1. Criminal Law: Constitutional Issues
4th, 5th, 6th, & 8th Amendments

2. Criminal Procedure
Certain Amendments are focused on providing protection to people who have been arrested and charged with a crime.
4th Amendment – protects against unreasonable searches and seizures
5th Amendment – double jeopardy, self-incrimination, due process
6th Amendment – right to speedy trial, Confrontation Clause
8th Amendment – Right against cruel and unusual punishment

3. Criminal Procedure
What happens if one of these amendments is violated?
Can be grounds for dismissal of the charges
Can mean that the evidence obtained in violation of the amendment cannot be used
Police have to be aware of these rules when gathering evidence

4. 4th Amendment

5. 4th Amendment: Arrests
Arrest = a person suspected of a crime is taken into custody. It is a seizure.
4th Amendment requires a seizure to be reasonable
2 ways to be taken into custody:
With an arrest warrant issued by a judge
Without an arrest warrant if there is probable cause

6. 4th Amendment: Arrests Arrest
Someone who is taken into custody under circumstances in which a reasonable person would not feel free to leave
Ex: If you are placed in handcuffs and placed in the squad car, you’re under arrest
Ex: If police ask you to come downtown to the station so they can ask you questions, you aren’t under arrest

7. 4th Amendment: Arrests
Arrest Warrant – Court order commanding that the person named in it be taken into custody.
Will be issued on the basis of probable cause.
Probable Cause – having a reasonable belief that a specific person committed a crime.
You don’t have to be sure yet!

8. 4th Amendment: Arrests Probable Cause
No exact formula for determining whether it exists
Often, police use their own judgment, but should be more than mere suspicion
Ex: Police officer hears over the radio that a crime was committed by a 5’11 man wearing a red hoodie. Someone matching the description runs by. This is probable cause to arrest him.

9. 4th Amendment: Arrests Probable Cause
Can be based on outside information
Statement of victim or witness
Informant’s tip IF the informant is reliable
Can police corroborate (confirm the information)?
Can perform a stop and frisk
Limited pat down of person’s outer clothing to remove any weapons

10. 4th Amendment: Search and Seizure
Right to be free from unreasonable search and seizures conducted by the government
Usually need a search warrant to search someone’s home
Courts consider – Did you have a reasonable expectation of privacy?

11. 4th Amendment: Search and Seizure
Ex: Rocco steals video games to play with his friend, Eric, and hides them under his bed. Police most likely cannot search without a warrant because Rocco has a reasonable expectation of privacy (REOP) in items in his home, especially in his room.

12. 4th Amendment: Search and Seizure
Ex: Amber steals Julia’s ATM card and withdraws large amounts of money from Julia’s account. Amber throws the receipts from the withdrawals in the garbage and places the garbage at the curb for pick-up. Police find the receipts when going through the garbage bag.
No REOP because the garbage was placed out on the curb.

13. 4th Amendment: Search and Seizure
Ex: Jason commits murder and asks Mitch to hide the weapon in his car. Police search the car and find the weapon. Jason challenges the search.
Jason loses. No REOP in someone else’s home or car.

14. 4th Amendment: Search and Seizure
What happens when police find evidence as a result of a search that was illegal?
Exclusionary Rule: Excluded from being used in court
It’s considered “fruit of the poisonous tree.”

15. 4th Amendment: Search and Seizure
Procedure – Police must properly execute a warrant.
Knock
Announce their presence.
Can only search those areas specified in the warrant.
BUT – they may seize anything in “PLAIN VIEW”

16. 4th Amendment: Search and Seizure
Ex: Police have a warrant to search Davin’s home for a stolen 55” TV. They cannot go through drawers that would be too small to hold the TV.
BUT – If they find drug paraphernalia sitting on his dining room table while searching, IN PLAIN VIEW, they may seize it.

17. 4th Amendment: Search and Seizure
When can police search without a warrant?
Search Incident to a Lawful Arrest – search the person and the area immediately around him for weapons.
Stop and Frisk – Someone acting suspiciously can be searched for weapons. Also may seize drugs if it’s clear that the object feels like illegal drugs.

