1. Police and the Rule of Law
Chapter 6
Introduction to Criminal Justice 2003:
A Microsoft® PowerPoint® Tool
Slides prepared by:
Larry Bassi
SUNY Brockport
© 2002 Wadsworth Publishing Co.

2. Fourth Amendment to the U.S. Constitution
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 search, and the persons or things to be seized..

3. Search Warrant
The search warrant is the acknowledgment by a judge that probable cause exists for law enforcement officers to search for or take a person or property. In other words, the search and seizure must be “reasonable.”

4. Reasonableness Probable Cause Amount of facts required
to lead an officer to believe
that a crime was committed,
is being committed, or is
about to be committed, and
that the person arrested
is responsible.

5. Reasonableness Articulable facts and circumstances
Precise and specific basis for
government action sufficient for a
judge to weigh their contents and
make an independent
decision.

6. Reasonableness Direct Information Objective basis for searches
and seizures grounded on the
first-hand knowledge of
officers.

7. Reasonableness Hearsay Objective basis for searches and seizures
grounded on knowledge of
facts or circumstances
that officers learn from
someone else.

8. Search Warrants, Hearsay and Informants
The police must prove to a judge that, considering the “totality of the circumstances,” an informant has relevant and factual knowledge that a fair probability exists that evidence of a crime will be found in a certain place.

9. Constitution, that excludes illegally seized evidence
Exclusionary Rule
A rule created by the
Supreme Court, not the
Constitution, that excludes
illegally seized evidence
from court proceedings.

10. The Exclusionary Rule: Significant Cases
Weeks v. United States - established the exclusionary rule for the federal court.
Wolf v. Colorado - warned states that the exclusionary rule may apply to them.
Mapp v. Ohio - exclusionary rule applies to state court actions.

11. Fruit of the Poisoned Tree
Evidence that is acquired through the use of illegally obtained evidence is therefore inadmissible in court
(if the tree is poisoned, then so is its fruit)

12. Criticisms of the Exclusionary Rule!
Has allowed
guilty to go free
Has had no direct
impact on police practices
Has not controlled
police harassment

13. What Should Be Done To Change the Exclusionary Rule?
Limit its use to substantial violations by the police - not good faith errors
Strengthen internal police controls
Allow criminal and/or civil prosecutions against police who violate the rules

14. New Cases Weaken the Exclusionary Rule
Slide #1
Illinois v. Gates - anonymous letter establishes probable cause for search warrant
United States v. Leon - good faith exception based on magistrate-issued warrant
Illinois v. Krull - good faith exception okay if based on a state statute

15. New Cases Weaken the Exclusionary Rule
Slide #2
Inevitable Discovery Rule - evidence that would have been eventually found in the same condition
Arizona v. Youngblood - mistaken loss of exculpating evidence not a violation of rights
Arizona v. Evans - good faith reliance on apparently valid warrant is admissible

16. Stop and Frisk Less than a full blown search. Used to investigate
suspicious persons
and circumstances
without making an
arrest.

17. Stop and Frisk or Threshold Inquiries
Terry v. Ohio findings:
may stop and search in a limited manner
suspicious behavior is required
may not be used to harass
may not be used to conduct exploratory searches

18. Three Constitutional Questions About Arrests
What is the constitutional definition of arrest?
If an arrest is a seizure, when is an arrest an “unreasonable” seizure?
If the arrest is an unreasonable seizure, what are the remedies for violations of constitutional rights?

19. Example of an Arrest Warrant

20. What Is an Arrest?
When the officer believes that sufficient legal evidence exists that a crime has been or is being committed and intends to restrain the suspect
The officer deprives the individuals of his or her freedom
Suspect believes he or she is in custody and cannot voluntarily leave

21. Reasonableness of Arrest
The reasonableness of an arrest
depends on:
The
objective
basis for it.
manner of
execution.

