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Unit 9 notes
1.
2. I. Arrests
A. Arrest- When a person suspected of a
crime is taken into custody
B. Arrest Warrant- Court order commanding
that a person named be brought into custody
3. C. Probable Cause- Having a reasonable
belief that a specific person has committed a
crime
Ex. Radio report of a bank robbery, person
matches the description
4. II. Search and Seizure
A. Fourth Amendment- 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.
5. II. Search and Seizure
A. Fourth Amendment- security from
unreasonable searches, probable cause
needed for warrants
6. B. Search Warrant- A court order from a
judge who is convinced there is a bona fide
need to search a person or place
C. Affidavit- Needed for a warrant, a sworn
statement of facts that provides probable
cause
7. D. Exclusionary Rule- Evidence seized
during an unlawful search cannot be used at
trial
8. Reasons for warrantless searches:
Lawful arrest
Stop and frisk
Consent
Plain View
Hot pursuit
Vehicle Searches
Emergency Situations
Border and airport searches
9. E. New Jersey v. TLO
Set the legal precedent that school officials
only need reasonable suspicion to search
students
10. You have the right to remain silent and refuse to answer
questions.
Anything you say may be used against you in a court of
law.
You have the right to consult an attorney before speaking to
the police and to have an attorney present during
questioning now or in the future.
If you cannot afford an attorney, one will be appointed for
you before any questioning if you wish.
If you decide to answer questions now without an attorney
present, you will still have the right to stop answering at any
time until you talk to an attorney.
Knowing and understanding your rights as I have explained
them to you, are you willing to answer my questions
without an attorney present?
11. III. Interrogation- Questioning of a suspect by
police
A. 5th Amendment protects against self-
incrimination, the right to remain silent
12. B. Miranda v. Arizona- Created the Miranda
Rights
Police must “mirandize” suspect before
questioning, or it could be inadmissible