18. 4th Amendment: Search and Seizure
When can police search without a warrant?
Consent – A person voluntarily agrees to be searched
Parent’s can agree to searches of child’s property if minor.
Border/Airport Searches – Customs agents can search without warrants or probable cause

19. 4th Amendment: Search and Seizure
When can police search without a warrant?
Vehicle Searches – Based on probable cause that the vehicle contains contraband. Can search the entire vehicle as well as any containers in the vehicle.
Plain View – If the object can be plainly seen and the officer is in a place where he has the right to be
Ex: At a traffic stop, officer sees drugs lying on the seat next to the driver

20. 4th Amendment: Search and Seizure
When can police search without a warrant?
“Hot Pursuit” – Police are in urgent or immediate pursuit of a suspect and he enters a building.
Ex: Officer Bob sees Marvin rob a bank and run out with the cash. Bob chases Marvin down the street and Marvin runs into his house, three blocks away. Bob may follow Marvin into his house without a warrant.

21. 4th Amendment: Search and Seizure
When can police search without a warrant?
Emergency Situations – Police trying to prevent a dangerous situation but they don’t have time to contact a judge and have a warrant issued. Also applies when a suspect is about to destroy evidence.
Ex: Searching a building after receiving a bomb threat

22. 4th Amendment: Searches in Public Schools
Supreme Court Case: New Jersey v. TLO (1985)
Principal suspected student of violating school rule against smoking
Searched her purse and found evidence of marijuana use
Student argued that this was a violation of her expectation to privacy in her purse

23. 4th Amendment: Searches in Public Schools
Supreme Court Case: New Jersey v. TLO
In order to search student, school needs to have REASONABLE SUSPICION, not PROBABLE CAUSE
MUCH lower standard
Suspect student is violating either the law or school rules
Students do no have a reasonable expectation to privacy in their lockers

24. 5th Amendment

25. 5th Amendment: Interrogations
Interrogate = To question a witness or suspected criminal
Police must follow certain rules
Self-Incrimination = Giving evidence or answering questions that would tend to subject one to criminal prosecution
Right to remain silent, not testify at trial
Why? Government bears burden of proof.
Defendant does not have to make their case for them

26. 5th Amendment: Interrogations
Escobedo v. Illinois (1964) – voluntary confession is inadmissible if given after the defendant asked for, and was denied, the opportunity to speak with his attorney.
Miranda v. Arizona (1966) – If police want to obtain statements that will be used at trial, they must inform the defendant of his rights against self-incrimination before questioning begins
Exception – Questions relating to public safety

27. 5th Amendment: Double Jeopardy
Double Jeopardy – A defendant cannot be prosecuted more than once for the same crime
This applies whether the defendant has been acquitted or convicted
Does not apply if there is a mistrial – A trial which is terminated before its normal conclusion
Hung Jury
Statements which would prejudice a jury
Some procedural errors

28. 6th Amendment

29. 6th Amendment: Speedy Trial
Constitution doesn’t define speedy trial.
Some states have set time limits
PA – One year if defendant isn’t in custody, 180 days if defendant is in custody
This can be waived, or given up, by the defendant
Why? Need time to prepare case, find evidence, locate witnesses, etc.
Cannot be waived by the state

30. 6th Amendment: Confrontation Clause
Defendant has the right to face accuser and witnesses
Includes right to cross-examine them and ask questions at trial
Defendant has the right to be present in the court room during all trial proceedings
Exception – Defendant is acting in a disruptive or disorderly manner

31. 8th Amendment

32. 8th Amendment: Cruel and Unusual Punishment
Defendant cannot be sentenced to what amounts to cruel and unusual punishment
Severe punishments cannot be unnecessary
Ex: Cannot sentence someone to life in prison for shoplifting
Punishments must be accepted by society as a whole
Controversy – DEATH PENALTY

33. 8th Amendment: Cruel and Unusual Punishment
Death Penalty is very controversial
Outlawed by some states as unconstitutional
Can only be used in cases of murder
In recent years, could be used in cases of rape
Also depends on HOW the execution is carried out
Recently, lethal injections have come under scrutiny. What drugs are used? Does it cause pain? How often does it fail to work on the first try?