Rights of the Accused

1. Arrest With a warrant: a) based on probable cause b) warrant obtained from a judge presented with probable cause With a warrant: a) based on probable cause b) warrant obtained from a judge presented with probable cause Without a warrant police must have sufficient facts to convince a reasonable person that a crime has been committed. Without a warrant police must have sufficient facts to convince a reasonable person that a crime has been committed.

4 th Amendment - Search and Seizure “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated. (1) 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 right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated. (1) 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."

What is a reasonable search? A. To be a reasonable search, it must be based on a search warrant issued when there is probable cause. A. To be a reasonable search, it must be based on a search warrant issued when there is probable cause. B. Requirements for a search warrant. 1. Each search warrant can allow the search of only one person, place or vehicle. 2. The warrant must identify the exact area and property to be searched. 3. The warrant must be issued by a judge. B. Requirements for a search warrant. 1. Each search warrant can allow the search of only one person, place or vehicle. 2. The warrant must identify the exact area and property to be searched. 3. The warrant must be issued by a judge.

How do I know if there is probable cause to search? evidence that leads a reasonable person to believe that if he looks in a specific place he would find specific criminal goods. evidence that leads a reasonable person to believe that if he looks in a specific place he would find specific criminal goods. Probable cause to arrest - evidence that leads a reasonable person to believe that a crime has been committed and the person to be arrested is the one who committed the crime. Probable cause to arrest - evidence that leads a reasonable person to believe that a crime has been committed and the person to be arrested is the one who committed the crime.

Are there any exceptions to the probable cause/search warrant? A. Search in a lawful arrest A. Search in a lawful arrest B. Automobile search is reasonable if the police officer has probable cause to believe there is contraband in the car. B. Automobile search is reasonable if the police officer has probable cause to believe there is contraband in the car. C. Stop and frisk - the police officer must reasonably think a person is behaving suspiciously and may be armed. C. Stop and frisk - the police officer must reasonably think a person is behaving suspiciously and may be armed. D. “Hot pursuit” D. “Hot pursuit” E. Border and airport searchers E. Border and airport searchers

Example A. The policed stop a young man on the street because they believe he may be involved in a fight which has taken place, but only because he resembles a description. They pat him down and feel a suspicious bag in his pocket. Do they have the right to remove the bag to see what is inside? A. The policed stop a young man on the street because they believe he may be involved in a fight which has taken place, but only because he resembles a description. They pat him down and feel a suspicious bag in his pocket. Do they have the right to remove the bag to see what is inside?

Answer The answer is no for two reasons: a) he is not being stopped because the police believe he may be carrying contraband and b) the suspicious bulge does not resemble a weapon which would pose a threat to the police. The answer is no for two reasons: a) he is not being stopped because the police believe he may be carrying contraband and b) the suspicious bulge does not resemble a weapon which would pose a threat to the police.

Example B. Two young men are walking down the street and the police stop them because they resemble two fugitives. After getting ID, they discover that the two are not the fugitives they are looking for but are wanted on another warrant. Do they have the right to search and seize? B. Two young men are walking down the street and the police stop them because they resemble two fugitives. After getting ID, they discover that the two are not the fugitives they are looking for but are wanted on another warrant. Do they have the right to search and seize?

Answer Yes they do, because there is an open warrant for them. Yes they do, because there is an open warrant for them.

What About Schools? School officials need “reasonable suspicion” to search for violations. School officials need “reasonable suspicion” to search for violations. A lesser standard than “probable cause” A lesser standard than “probable cause” May search students without reasonable suspicion if students give consent May search students without reasonable suspicion if students give consent ***Private and parochial schools do not have to follow the 4 th amendment

2. Miranda Rights Miranda rights must be given to accused Miranda rights must be given to accused “ You have the right to remain silent. If you choose to give up that right, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford an attorney, one will be provided for you at government expense.”

3. Preliminary Hearing Hearing before the judge to determine if there is enough evidence to have the person bound for trial (writ of habeas corpus) Hearing before the judge to determine if there is enough evidence to have the person bound for trial (writ of habeas corpus) Bail is set and cannot be excessive (8 th amendment) Bail is set and cannot be excessive (8 th amendment) Bail can be denied to someone who is a flight risk or a first degree murder case Bail can be denied to someone who is a flight risk or a first degree murder case

4. Grand Jury Determines whether a crime is committed. Determines whether a crime is committed. Composed of 23 members Composed of 23 members 12 members must agree to return an indictment 12 members must agree to return an indictment Indictment – govt. officially charges the person of a crime Indictment – govt. officially charges the person of a crime Plea – accused goes before the judge and enters a guilty or innocent plea Plea – accused goes before the judge and enters a guilty or innocent plea

5. Trial Sixth amendment guarantees a speedy trial (after 120 days in most states, a defendant goes free) Sixth amendment guarantees a speedy trial (after 120 days in most states, a defendant goes free) Trial by jury (12 members) Trial by jury (12 members) Public Public

6. Verdict Not guilty the defendant goes free Not guilty the defendant goes free Guilty – Judge passes a sentence Guilty – Judge passes a sentence Sentencing is done by the judge except in murder and rape where the jury determines the sentence Sentencing is done by the judge except in murder and rape where the jury determines the sentence

7. Appeal A person not satisfied with the justice the court dispensed may ask the appeals court to reconsider the lower courts verdict. A person not satisfied with the justice the court dispensed may ask the appeals court to reconsider the lower courts verdict. 1. Appeals court hears the evidence (three judges) a. May uphold the verdict b. Reverse c. Send back the case to be tried again