The 4th & 5th Amendments Search & Seizure Search & Seizure Rights Against Self Incrimination Rights Against Self Incrimination

The Exclusionary Rule Any evidence obtained in violation of the 4th Amendment will be excluded from use in Court. Any evidence obtained in violation of the 4th Amendment will be excluded from use in Court. “Fruit of the Poisonous Tree” Doctrine “Fruit of the Poisonous Tree” Doctrine Purpose: To deter police misconduct Purpose: To deter police misconduct

What is a Search? Katz v. United States (1967) - What constitutes a “search” under the 4th Amendment? The Supreme Court developed a two prong test: Katz v. United States (1967) - What constitutes a “search” under the 4th Amendment? The Supreme Court developed a two prong test: A person must exhibit an actual (subjective) expectation of privacy; A person must exhibit an actual (subjective) expectation of privacy; That expectation of privacy must be one that society is willing to accept as (objectively) reasonable. That expectation of privacy must be one that society is willing to accept as (objectively) reasonable.

What is a Search? (cont.) Where do you have a reasonable expectation of privacy? Where do you have a reasonable expectation of privacy? Home - Receives the most protection under the 4th Amend. Home - Receives the most protection under the 4th Amend. Vehicles - You have some expectation of privacy, but it is limited; Vehicles - You have some expectation of privacy, but it is limited; Purse/Wallet/Backpack Purse/Wallet/Backpack Limitation - If officers have authority to search your person, they can also search your purse/wallet/backpack. Limitation - If officers have authority to search your person, they can also search your purse/wallet/backpack.

What is a Search? (cont.) Where do you not have a reasonable expectation of privacy? Where do you not have a reasonable expectation of privacy? Clothing Clothing Friends/Acquaintances Friends/Acquaintances Banks/ Banks/ Cell Phones Cell Phones * K-9 Sniffs are not considered searches under the 4th Amendment.

What is a Seizure? When are you “seized” for purposes of the 4th Amendment? When are you “seized” for purposes of the 4th Amendment? When a reasonable person would not feel free to leave. When a reasonable person would not feel free to leave. Two Types of Seizures: Two Types of Seizures: Custodial Arrest Custodial Arrest Terry Stop Terry Stop

Probable Cause Required in every situation where police are executing a search or a seizure. Required in every situation where police are executing a search or a seizure. What constitutes Probable Cause? What constitutes Probable Cause? Search - Probable cause to believe that evidence or the fruit of a crime can be found in a particular place; Search - Probable cause to believe that evidence or the fruit of a crime can be found in a particular place; Seizure - Probable cause to believe a particular person has committed a crime. Seizure - Probable cause to believe a particular person has committed a crime. *Based on a totality of the circumstances*

Warrants Most searches/seizures can be done legally without a warrant. Most searches/seizures can be done legally without a warrant. In order to get a warrant, police need to show probable cause. In order to get a warrant, police need to show probable cause. What does a warrant have to say? What does a warrant have to say? The warrant must state with particularity the place to be searched and the things to be seized. The warrant must state with particularity the place to be searched and the things to be seized. Plain View Exception Plain View Exception

Exceptions to the Warrant Requirement Consent Searches Consent Searches Search Incident to Arrest - Justified on the basis of officer safety; Search Incident to Arrest - Justified on the basis of officer safety; Vehicle Exception Vehicle Exception Inventory Searches Inventory Searches Terry Stop (& Frisk) - A brief detainment for the purpose of questioning. Terry Stop (& Frisk) - A brief detainment for the purpose of questioning. The officer must have a reasonable suspicion that criminal activity is afoot. This must be supported by specific articulable facts The officer must have a reasonable suspicion that criminal activity is afoot. This must be supported by specific articulable facts

The 5th Amendment Miranda v. Arizona (1966) Miranda v. Arizona (1966) Establishes the right of the accused to remain silent in the face of a custodial interrogation. Establishes the right of the accused to remain silent in the face of a custodial interrogation. Suspects must be informed of their right to remain silent and their right to counsel prior to the interrogation. Suspects must be informed of their right to remain silent and their right to counsel prior to the interrogation. Exclusionary Rule - Unless suspects are informed of their 5th Amend. Rights, their statements may not be used against them in court. Exclusionary Rule - Unless suspects are informed of their 5th Amend. Rights, their statements may not be used against them in court.

The 5th Amendment Concern: The inherently coercive nature of the custodial environment. Concern: The inherently coercive nature of the custodial environment. In order for Miranda to apply the suspect must be In order for Miranda to apply the suspect must be 1) In custody (not simply detained) and 1) In custody (not simply detained) and 2) Being interrogated (questioned) by the police. 2) Being interrogated (questioned) by the police. **The police do not need to Mirandize you upon arrest, only upon interrogation**

The 5th Amendment Double Jeopardy Rule Double Jeopardy Rule Forbids a person from being tried twice for the same crime; Forbids a person from being tried twice for the same crime; Concerned with protecting people from harassment. Concerned with protecting people from harassment.