III. Rights of the Accused. A. Exclusionary Rule Exclusionary Rule – Supreme Court ruled any evidence collected illegally cannot be used in federal court.

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III. Rights of the Accused

A. Exclusionary Rule Exclusionary Rule – Supreme Court ruled any evidence collected illegally cannot be used in federal court Police must act in good faith when requesting a warrant Police do not need a warrant when they see someone breaking the law

Collecting Evidence

B. Movable Evidence California v. Acevedo (1987) – Police do not need a search warrant to search a car that is legally stopped as long as they have probable cause to do so Police are not allowed to search the trunk or a locked glove compartment without a warrant

Jay-Z references the Fourth Amendment in the song "99 Problems." A police officer pulls Jay-Z over in his car and approaches him. The cop says: "Well, do you mind if I look around the car a little bit?" Jay-Z replies: "Well, my glove compartment is locked, so is the trunk in the back, and I know my rights, so you're going to need a warrant for that."That's the Fourth Amendment! Word to Your Mother!

C. Student Locker Searches New Jersey V. T.L.O. - Ruled that schools do not need warrants or probable cause to search students or their property Student lockers can be checked at any time Constitutional to bring in drug dogs to search every locker Court has ruled that the 4 th Amendment does not apply to high school students

Good Dog

D. Guarantee of Counsel Counsel – An attorney 6 th Amendment guarantees a defendant the right to an attorney Government must provide counsel whenever a jail sentence of 6 months or more is possible

E. Self-Incrimination Ernesto Miranda confessed to kidnapping and rape without being told he could remain silent or talk to a lawyer Miranda v. Arizona (1966) – No person may be convicted of a crime if police question them before they are informed of their rights

Miranda Rights 1 – Right to remain silent 2 – Anything you say can and will be used against you in a court of law 3 – Have the right to attorney 4 – If they can not afford an attorney they will be provided with one 5 – May end police questioning at any time 6 – Must be asked if you understand these rights

F. Cruel and Unusual Punishment Furman v. Georgia (1972) – Court ruled that the death penalty was unconstitutional Discriminates against poor minorities Most states responded by rewriting their death penalty laws

# of People Executed from

Modern Capital Punishment

Found that only 1 person for every 50,000 murders was sentence to death Disproportionate number of poor minorities sentenced to death Buy your way out of the death penalty?