Search and SeizureSearch and SeizureThe Fourth AmendmentThe Fourth Amendment

Unit 5 Wrap UpUnit 5 Wrap Up

Midterm Essay ExamMidterm Essay Exam Any questions?Any questions? Grades should be completed by Sunday Grades should be completed by Sunday

NightNight Please let me know if you are having Please let me know if you are having

any problems at this point in the course.any problems at this point in the course.

Unit 6 AssignmentsUnit 6 Assignments

Read Chapter 9Read Chapter 9 View the Judges Panel VideoView the Judges Panel Video Discussion BoardDiscussion Board ProjectProject

Unit 6 ProjectUnit 6 Project

Identify police practices as they Identify police practices as they relate to the Fourth Amendment.relate to the Fourth Amendment. SearchSearch SeizureSeizure

Discuss the police practice, ethical Discuss the police practice, ethical concerns that may arise from the concerns that may arise from the practice, perspectives from both inside practice, perspectives from both inside and outside the field of criminal justice. and outside the field of criminal justice.

Unit 6 ProjectUnit 6 Project

Use Examples to Support your Use Examples to Support your DiscussionDiscussion Racial profilingRacial profiling Consent SearchesConsent Searches Police DeceptionPolice Deception

Talk about both sides of the issue.Talk about both sides of the issue.

3-5 pages, proper citation format and 3-5 pages, proper citation format and cover page. cover page.

Fourth AmendmentFourth Amendment

The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no Warrants shall issue, but upon no Warrants shall issue, but upon probable cause, supported by Oath or probable cause, supported by Oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized. persons or things to be seized.

The Power to Search and ArrestThe Power to Search and Arrest

The Government derives this power from The Government derives this power from the Tenth Amendment which states: the Tenth Amendment which states:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people.”

So, state legislatures can decide police powers unless prohibited by the Constitution.

The Power to Search and ArrestThe Power to Search and Arrest

Stop versus ArrestStop versus Arrest Remember that a stop is not necessarily Remember that a stop is not necessarily

and arrest.and arrest. The police at times can detain a person The police at times can detain a person

even though they do not have probable even though they do not have probable cause.cause.

Terry v. Ohio,Terry v. Ohio, the Terry Stop case the Terry Stop case describes this power.describes this power.

However, the police cannot simply stop However, the police cannot simply stop anyone: What do they need?anyone: What do they need?

The Power to Search and ArrestThe Power to Search and Arrest

Did the officer have a reasonable Did the officer have a reasonable suspicion? suspicion? How do Courts determine this?How do Courts determine this?

Although the standard is less than the reasonable belief of probable cause, it must be more than a mere hunch or even a general suspicion and cannot be a “fishing expedition” based on a whim or a “gut feeling things were really wrong” (United States v. Pavelski, 1986).

The Power to Search and ArrestThe Power to Search and Arrest

How long a stop may last depends on factors that indicate the suspect was not detained an unreasonably long time, including the purpose of the stop and the time and means the investigation required.

The Power to Search and ArrestThe Power to Search and Arrest

Traffic StopsTraffic Stops Account for the vast majority of Account for the vast majority of

interaction with the public and police interaction with the public and police officers.officers.

The police cannot just stop any car they The police cannot just stop any car they want.want.

What do police need to stop a car?What do police need to stop a car?

The Power to Search and ArrestThe Power to Search and Arrest

Delawarev. Prouse (1979) established that:. . . except in those situations in which there is at least clear articulable, reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile areunreasonable under the Fourth Amendment.

The Power to Search and ArrestThe Power to Search and Arrest

What about Arizona’s new immigrant What about Arizona’s new immigrant law. Time for a web field trip. law. Time for a web field trip. Everyone take five minutes to read Everyone take five minutes to read this article and to read the law here: this article and to read the law here: http://www.cnn.com/2010/POLITICS/http://www.cnn.com/2010/POLITICS/

04/23/obama.immigration/index.html04/23/obama.immigration/index.html

What does the law have to do with What does the law have to do with the Fourth Amendment?the Fourth Amendment? Can police stop people based on this Can police stop people based on this

law?law?

