4 th Amendment The right of the people

Search and Seizure Definitions • Search • Exploration by law enforcement of property or

Searches With a Warrant • 1. In order to get a search warrant, an

• Person or Car • Name of person and description License # and

Searches With a Warrant • 2. Searches must be completed in a reasonable amount

Searches With a Warrant • 3. Before entering a property, officers must announce themselves

Searches Without a Warrant • You cannot be searched in your home or office

• 2. Plain view Doctrine • If an illegal object, or evidence, is

Exclusionary Rule • Any evidence obtained illegally by police cannot be used in a

• 2. Invitable – Discovery Exception: Evidence would have eventually been discovered by

Arrests • With a Warrant · Have to have one to enter a private

• Procedural Law • Eighth Amendment • No Excessive Punishments

No Excessive Bail or Fines • Bail: $$ put up to let a defendant

• Bail cannot be excessive Ex: $1, 000 bail for stealing a $300

No Cruel or Unusual Punishments • The meaning of this applied to punishments seen

No Cruel or Unusual Punishments • Punishment handed down cannot be disproportionate to the

No Cruel or Unusual Punishments • Today, the Eighth Amendment has been applied to

• Procedural Law • 6 th Amendment • Right to a Lawyer, Speedy,

Gideon v. Wainwright • Watch the clips from the movie "Gideon's Trumpet" and answer

Right to a Lawyer • In almost all points in the CJ process, a

• Speedy Trial • Defendants must come to trial in a reasonable amount

Slides: 23

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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, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. "

Search and Seizure Definitions • Search • Exploration by law enforcement of property or person in order to find evidence of crimes • Seizure • The taking into custody of persons or property involved with crimes. • Warrant • Court document ordering law enforcement to arrest or search • Arrest • Taking of a person into custody (not free to go)

Searches With a Warrant • 1. In order to get a search warrant, an officer must prove there was probable cause that - Objects searched for were used in a crime - Objects will be found in place to be searched - Officers fill out an affidavit where they list the probable cause Property • Give address • List rooms to be searched • Objects being searched for

• Person or Car • Name of person and description License # and make of car

Searches With a Warrant • 2. Searches must be completed in a reasonable amount of time • Most cases, within 10 days from when a warrant is issued • Also, some states restrict searches to daytime hours

Searches With a Warrant • 3. Before entering a property, officers must announce themselves as police, and that they have a search warrant • If no one responds, then police can enter by force • Exceptions - Police believe announcement will give time to destroy evidence - Police believe announcement with endanger them

Searches Without a Warrant • You cannot be searched in your home or office w/o a warrant • You can be searched in public w/o a warrant • Circumstances Where Police can search w/o a warrant • 1. Incident to Arrest • Police can search the person being arrested and the area around them for evidence. (has to be under their control) • In a car, can only search the passenger compartment, not the trunk

• 2. Plain view Doctrine • If an illegal object, or evidence, is in plain view, the police can seize it w/o a warrant • 3. Exigent Circumstances • Police can make warrantless searches in emergency situations; prevent destruction of evidence, prevent harm to ppl. , hot pursuit • 4. Consent Search • If someone agrees to a search, police can seize anything illegal found

Exclusionary Rule • Any evidence obtained illegally by police cannot be used in a trial against a suspect • Exceptions • 1. Good Faith Exception • The evidence was obtained by officers acting in "good faith" that the info used in getting warrant was correct • Also applies to mistakes in the warrant

• 2. Invitable – Discovery Exception: Evidence would have eventually been discovered by legal means

Arrests • With a Warrant · Have to have one to enter a private property · Have to have probable cause that (1) a crime was committed (2) the person committed the crime • Without a Warrant · Cannot enter a private home to arrest w/o a warrant unless there is exigent circumstances · Anyone arrested w/o a warrant must come before a judge (48 hrs. ) to determine if there is enough probable cause for arrest

• Procedural Law • Eighth Amendment • No Excessive Punishments

No Excessive Bail or Fines • Bail: $$ put up to let a defendant leave jail before their trial. • Courts do not have to grant bail. . . 1. Serious crime 2. Defendant is a flight risk 3. A lot of evidence already against them

• Bail cannot be excessive Ex: $1, 000 bail for stealing a $300 TV • Fines cannot be excessive Ex: $50, 000 for going 15 miles over the speed limit

No Cruel or Unusual Punishments • The meaning of this applied to punishments seen as "torture".

No Cruel or Unusual Punishments • Punishment handed down cannot be disproportionate to the crime committed Ex: Death Penalty for stealing a car

No Cruel or Unusual Punishments • Today, the Eighth Amendment has been applied to the Death Penalty as well. . . • Supreme Court has ruled that certain means of execution are "cruel and unusual".

• Procedural Law • 6 th Amendment • Right to a Lawyer, Speedy, Public and Jury Trial

Gideon v. Wainwright • Watch the clips from the movie "Gideon's Trumpet" and answer the questions provided

Right to a Lawyer • In almost all points in the CJ process, a defendant has the right to be represented by a lawyer. • If a defendant cannot afford one, a lawyer will be appointed by the court for them. • If a lawyer's representation is seen as "deficient", then the defendant can appeal the conviction.

• Speedy Trial • Defendants must come to trial in a reasonable amount of time after arrest. • Delays can only happen because of important reasons ie: finding witnesses • Public Trial - Trials must be held in public where the crime was committed, unless circumstances prohibit it.