The Bill of Rights and Search and Seizure

The students will be able to: 1. Discuss the amendments involved from the Bill of Rights that pertain to obtaining evidence legally. 2. Explain how police duties and responsibilities affect the trial process. 3. Explain how the Bill of Rights affects the Trial Process. 2 UNT in partnership with TEA, Copyright ©. All rights reserved.

 Any questioning or conduct that is reasonably likely to elicit an incriminating response from a suspect  5 th Amendment  6 th Amendment 3 UNT in partnership with TEA, Copyright ©. All rights reserved.

 Without probable cause, the search is illegal, and the evidence can be suppressed 4 UNT in partnership with TEA, Copyright ©. All rights reserved.

Probable Cause  "a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true".[ prudent and cautious person'sprobably[  Mapp vs. Ohio

Reasonable Suspicion The officer has sufficient knowledge to believe that criminal activity is at hand. A reasonable person would believe that the person may have been involved in criminal activity. Terry vs. Ohio

 Evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation  The poisonous tree and the fruit can both be suppressed and excluded from a criminal trial  4 th Amendment 7 UNT in partnership with TEA, Copyright ©. All rights reserved.

 Protects the freedom of individuals and states  Declares what the government cannot do  Asserts the rights given to the people with which no law or government action can interfere 8 UNT in partnership with TEA, Copyright ©. All rights reserved.

 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 be issued 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. 9 UNT in partnership with TEA, Copyright ©. All rights reserved.

 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 offense to be twice put to 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. 10 UNT in partnership with TEA, Copyright ©. All rights reserved.

14 th Amendment “All person born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of the law; nor deny any person within its jurisdiction the equal protection of the law.”

 The United States is a nation that was founded on the principle of freedom. Civil liberties, as outlined in the Bill of Rights in the original Constitution, were the means by which ordinary citizens could be guaranteed freedom. 12 UNT in partnership with TEA, Copyright ©. All rights reserved.

 The Victim  The Accused  EVERYONE 13 UNT in partnership with TEA, Copyright ©. All rights reserved.