Does a belief that someone is illegal Does a belief that someone is illegal justify a stop?justify a stop?

In a car?In a car? On foot?On foot?

Arizona’s LawArizona’s Law A. NO OFFICIAL OR AGENCY OF THIS STATE OR A

COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS ORRESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCYOF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO ISUNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THEPERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

Arizona’s LawArizona’s Law

What does it mean in context of the What does it mean in context of the Fourth Amendment?Fourth Amendment? How do you think the Courts will handle How do you think the Courts will handle

the issue?the issue?

Stops without SuspicionStops without Suspicion

In most cases, the police cannot stop In most cases, the police cannot stop you with a reasonable suspicion to do you with a reasonable suspicion to do so.so.

However, in certain situations the police However, in certain situations the police are permitted to stop and briefly detain are permitted to stop and briefly detain without this requirement.without this requirement.

Why would the Courts allow exceptions?Why would the Courts allow exceptions?

Stops without SuspicionStops without Suspicion

Can you think of any situations Can you think of any situations where security necessitates the where security necessitates the suspension of the Constitution?suspension of the Constitution?

Stops without SuspicionStops without Suspicion

Can you think of any situations Can you think of any situations where security necessitates the where security necessitates the suspension of the Constitution?suspension of the Constitution? Roadside safety checks?Roadside safety checks? Border Security?Border Security?

“Court decisions indicate that the Fourth Amendment is applied differently at immigration borders or their equivalents, such as international airports that are places of entry to the country. Foreigners seeking entry for the first time into the United States hardly have any Fourth Amendment rights at the border itself.

checkpoints at or near international borders need no justification to stop all vehicles to check for illegal entrants into the United States. The Supreme Court has held that the government’s compelling interest in protecting the nation’s borders alone justifies stopping any vehicle or individual, but stops may not be done on the basis of ethnicity, religion or the like.

In United States v. Brignoni-Ponce (1975), however, the Court stated that borderpatrol officers could detain and question, as opposed to actually searching,people in a car if reasonable suspicion existed, adding that within 100 miles ofan international border, reasonable suspicion was all that was needed (but thatmerely “looking Mexican” was insufficient cause). If the stop based on reasonablesuspicion produced the probable cause for a warrant, any evidence would beadmissible.

When has an arrest occurred?When has an arrest occurred?

An arrest has occurred when a reasonable person believes he or she is not free to leave.

Why is this important? In practice, what does this mean?

“The tricky part is where you ‘bring him in for questioning.’ If that takes on the appearance of an arrest without probable cause—even though you don’t inform the suspect he’s under arrest, and even though you don’t personally consider him to be under arrest—the courts will likely find that you’ve made an illegal de facto arrest and suppress all the evidence you get.”

Courts, again look to the totality of Courts, again look to the totality of the circumstances.the circumstances.

Use of ForceUse of Force

By law, the police have the authority to use force if necessary to make an arrest, keep the peace, or maintain public order” (Cole and Smith, 2007, p. 272).

The main question is what is necessary?

Graham v. Connor (1989). The facts of this case were that Graham, who was

diabetic and in need of orange juice to offset a diabetic reaction, had a friend drive him to a store. Because of the long line, he instead rushed back to the car to have his friend take him home. Officers who observed him thought his behavior suspicious and stopped them. In the ensuing interaction with police during which the officers said he would not explain his behavior, Graham alleged he sustained multiple injures at the hands of the policeand sued.

In holding for the police and rejecting Graham’s complaint, the Court replaced the “substantive due process test” of whether the officer acted “in good faith” or “maliciously and sadistically” with a new test: “objective reasonableness.” The Court held: “The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.” The reasonableness of force used must be judged “from the perspective of the officer on the scene rather than with the 20/20 vision of hindsight.”

When making an arrest, police officers can use only as much force as is needed to overcome resistance. If the suspect does not resist arrest, no force can be used. Excessive force may cause the officer to be sued.

Use of deadly force is restricted to cases of self-defense or to save the life of another.

Unit 6 AssignmentsUnit 6 Assignments

Read Chapter 9Read Chapter 9 View the Judges Panel VideoView the Judges Panel Video Discussion BoardDiscussion Board ProjectProject