1. 4th, 5th, 6th, 7th, 8th Amendments
Rights of the Accused

2. 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.
The 4th Amendment protects us against searches unless there is probable cause and a warrant for
Probably cause more than bare suspicion, common sense standard
Searching for illegal items or evidence
Seizure of contraband
Arrest or detainment
The 4th is tied to the 5th because it provides for your due process rights and prohibits self-incrimination

3. Probable Cause Warrant requirements When does the 4th Amendment apply?
Gray areas of probable cause
Neutral magistrate
Supporting evidence
Informants
Specificity very important
Execution of warrant
When does the 4th Amendment apply?
Search by government or government agent
Can search areas in which evidence may be found
Areas where an expectation of privacy is shown
Phone booth-yes
School locker-no
House-yes
Trash-no

4. Exceptions to the 4th Amendment
The Plain View Rule
Incident to Arrest
Motor Vehicle search for contraband
Inventory search of impounded evidence
Consent search
Includes Facebook, MySpace, websites
Border/Airport search
Hot pursuit
Emergency situation
Evanescent evidence doctrine
Stop and Frisk Rule (Terry pat downs)

5. Exclusionary Rule-evidence obtained illegally cannot be used in court
Weeks v. US (1914)-exclusionary rule applied at federal level
Mapp v. Ohio (1961) – exclusionary rule incorporated
Mapp charged with owning obscene books even though police were looking for an urban terrorist

6. More 4th Amendment cases
Good Faith rule
US v Leon (1985)
Arizona v Evans (1995)
Pat downs
Terry v Ohio (1968)
Plain view
Harris v. US (1968)
Student searches
New Jersey v. T.L.O. (1985)

7. More 4th Amendment cases
Arizona v. Johnson (2009)
Court ruled a police officer may search a suspect in a routine traffic stop if they believe the suspect to be armed and dangerous no reason to believe that they are committing a crime.
Safford United School District No. 1 v. Redding
Court is considering whether a strip search of an 8th grade student who had the equilivant of 2 Advil pills is constitutional. (By the way, no pills were found)

8. No person shall be held to answer for a crime, unless on an …indictment of a grand jury, nor shall any person be subject for the same offense to be twice put in jeopardy …; 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.
Grand juries determine if enough evidence exists to justify a trial and the charge
Double jeopardy protects accused from being tried twice for the same crime
Eminent domain-allows the government to buy private property and develop it for public use
North East Mall
New Dallas Cowboy stadium
Highways
Kelo v. City of New London (2005)

9. 5th Amendment Self-incrimination
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you at interrogation time and at court.
5th Amendment
Self-incrimination
Miranda v. Arizona (1966)-the Miranda rule requires that people under arrest must be informed prior to interrogation of their due process rights, the right to remain silent and the right to an attorney
When does an interrogation start?
Do the police always have to read you your rights?

10. Gideon v. Wainwright (1963) –
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Gideon v. Wainwright (1963) –
Gideon is arrested for his 3rd misdemeanor, tried and convicted after asking and being denied a lawyer
Gideon files a pauper’s petition to Supreme Court which rules in his favor that all people deserve the assistance of council despite the crime
Rompilla v. Beard (2005) – good counsel must be provided

11. 6th Amendment continued
Giles v. California (2008)
He killed his girlfriend who had 3 weeks prior told the police he threatened to kill her
The Court sided with Giles
Dissent: “This case involves a witness who, crying as she spoke, told police how her former boyfriend (the defendant) had choked her, opened a folding knife, and threatened to kill her. Three weeks later he did…The Court concludes that he may not have forfeited his [6th Amendment] right. In my view, however, he has.”

12. 6th Amendment—right to impartial jury
Importance of jury trials
Juries are a product of our distrust of government beginning in the 1700s
In Texas, you can get a jury for everything
Criticism about juries is unfounded
Large interests are trying to get rid of juries

13. 8th Amendment --excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Gregg v. Georgia (1976)
Court upholds right of states to have a death penalty as long as a 2-part trial process is provided and a legislature provides standards in what crimes receive the death penalty
Death must not be “cruel and unusual”
What about juvenile crimes?
Should juveniles be put to death for adult crimes?
What about white-collar crimes and blue-collar crimes?

14. 8th Amendment cases of interest
Baze v. Rees (2008)
Lethal injection is an acceptable method of capital punishment (7-2 vote)
Chief Justice Roberts wrote: “Some risk of pain is inherent in any method of execution—no matter how humane—if only from the prospect of error in following the required procedure. It is clear, then, that the Constitution does not demand the avoidance of all risk of pain in carrying out executions.”
Kennedy v. Louisiana (2008)
Is the death penalty a permissible sentence under the 8th Amendment ban on cruel and unusual punishment for the crime of child rape, when the crime did not result in the death of the victim?