia, and challenges in controlling transnational crime.
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Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
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Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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2. Limited government power is necessary for the
laws of the country to be enforced and the
government’s business to be carried out
A balance is required for democracy
Terms fundamental to understanding the 4th
Amendment
o Search - An examination of a person, place or
vehicle for contraband or evidence of a crime.
o Seizure - A taking by law enforcement or other
government agent of contraband, evidence of a
crime, or even a person into custody
3. The 4th Amendment’s prohibition against
unreasonable searches and seizures by the police
is perhaps the most vital component of criminal
procedure
It has given ample opportunities to the U.S.
Supreme Court to set forth when any government
agent may or may not act, as well as when they
have an expectation, or duty, to do so
The Constitution does not provide an absolute
right to be free from government intrusion, only
“unreasonable interference”
4.
5. Facts: The Colorado Supreme Court upheld a number
of convictions in which evidence was admitted that
would have been inadmissible in a prosecution for
violation of a federal law in a federal court
Issues: Were the states required to exclude illegally
seized evidence from trial under the Fourth and
Fourteenth Amendments?
Holding: Yes
Rationale: Any government agent (federal, state or
local) is regulated by the 4th Amendment by way of the
14th
6. Private individuals or agencies are not
regulated by the 4th Amendment
o Store detectives are not controlled by the 4th
Amendment
Why?
o They are not government agents, and the
Constitution was established to limit the power of
government and its agents
7. Facts: UPS opened a duffel bag insured for $4000,
consistent with company policy, and found $4000 in
cash, then alerted the DEA, which found drugs. UPS
delivered the duffel under DEA operation and Parker
was arrested at the address
Issues: Did UPS violate the 4th Amendment?
Holding: No
Rationale: UPS had no duty to secure a warrant as it
was not a state actor
http://openjurist.org/32/f3d/395/united-states-v-parker
8. United States v. Cleveland (1994)
o Held permissible a warrantless search by a private electric
company employee acting on a tip that a customer was bypassing
the electric meter
United States v. Ross (1982)
o An airline employee who inspected the defendant’s luggage
according to the FAA regulations was acting in a government
capacity and was governed by the 4th Amendment
Sometimes a private party can be considered to be a
government agent
o If a private party agrees to go in to get an item from a house or a
private security guard agrees to search someone for the police, this
person can be considered an agent of the government
o The Fourth Amendment would then apply
9. There are two clauses that are important to the
4th Amendment in regards to search and
seizure:
o Reasonableness Clause
• “The right of the people to be secure in their persons,
houses, papers and effects, against unreasonable searches
and seizures shall not be violated”
o The Warrant Clause
• “…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”
10. In the 1960’s the Court used the conventional 4th
Amendment approach
o It combines the two clauses together
o It holds that all searches not conducted with both a warrant and
probable cause are unreasonable, and, therefore, unlawful
Since the 1960’s the Court has broadened
government’s power by adopting the reasonableness 4th
Amendment approach
o It sees the two clauses as separate, distinct, and addressing
two separate situations
• This clause makes warrantless searches and seizures valid and
constitutional when they are sensible
11. Reasonable
o Sensible, rational, and justifiable
Two approaches to determine reasonableness:
o Bright-line approach
• Reasonableness is determined by a specific rule applying to all
cases
o Case-by-case approach
• Reasonableness is determined by considering the totality of
circumstances in each individual case. It is the most commonly
used method in the U.S.
The Constitution doesn’t provide an absolute right to be
free from government intrusion, only unreasonable
interference
12. Exists when the facts and circumstances within
the officers’ knowledge and of which they had
reasonable trustworthy information are sufficient
in themselves to warrant a person of
reasonable caution in the belief that an offense
has been or is being committed
Totality of circumstances is the principle upon
which a number of legal assessments are
made, including probable cause
13. Probable cause is stronger than reasonable suspicion
It can legally justify searches and arrests with or without a
warrant and requires the question:
o Would a reasonable person believe that a crime was committed,
and that the individual committed the offense, or that the
contraband or evidence is where it is believed to be?
It must be established before a lawful search or arrest can
be made
Facts and evidence obtained after a search or arrest can
not be used to establish probable cause
They can be used to strengthen the case if probable cause
was established before the arrest, making the arrest legal
14.
15. Facts: Aguilar (Defendant) was arrested on a warrant
issued by a Justice of the Peace. The affidavit provided
by police officers in support of the warrant stated that
they had received information from an unidentified
informant that Aguilar possessed drugs at his residence
Issues: Was this enough for probable cause?
Holding: Yes
Rationale: Established a two prong test for informants:
o 1st prong - Tested the informants creditability
o 2nd prong - Tested the informant’s basis of knowledge and
reliability of the information provided
16.
17. Facts: The police received an anonymous letter
outlining specific details about the Defendants being
involved in drug trafficking, later corroborated by
their actions
Issues: Is the letter enough for probable cause?