22. Searches The poorest man may in his
cottage bid defiance to all the forces of
the crown. It may be frail; its roof may
shake; the wind may blow through it;
the storm may enter; the rain may enter;
but the King of England may not enter; all his
force dares not cross the threshold of the
ruined tenement (without a lawful warrant).
Earl of Chatham, about 1764

23. Searches With Warrants
Reasonableness
depends
on:
Particularity
Probable Cause
Affidavit

24. Probable Cause to Search
Amount of facts and
circumstances that would lead a
reasonable officer to believe that
the places or persons searched will
yield the items or persons named
in the search warrant.

25. Searches With Warrants
Specific degree to which a
warrant describes the places and
persons to be searched, and
things or persons to be seized.
Particularity of the Warrant

26. Searches With Warrants
Affidavit
A sworn statement
accompanying a warrant that
includes the list of facts and
circumstances supporting the
search or seizure.
Affidavit

27. Example of a Search Warrant

28. Items That Can Be Seized With A Search Warrant
Items that resulted from the crime
Items that are inherently illegal for anyone to possess
Items that can be called “evidence” of the crime
Items used in committing the crime

29. Warrantless Searches Warrantless searches must pass the
balancing test of reasonableness.
Some kinds of warrantless search are:
Searches accompanying arrests
Search of vehicles
Plain-view searches
Consent searches
Stops and frisks

30. Balancing Test of Reasonableness
A test of reasonableness
in which courts look at
the facts of each case
in order to balance the
interests of the government in
enforcing the criminal law and of
individuals in maintaining their
privacy.

31. Warrantless Searches: Incident to Lawful Arrest
Legality of this type of search almost always relates to the legality of the arrest.
If the arrest is found invalid, then any warrantless search made incident to it would be considered illegal and the evidence obtained would be excluded in court.

32. Consent Searches Search made without probable cause or a
To claim your rights
you must assert them!
Search made without
probable cause or a
a warrant that is
agreed to by the
person being
searched.

33. Warrantless Searches of Automobile
Must be based on the legal standard of probable cause that a crime related to the automobile has been or is being committed.
Police who undertake the search of a vehicle must have reason to believe that it contains evidence pertaining to the crime.

34. Plain View Searches The right to search and seize what
officers can discover by the use of their
ordinary
senses.

35. Electronic Surveillance
The basic principles of law about electronic
surveillance is that wiretapping and other
devices that violate privacy are contrary to the
Fourth Amendment. As a result of technology,
such devices probably pose a greater threat to
personal privacy than physical searches. Only
narrow exceptions have been permitted by the
U.S. Supreme Court.

36. Miranda v. Arizona (1966) 5th You have the right to remain silent.
If you decide to make a statement, the statement can and will be used against you in a court of law.
You have the right to have an attorney present at the time of the interrogation, or you will have an opportunity to consult with an attorney.
If you cannot afford an attorney, one will be appointed for you by the state.

37. Constitutional and Ethical Questions About Interrogations
When do suspects get their rights against self-incrimination?
What is an interrogation?
How does one waive his/her right against self-incrimination?
When, and how long, can a police officer question someone without advising him or her of their rights?
What is a voluntary confession?

38. Voluntary Confessions
A confession is compelled under
the voluntariness test if all of the
circumstances in the case demonstrate:
Coercive actions by the police or others
who conduct the interrogation.
A causal link between the coercive
actions and the incriminating admissions and confessions.

39. The Effects of Miranda 1. Little effect on number of confessions and
convictions.
2. Forced the police to use
investigative techniques
other than confessions.

40. Working around Miranda

41. Identification Procedures
Photo
Arrays
are based on witnesses
viewing photographs
of possible
suspects.

42. Identification Procedures
Showups
identify a
suspect
without other
possible
suspects present.

43. Identification Procedures
Lineups
Identification procedure in
which witnesses try to identify a
suspect in a line of similar
individuals.

44. Racial Profiling
Racial profiling occurs when a police action is initiated by the race, ethnicity, or national origin of the suspect, rather than any evidence or information that the suspect has broken the law.