4th Amendment

•The right of the people to be securein their persons, houses, papers, andeffects, against unreasonablesearches and seizures, shall not beviolated, and no warrants shall issue,but upon probable cause, supportedby oath or affirmation, andparticularly describing the place to besearched, and the persons or thingsto be seized.

Search & Seizure

4th amendment: right to be free from unreasonable searches and

seizures. Have to ask: "does this person have a reasonable

expectation of privacy?"

Exclusionary rule: evidence illegally obtained cannot be used in

trial against the defendant (important evidence then MUST be

properly obtained or a criminal can walk).

BUT, anything criminal not listed in the warrant that is in plain view,

CAN be seized

• Probable cause: reasonable belief that person committed a

crime. Don’t need as much evidence as you need to convict

(beyond a reasonable doubt). Police can establish PC from

witnesses or informants, if the police can convince the judge the

informant’s info is reliable.

• Reasonable suspicion: Reasonable suspicion is a reasonable

belief that a crime has been, is being, or will be committed. It is

a reasonable belief based on facts or circumstances.

Reasonable suspicion is seen as more than a guess or hunch

but less than probable cause.

Need-To-Know Vocab!

A warrant is a piece of paper signed by a judge giving law enforcement officers permission to enter a home or

other building to do a search or make an arrest. A judge issues a warrant after an officer signs an affidavit (sworn

statement).

SEARCH WARRANT: Allows law enforcement officers to enter the place described in the warrant to look for and

take items identified in the warrant. Limited to certain areas (ex: if looking for a 50” TV, they shouldn’t look in

kitchen cabinets). “Knock and announce:” police must knock, announce their presence and request admission,

unless circumstances present where evidence would be destroyed if advance notice were given.

ARREST WARRANT: Allows law enforcement officers to take you into custody.

KNOW YOUR RIGHTS: An arrest warrant alone does not give law enforcement officers the right to search your

home (but they can look in places where you might be hiding and they can take evidence that is in plain sight), and

a search warrant alone does not give them the right to arrest you (but they can arrest you if they find enough

evidence to justify an arrest).

REQUIREMENTS: A warrant must contain the judge’s name, your name and address, the date, place to be

searched, a description of any items being searched for, and the name of the agency that is conducting the search

or arrest. An arrest warrant that does not have your name on it may still be validly used for your arrest if it

describes you with enough detail to identify you, and a search warrant that does not have your name on it may still

be valid if it gives the correct address and description of the place the officers will be searching.

Warrants

Searches without a warrant

Search incident to lawful arrest: police may search a lawfully arrested person and the area

immediately surrounding them for hidden weapons or evidence that might be destroyed.

Stop and frisk: police may stop and frisk a person he reasonably believes is behaving

suspiciously and likely may be armed. Can only search for weapons. Example: if an officer

has reasonable suspicion that a person is armed and dangerous, he may do a limited pat-

down of the person’s outer clothing.

Consent: voluntarily agreeing to search

Plain view: an object connected to a crime in plain view can be seized without a warrant.

Hot pursuit: No warrant needed to enter a bldg they have seen a criminal they pursued

enter. Anything in plain view good evidence.

Vehicle Searches: If there’s a stop based on probable cause and cop has probable cause to

suspect something illegal, cop can search the car, including containers.

Emergencies: Ex: police can enter bldg without warrant if received bomb threat, etc.

Terry v. Ohio (“Terry Stop” a/k/a “Stop

and Frisk”)

• Ohio, 1968

• A plainclothes police officer saw 3 men acting strangely outside a store

• 2 of the men walked up and down several times looking in the same store

window

• A 3rd man walked up, had a short whispered conversation and then walked

away

• The police officer suspected them of “casing” the store to rob it

• He walked up to them, told them he was a police officer and patted them down

outside their coats

• 2 of the men had guns and he arrested them

Supreme Court Holding

• The police officer was conducting a reasonablesearch

•Limited in scope: only the outside of the coats until he felt a gun

• Due to his experience, the strange way the men were acting, and the overall circumstances, the police officer was reasonable in suspecting them and taking action

•Stop and Frisk is constitutional where there is “reasonable suspicion of involvement in criminal activity”

Public School Searches

Yes! There is no expectation of privacy because the lockers

belong to the school, not the student.

Can school lockers be searched at any time?

Key Question:

Reasonableness

• Is the item that the school is searching for something extremely dangerous?

• How reliable is the information?

• How badly was the person’s privacy invaded?• The Supreme Court said in Safford v. Redding that it

was NOT reasonable for a school to make a 13 year old student undress so she could be searched for Tylenol based on an unconfirmed tip.

