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SEARCHES WITHOUT A WARRANT

SEARCHES WITHOUT A WARRANT. SUSPICIONLESS SEARCHES. Usually unreasonable if no individual suspicion of wrongdoing Search only the person upon whom individual suspicion focused Limited circumstances where individualized suspicion need not be met

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SEARCHES WITHOUT A WARRANT

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  1. SEARCHES WITHOUT A WARRANT

  2. SUSPICIONLESS SEARCHES • Usually unreasonable if no individual suspicion of wrongdoing • Search only the person upon whom individual suspicion focused • Limited circumstances where individualized suspicion need not be met • Special needs beyond goals of routine law enforcement • Fixed-point searches at or near borders; mandatory drug and alcohol tests for RR employees involved in accidents

  3. RACIAL PROFILING IN POLICE INVESTIGATIONS • Inappropriate use of race as a factor in identifying people who may break or have broken the law • Violates equal protection before the law and presumption of innocence? • May appropriately use race as ONE factor among others in deciding whom to stop

  4. DISCUSSION EXERCISE • WHOLE CLASS DISCUSSION: WAS RACE USED AS A FACTOR? • A LADY AND MAN ARE IN THE TICKETING LINE AT THE AIRPORT. THEY SEE AN ARAB-LOOKING MAN WITH NO LUGGAGE IN THE FRONT OF THEM AND HE IS TALKING TO ANOTHER ARAB-LOOKING GENTLEMAN WITH NO LUGGAGE. THE COUPLE TELLS THE TSA AGENT WHO PULLS THE TWO OUT OF THE LINE AND DETAINS THEM.

  5. INTERROGATIONS AND CONFESSIONS • 5TH Amendment privilege against self-incrimination • Government bears the burden of proof • 6th Amendment right to assistance of an attorney • Not admissible if not voluntary and trustworthy • Physical force, torture, threats prohibited

  6. INTERROGATIONS AND CONFESSIONS • ESCOBEDO V. ILLINOIS • Voluntary confession inadmissible if obtained after defendant’s request to talk to an attorney has been denied • MIRANDA V. ARIZONA • Miranda warnings • Failure to give does not affect validity of arrest • Only if want to use statements from accused at trial

  7. INTERROGATIONS AND CONFESSIONS • Public safety exception to Miranda Rule • May ask questions related to public safety before advising suspects of their rights • Must be in condition of custodial interrogation before warnings needed • Not free to leave AND being interrogated

  8. WHOLE GROUP DISCUSSION • There has been a robbery at the Discount Zone convenience store. An eyewitness has told police that the robber was a young black male, thin, with facial hair. Officer White sees Mr. Ferguson, Mr. Gibson, Mr. Ellis and Mr. Simard standing on the corner. He stops Mr. Ferguson, Mr. Gibson and Mr. Ellis. Has Officer White committed racial profiling? Officer White determines that Mr. Gibson is his suspect. He asks Mr. Gibson where the gun is that he used. Mr. Gibson tells him its behind the store they are in front of. Did Officer White violate the Miranda Rule? Officer White places Mr. Gibson in handcuffs and reads him his rights. After being read his rights, Mr. Gibson asks to speak with Mr. Guastella. He does not tell Officer White that Mr. Guastella is his attorney. Officer White continues to question Mr. Gibson who confesses. Did Officer White violate Mr. Gibson’s rights?

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