rights of suspects
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Rights of Suspects. The Fourth Amendment The Fifth Amendment. The Fourth Amendment. - PowerPoint PPT PresentationTRANSCRIPT
The 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.
Search and Seizure: Probable Cause
The officer has to prove to a judge there is reasonable proof that law is being violated on the premises to be searched.
Search Warrants
Identify the property to be searched.
Items to be seized. Must be the suspect’s
property and “common” areas.
Situations where warrants aren’t needed:
Consent Plain View Emergency Situation Hot Pursuit Search pursuant to
arrest Searching for suspect
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Situations where warrants aren’t needed:
Border checkpoints Airport searches Sobriety Checkpoints
(WITHIN REASON) Drug Testing – for
people involved in accidents / federal jobs.
Student Searches
Student Searches
TLO v. New Jersey Did the assistant
principal have the right to search TLO’s purse?
Situations where warrants aren’t needed
March 2004: USA v. Kelley Gould Officers no longer
need to have a search or arrest warrant for a “brief” search of your home or business.
NOTE:
If a warrant is present – burden of proof is on YOU that there wasn’t probable cause.
If there is NOT a warrant – then the burden of proof is on the police that there was probable cause.
Fifth Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Types of Police Questioning
Investigative Interrogation Answer – but be careful
Accusatory Interrogation Time to ask for a lawyer or
ask to leave.
Custodial Interrogation Get a lawyer and SHUT
UP!
TEST the cops!!
Miranda Warning
You have the right to remain silent. Anything that you say can and will be used against you in a court of law.
You may have an attorney present while you are questioned. If you cannot afford one, the court will appoint one for you.
Do you understand these rights as I have read them to you?
Police Questioning
May not badger May not use violence
or threat of violence May not use
psychological coercion
Cases for Police Questioning
Miranda v. Arizona Miranda Warning
Quarles v. New York Public Safety Rule
Other People that DON’T have to testify against you:
Spouses (boyfriend / girlfriends don’t count)
Children against parents (SOMETIMES) Religious leaders (priests) YOUR doctor YOUR lawyer
The “Christian Burial” Case
Brewer v . Williams
Did the police use proper procedure in arresting Mr. Williams or did they violate his right to remain silent?
The Exclusionary Rule
If police got a confession illegally or found evidence illegally – can it be used against the defendant??