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Warrantless search: True or False?!?

Warrantless search: True or False?!?. The police may search a lawfully arrested person and the area immediately around them for concealed weapons without a warrant. A police officer who thinks a person is behaving suspiciously and likely to be armed may stop and frisk the person for weapons.

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Warrantless search: True or False?!?

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  1. Warrantless search: True or False?!? • The police may search a lawfully arrested person and the area immediately around them for concealed weapons without a warrant. • A police officer who thinks a person is behaving suspiciously and likely to be armed may stop and frisk the person for weapons. • If the person agrees, they may be searched without a warrant AND without probable cause.

  2. T/F Cont’d! • If an object connected with a crime is in plain view of an officer, it may be seized without a warrant. • Police in hot pursuit of a suspect are not required to get a search warrant before entering a building they see the suspect enter. • An officer with probable cause may conduct a search of an entire vehicle and any containers in it without a warrant.

  3. STILL MORE T/F!!!!!!!!!! • If the police receive a telephoned bomb threat they may enter a building without a warrant. • Customs agents may search without warrants AND without probable cause whenever they want. • Need any repeated? • Count up T’s and F’s – SCORE TIME! • Let’s Discuss!

  4. Some Criminal Rights-Related Notes! Yeah!

  5. Arrest and Custody • Arrest – when a suspect is taken into custody; either based on a warrant or simply on probable cause • Custody – a situation involving detention where a reasonable person would not feel free to leave

  6. Probable Cause, Warrants, and the Exclusionary Rule • Probable Cause – Reasonable belief, based on some factual info, that a crime has been or is being committed • Warrant – A Court order, based on probable cause, detailing a specific person to be detained (arrest warrant), or describing specific criteria for a search (search warrant) • Exclusionary Rule – rule of law that excludes any illegally obtained evidence from court, no matter how damning the evidence is

  7. “Knock and Announce,” and Profiling • “Knock and Announce” – generally, even with a warrant, police are required to knock and announce their presence. There are most definitely exceptions to this rule • Profiling – Inappropriate use of characteristics like race or age in determining who may or may not have committed a crime

  8. Interrogation v. Interview • Interview – questioning a person who may have pertinent information, but is not a suspect • Interrogation – questioning of an accused suspect about a crime

  9. 4th Amendment • Protects from unreasonable search and seizure • Creates warrant requirement

  10. 5th Amendment • Grand Jury Indictment • Double-Jeopardy protection • Can’t be “deprived of life, liberty, or property, without due process of law” • Protection from Self-Incrimination • “Plead the 5th”

  11. 6th Amendment • Speedy, Public trial • Jury of peers (as impartial as possible) • Confront witnesses against you • Compel witnesses for you • Assistance of Counsel

  12. 8th Amendment • No excessive bail/fines • No cruel and unusual punishment

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