Holding: Yes
Rationale: Abandoned the two prong test and
replaced it with the totality of the circumstances
o Made the establishment of probable cause by use of
informants easier for police
18. Government agents that have probable cause must
go before a magistrate (judge) and swear under
oath about who or what they are looking for and
where they think it can be found
In determining whether probable cause for a
warrant exists, the judge must consider the totality
of the circumstances
o Whether a reasonable person would believe what
the officers claim
o Not every judge will sign a warrant
o The officer may be told to come back with additional
information
o Judges today will grant telephone warrants
19. Knock and Announce Rule
o The general rule is that officers must first
knock and announce their authority before
breaking into a dwelling to execute a warrant
o The intent is to prevent the occupant from
responding with force against unknown
intruders
20. Facts: Police went to Banks's apartment to execute a
warrant to search for cocaine, they called out "police
search warrant" and rapped on the front door hard enough
to be heard by officers at the back door, waited for 15 to 20
seconds with no response, and then broke open the door
Issues: Is 15 to 20 seconds long enough for police to wait
after knocking and announcing?
Holding: Yes
Rationale: It is not unreasonable to think that someone
could get in a position to destroy the drugs within 15 to 20
seconds
http://www.oyez.org/cases/2000-2009/2003/2003_02_473
21. Stop - A brief detention of a person based on
specific and articulable facts for the purpose of
investigating suspicious activity
o No Miranda warning is required
Articulable facts - Actions described in clear,
distinct statements
Frisk - A reasonable, limited pat-down search
for weapons for the protection of a government
agent and others
22.
23. Facts: Terry and two other men were observed by a plain
clothes policeman in what the officer believed to be
"casing a job, a stick-up." The officer stopped and frisked
the three men, and found weapons on two of them
Issues: Was the search and seizure of Terry and the other
men in violation of the Fourth Amendment?
Holding: No
Rationale: The Court found that the officer acted on more
than a "hunch" and that "a reasonably prudent man would
have been warranted in believing [Terry] was armed and
thus presented a threat to the officer's safety while he was
investigating his suspicious behavior"
24. An unlawful search or seizure can have
two serious consequences:
1. The evidence may be excluded from court
2. Internal sanctions as well as civil and
criminal liability may be incurred
25. Is judge-made case law promulgated by the
Supreme Court to prevent police or government
misconduct
It prevents evidence seized in violation of a
person’s constitutional rights from being admitted
into court
o An officer who has violated someone’s rights may
sued, or
o Prosecuted criminally
The exclusionary rule is by far the most frequently
used means to address constitutional infractions by
the government in criminal cases
26. The exclusionary rule also helps:
o Preserve judicial integrity by preventing judicial
agreement in denying a person’s 4th Amendment
rights
o Deters police misconduct by making improperly
obtained evidence inadmissible in court
o Protects citizen’s constitutional right to privacy
Rochin v. California (1952)
o Searches that “shock the conscience” are a violation
of due process, and any evidence so obtained, will
be inadmissible
o http://en.wikipedia.org/wiki/Rochin_v._California
27.
28. Facts: Weeks was arrested by a police officer at the
Union Station in Kansas City, Missouri where he was
employed by an express company. Other officers
entered the house of the defendant without a search
warrant and took possession of papers and articles
which were afterwards turned over to the U.S. marshal
Issues: Was the evidence admissible?
Holding: No
Rationale: Illegally obtained evidence is not admissible
in court and the right to be free from unreasonable
searches and seizures under the 4th Amendment
applies to all invasions on the part of the government
and its employees
29.
30. Facts: Police officers received information that a suspect in
a bombing case, as well as some illegal betting equipment,
might be found in the home of Mapp, who refused to admit
them without a search warrant. Three hours later,
brandishing a piece of paper, they broke in the door but did
not find the bombing suspect nor the gambling equipment.
They did find pornographic material and she was found
guilty for possession of pornographic material
Issues: Does the exclusionary rule apply to the states?
Holding: Yes
Rationale: If the rule didn’t apply to the states, the 4th
amendment protections would be meaningless
31. The exclusionary rule applies only in
criminal trials in which a constitutional
right has been violated
There are four exceptions to the
exclusionary rule:
1. Inevitable discovery doctrine
2. Valid independent source
3. Harmless error
4. Good faith
32. Government misconduct could result
in:
o Departmental discipline against the
officer
o Civil lawsuits
o Criminal charges
Editor's Notes
Opinion at http://supreme.justia.com/cases/federal/us/338/25/case.html
Opinion at
Opinion at http://supreme.justia.com/cases/federal/us/378/108/case.html
Opinion at http://supreme.justia.com/cases/federal/us/462/213/
Opinion at http://law.onecle.com/ussc/540/540us31.html
Oral arguments at http://www.oyez.org/cases/2000-2009/2003/2003_02_473
Opinion at http://supreme.justia.com/cases/federal/us/392/1/case.html
Opinion at http://supreme.justia.com/cases/federal/us/232/383/case.html
Opinion at http://supreme.justia.com/cases/federal/us/367/643/case.html