Criminal Justice-- Investigations Chapter 12—Due Process Rights of Suspects under 4 th & 5 th Amendments

Objectives Understand what constitutes an arrest Learn what can happen during a traffic stop Understand the scope and limits of law enforcement searches under the 4 th Amendment Learn how the 5 th Amendment protects suspects against self-incrimination

What is an Arrest? Most encounters with police officers are not arrests A traffic stop is technically an arrest, but more accurately a temporary detention (although an arrest may follow) An arrest requires “probable cause” rather than mere reasonable/articulable suspicion Or an arrest warrant Arrest: occurs when one is taken into custody under circumstances in which a reasonable person would not feel free to leave

What Can Be Searched During a Traffic Stop? Officers can conduct a pat-down search (Terry search) to protect themselves (looking for concealed weapons) They can also look into accessible areas of the car for weapons, but not conduct a general search unless they have probable cause

What Should You Do if Stopped or Arrested? Be Polite! Do not resist or swear. Resisting can give rise to a separate charge! Provide requested identification Do not volunteer information! OK to sign traffic citations Call a lawyer, parent, or other adult relative as soon as you are allowed to do so. Do not discuss the case with others! Statements can be admitted against you! (jailhouse “snitch”)

What to Expect After Arrest Vehicle may be towed and impounded You may be photographed and fingerprinted Personal possessions will probably be taken from you (ask for a receipt if one is not given) DUI—to blow or not to blow? Remember the implied consent and “aggravated” DUI laws!! Consider asking for a blood test rather than a Breathalyzer

Search and Seizure 4 th 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 …” Unreasonable = one conducted without probable cause, a valid warrant, or consent Key consideration: “reasonable expectation of privacy” Garbage; lockers; Also requires that search warrants be specific. No “fishing expeditions” permitted Plain view/feel/smell exceptions Remedy for violation: exclusionary rule—very important! Does not bar prosecution based on other evidence! Remember the harmless error rule!

Searches with a Warrant Warrants are obtained based on affidavits Sworn statements describing the facts and circumstances establishing probable cause to search Searches must be limited to terms of the warrant, subject to plain view and other exceptions Procedures: generally, must knock, ID, and announce purpose and request admission “No-knock” is allowed if danger is suspected or likelihood that evidence will be destroyed.

Warrantless Searches Search incident to a lawful arrest—can search the person for weapons or evidence that might be destroyed. Can also search vehicle. “Protective sweeps” are also permitted. Stop and frisk—weapons and “plain feel” evidence only Consent—this eliminates any issue as to the constitutionality of the search, provided the consent is voluntary Plain view/feel/smell Hot pursuit

Warrantless Searches Vehicles—Officers can search vehicles if they have probable cause to believe they contain contraband (illegal items) or have been used in the commission of a crime Cannot pull you over and conduct a general search based solely on a minor traffic offense Emergencies—can enter to check out bomb threats, screams, billowing smoke, etc. Border & airport searches

Interrogation and Confessions 5 th Amendment: “No person … shall be compelled in any case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law.” Confessions are admissible only if voluntarily given Miranda warnings (1966)—failure to give only invalidates evidence obtained during custodial interrogation Usually given several times and at least once in writing, signed by the defendant Escobedo—even a voluntary confession is inadmissible if given after a request for an attorney has been denied. Public safety exception Use/prosecutorial immunity

Check for Understanding Work with a partner to answer Problem 12.2 on p. 137 and 12.3 p. 139 You will turn it in first and then we will discuss.