Presentation on theme: "Winning, until proven guilty …. Searches and Seizures The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted."— Presentation transcript:
Searches and Seizures The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted with a court warrant – probable cause Exclusionary rule restricts the use of illegally obtained evidence.
Searches and Seizures Good Faith Exception (Leon): Police have reason to believe their actions were legal Plain view doctrine: 1.the officer to be lawfully present at the place where the evidence can be plainly viewed 2.the officer to have a lawful right of access to the object 3.the incriminating character of the object to be “immediately apparent. Supreme Court rulings limited the warrant requirement for legally stopped cars and for students and their property in school. Recent rulings clarified “knock and announce” rule and duel occupancy searches
Self-incrimination The Fifth Amendment protects: witnesses before grand juries and congressional committees. defendants against forced confessions. The Escobedo (1964) and Miranda (1966) decisions expanded the protections of persons arrested as suspects in a criminal case. Public Safety Exception (Quarles): existence of exigent circumstances that require protection of public safety
Guarantee of Counsel The Sixth Amendment guarantees a defendant the right to an attorney. In federal cases, courts generally provide an attorney for defendants who cannot afford one. 14 th Amendment requires state courts also provide attorneys for defendants.
Double Jeopardy The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime – person may be tried more than once for the same act when a crime violates both a federal and a state law. It is not double jeopardy if a single act involves more than one crime – defendant may be tried for each offense – In the case of a hung jury, a second trial is not double jeopardy.
Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. Capital Punishment most often challenged under 8 th amendment – Briefly banned in 1970s, later affirmed as constitutional Administration of the death penalty is an ongoing controversy under this amendment – lethal injection, minors, mentally ill