AGENDA Today: Search and seizure Tomorrow: SRO talk (come up with questions!) Wednesday: search and seizure exercises Thursday: Review Friday: Test (50-60 multiple choice)

Let’s revisit last Thursday… Your warmup: Out of the four purposes of punishment – retribution, deterrence, rehabilitation, and incapacitation – which should juvenile centers focus the MOST on, and why?

WARM UP #2 How would you feel if someone stole your iPhone from you? What would you do? What if they then gained access into your iPhone and looked through all your pictures and read all of your texts? How would you feel?

What rights you have What rights police officers have SEARCH AND SEIZURE What rights you have What rights police officers have

SEARCH AND SEIZURE 4th amendment: “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 person or things to be seized.” *break it down into your own words

SEARCH AND SEIZURE Is there a right to privacy in the Fourth Amendment? What does the Fourth Amendment do? No!! It protects us from unreasonable searches.

EXCLUSIONARY RULE protects citizens from unreasonable searches and seizures Once you’ve been arrested for a crime, courts can decide whether or not the evidence found in a search was legally obtained If not, it cannot be used against you in a court of law Unlawful searches cannot be used as evidence to put you behind bars Exclusionary rule should force cops to obey the law and not break rules

So then how are police allowed to search someone’s property? Search warrants! Or legal searches without a warrant 

SEARCH WARRANTS Before a judge issues a search warrant, a police officer must file an affidavit that proves there’s probable cause Affidavit: sworn statement of facts What Brendan Dassey was signing

SEARCH WARRANTS Search warrant: court order Needs to be very specific Must be conducted: in a certain amount of days, during day time (unless warrant specifically states otherwise) Can search for ONLY what is on the warrant, and ONLY what they are specifically looking for If someone stole 30 TVS, it would be unreasonable to search their dresser drawers for the TVs

SEARCH WARRANTS Even so, police cannot enter your house without FIRST giving a “knock and announce” They must knock They must announce their purpose They must announce their authority They must request admission Police can still break into a house based on probable cause if they have a search warrant, but they still need to announce. OR, if they believe that someone inside is destroying evidence (flushing drugs down the toilet, for example).

QUICK DISCUSSION Think back to Making a Murderer. What did the police do wrong in regards to searching his property? Make a list.

SEARCHES WITHOUT A WARRANT Search due to a lawful arrest A search that is part of a lawful arrest is considered reasonable – as long as it’s immediately around the person What if you get arrested around your car? What can cops search? The car itself, but not the trunk What if you’re arrested at your house? Yes – they can do a ‘protective sweep’ of the house, but cannot go through drawers, etc Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers. Within plain view!!!

SEARCHES WITHOUT A WARRANT Stop and frisk If someone is behaving suspiciously, police can check for weapons What about drugs? “The Supreme Court has also said that seizing and illegal substance (such as drugs) during a valid frisk is reasonable if the officers’ sense of touch makes it immediately clear that the object felt is an illegal one. This is known as the ‘plain feel’ exception.” Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

RACIAL PROFILING The inappropriate use of race as a factor in identifying people who may break or have broken the law Examples?

SEARCHES WITHOUT A WARRANT Consent When a person voluntarily agrees, police can conduct a search without a warrant and without probable cause Can a parent consent to having their child’s possessions searched? Yep. Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

SEARCHES WITHOUT A WARRANT Border and airport searches Customs agents are authorized to search without warrants and without probable cause Body searches only when reasonable suspicion of criminal activity Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

SEARCHES WITHOUT A WARRANT Vehicle searches If a police officer has probable cause that the vehicle contains contraband, the officer can search the car and all within it without a warrant Do police officers have the right to stop and search vehicles randomly on the streets? No – must be based on probable cause Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

SEARCHES WITHOUT A WARRANT Plain View If an object connected with a crime is in plain view and can be seen from a place where an officer has a right to be, it can be seized without a warrant *contraband = illegal items If a cop stops a car for a traffic violation and sees a gun lying on the seat, can the cop seize it? Yes! If a cop has gained legal entrance into a suspect’s house and sees bags of heroine on the table, can the cop seize it? Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

SEARCHES WITHOUT A WARRANT Hot pursuit If a police officer is chasing a suspect – if he or she is in ‘hot pursuit’ – and see the suspect enter a building, he or she can follow behind without a warrant Can police seize evidence found in plain view during a hot pursuit of a suspected felon? Yes! Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

SEARCHES WITHOUT A WARRANT Emergency Situations Searching a building after a telephoned bomb threat, entering a house after smelling smoke or hearing screams, etc Police may also enter a house when the police have probable cause to believe that failure to enter immediately without a warrant will result in destruction of evidence, escape of the suspect, or harm to someone in the house Not the trunk! Yes – for a ‘protective sweep’ of other people, but cannot go through drawers

4th Amendment Debate

From NPR – “Legal scholars and courts have been wrangling for more than a year over whether the National Security Agency’s collection of millions of Americans’ phone records – a program first disclosed to the public by former NSA contractor Edward Snowden in 2013 – violate those protections [found in the 4th amendment]?”

Wait, back up: Arrests Can happen with an arrest warrant Complaint to a judge Takes a long time Or due to probable cause Reasonable belief that a person committed a crime Based on more than just a hunch, but is usually based on a judgment call Police hear about a bank robbery. Police see a man fitting the description running away from a bank. Can they arrest him? YES! Does that mean he’s guilty of the crime? NO.