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The 4th Amendment Search _amp; Seizure

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					Rights of the Accused
        Search  & Seizure
 Right Against Self Incrimination

        Right to Counsel
         The 4th Amendment
   Prohibits the government from conducting
    unreasonable searches and seizures;
   Requires the government to obtain a
    warrant in certain situations
         The Exclusionary Rule
   Any evidence obtained in violation of the
    4th or 5th Amendment is excluded from use
    in Court.
       Applies to any “Fruit of the Poisonous Tree”


   Purpose: To deter police misconduct
             What is a Search?
   Katz v. United States (1967) - The
    Supreme Court developed a two part test
    that is still used to determine whether or
    not there has been a “search”:
       A person must exhibit an actual expectation
        of privacy;
       That expectation of privacy must be
        reasonable.
        What is a Search? (cont.)
   Where do you have a reasonable
    expectation of privacy?
       Home - Receives the most protection under the
        4th Amend.
       Vehicles - You have some expectation of
        privacy, but it is limited;
       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?
       Clothing
       Friends/Acquaintances
       Banks/E-mail
       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 a reasonable person would not feel
        free to leave.


   Two Types of Seizures:
       Custodial Arrest
       Terry Stop – brief detainment for questioning
                Probable Cause
   A search/seizure can only be considered
    reasonable if officers have probable cause;
       Required in every situation where police are executing
        a search or a seizure.
   What is Probable Cause?
     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.
    *Based on a totality of the circumstances*
                       Warrants
   Most searches/seizures can be done
    legally without a warrant.
       In order to get a warrant, police need to show
        probable cause.
   What does a warrant have to say?
       The warrant must state with particularity the
        place to be searched and the things to be
        seized.
            Plain View Exception
        Exceptions to the Warrant
              Requirement
   Consent Searches
   Search Incident to Arrest – Justified on
    the basis of officer safety, probable cause
    not required;
   Vehicle Exception – If police have
    probably cause, they can search your car
   Inventory Searches
   Terry Stop (& Frisk) - A brief detainment
    for the purpose of questioning.
           The 5th Amendment
   Miranda v. Arizona (1966)
       Establishes the right of the accused to remain
        silent in the face of police questioning

       Suspects must be informed of their right to
        remain silent and their right to counsel prior to
        questioning;

       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.

   In order for Miranda to apply the suspect must be
       1) In custody (not simply detained) and
       2) Being interrogated (questioned) by the police.


**The police do not need to Mirandize you upon
  arrest, only upon interrogation**
           The 6th Amendment
   Right to Counsel
       Before Gideon, the right to an attorney was
        not guaranteed to defendants in state court;
       Gideon v. Wainwright (1963) – The Supreme
        Court ruled that, “any person… who is too
        poor to hire a lawyer, cannot be assured of a
        fair trial unless counsel is provided for him.”
       Now - whenever a jail sentence of 6 months
        or more is possible, the defendant is entitled
        to an attorney.

				
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posted:5/27/2012
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