Interrogations and Confessions

Interrogate: Questioning. Police hope for admissions and/or

confessions which can be used at trial.

Self-Incrimination: “I plead the fifth!” Accused has the right to

remain silent and cannot be forced to testify against himself. Why?

Because the government bears the burden of proof. Suspects don’t

have to help the government prove their case.

Miranda warnings resulted from people not knowing they didn’t

need to speak.

ARRAIGNMENTA formal reading of a criminal charging document in the presence of the defendant

to inform the defendant of the charges against the defendant. In response to

arraignment, the accused is expected to enter a plea.

PLEA DEALSAny agreement in a criminal case between the prosecutor and defendant whereby

the defendant agrees to plead guilty to a particular charge in return for some

concession from the prosecutor.

CRIMES

• SOLICITATION: asking another person to commit a

crime

• ATTEMPT: when someone performs all of the

elements of a crime but fails to achieve the criminal

result. (ex: a person intends to shoot and kill

someone but misses or only wounds the victim).

• CONSPIRACY: an agreement between two or more

persons to commit a crime.

HOMICIDE: the killing of one human being by another

• 1st DEGREE MURDER: killing with premeditation

• FELONY MURDER: a killing that takes place during certain felonies (rape, arson,burglary, etc).

• 2nd DEGREE MURDER: killing without premeditation. The prosecution has to show thatthe defendant has a “depraved mind” with disregard for human life.

• VOLUNTARY MANSLAUGHTER: killing that occurs after the victim has done somethingto the killer that would cause a reasonable person to lose self-control. Words alone arenot enough. Killing must occur just after the provocation so that the killer did not have anopportunity to “cool down.” (ex: finding your spouse with someone else; jealous rage).

• INVOLUNTARY MANSLAUGHTER / NEGLIGENT HOMICIDE: a killing without intentresulting from reckless conduct that could cause death or injury; death through criminalnegligence (ex: playing with a gun you know is loaded or vehicular homicide – driving ina reckless manner).

1st Amendment

1. Freedom of SpeechPrevents the government from punishing people for expressing their opinions. It does not,

however, protect them from repercussions they may have at work or in the public fromvoicing their opinions.

1. Freedom of ReligionAllows people to believe and practice whatever religion they want. They can also choose

not to follow any religion.

3. Freedom of the PressAllows people to publish their opinions & information without the government stopping

them. (Newspapers, radio, TV, online, etc). However, you can't publish lies about people todamage their reputation (this is called defamation) or copy someone else's work (copyrightlaw).

4. Freedom to PetitionAllows individuals or groups to lobby the government and to sue the government if they

feel they have been wronged.

5. Freedom of AssemblyGives people the right to gather in groups as long as they are peaceable. People can hold

protests and rallies against the government calling for changes. In some cases, thegovernment may get involved in order to protect the safety of the citizens.

2nd Amendment

Protects citizen's right to bear arms.

This amendment is very controversial right now.

"A well-regulated militia, being necessary to the security of a free State, the right of the people to keep

and bear Arms, shall not be infringed."

4th Amendment

The Fourth Amendment protects the privacy of American citizens. It prevents the

government from unreasonable searches and seizures of the property of US citizens.

It requires the government to have a warrant that was issued by a judge and based

on probable cause.

5th Amendment

• "I plead the Fifth". This gives people the right to choose not to testify in

court if they feel their own testimony will incriminate themselves.

• Protects citizens from being subject to criminal prosecution and

punishment without due process (life, liberty, and property).

• Prevents people from being tried for the same crime twice (“double

jeopardy.”).

6th Amendment

• Guarantees a speedy trial by a jury of one's peers.

• People accused are to be informed of the crimes with which they are

charged and have the right to confront the witnesses brought by the

government.

• Provides the accused the right to compel testimony from witnesses,

and to legal representation (meaning the government has to provide a

lawyer).

7th Amendment

The Seventh Amendment guarantees the right to a trial by jury in civil, or private legal cases where the damages are

more than twenty dollars.

The finger trick is to hold up two fingers on one hand and then hold up all the fingers on your other hand (which makes 7 to represent this amendment). Then close the fingers in the hand where you are holding up all fingers

into a fist. It is supposed to loo like a 2 and a O which represents legal cases with damages more than 20 dollars. You can also use the two fingers to represent you and the judge and the five fingers to represent the jury.

8th Amendment

Prohibits excessive bail, excessive fines, and

cruel and unusual punishments.

In other words, the government can't make you pay more than is

reasonable in bail or in fines, and the government can't order you to have

cruel or unusual punishments (like torture) even if you are convicted of a

crime.