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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