Rights of Suspects

1. Rights of Suspects The Fourth Amendment The Fifth Amendment

2. The Fourth 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 persons or things to be seized.

3. Search and Seizure: Probable Cause • The officer has to prove to a judge there is reasonable proof that law is being violated on the premises to be searched.

4. Search Warrants • Identify the property to be searched. • Items to be seized. • Must be the suspect’s property and “common” areas.

5. Situations where warrants aren’t needed: • Consent • Plain View • Emergency Situation • Hot Pursuit • Search pursuant to arrest • Searching for suspect ****

6. Situations where warrants aren’t needed: • Border checkpoints • Airport searches • Sobriety Checkpoints (WITHIN REASON) • Drug Testing – for people involved in accidents / federal jobs. • Student Searches

7. Student Searches • TLO v. New Jersey • Did the assistant principal have the right to search TLO’s purse?

8. School v. Street • Mere suspicion v. probable cause.

9. Situations where warrants aren’t needed • March 2004: USA v. Kelley Gould • Officers no longer need to have a search or arrest warrant for a “brief” search of your home or business.

10. NOTE: • If a warrant is present – burden of proof is on YOU that there wasn’t probable cause. • If there is NOT a warrant – then the burden of proof is on the police that there was probable cause.

11. Search and Seizure Cases • California v. Greenwood: • Is your trash protected by the 4th Amendment?

12. Search and Seizure Cases • Mapp v. Ohio 1968

13. Fifth Amendment • No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

14. Types of Police Questioning • Investigative Interrogation • Answer – but be careful • Accusatory Interrogation • Time to ask for a lawyer or ask to leave. • Custodial Interrogation • Get a lawyer and SHUT UP! • TEST the cops!!

15. Miranda Warning • You have the right to remain silent. Anything that you say can and will be used against you in a court of law. • You may have an attorney present while you are questioned. If you cannot afford one, the court will appoint one for you. • Do you understand these rights as I have read them to you?

16. Police Questioning • May not badger • May not use violence or threat of violence • May not use psychological coercion

17. Cases for Police Questioning • Miranda v. Arizona • Miranda Warning • Quarles v. New York • Public Safety Rule

18. Other People that DON’T have to testify against you: • Spouses (boyfriend / girlfriends don’t count) • Children against parents (SOMETIMES) • Religious leaders (priests) • YOUR doctor • YOUR lawyer

19. The “Christian Burial” Case • Brewer v . Williams Did the police use proper procedure in arresting Mr. Williams or did they violate his right to remain silent?

20. The Exclusionary Rule • If police got a confession illegally or found evidence illegally – can it be used against the defendant??

21. The Exclusionary Rule • YES – IF it was done in GOOD FAITH. • YES – IF there was probable cause that the officers would have EVENTUALLY DISCOVERED the evidence. • Eventual Discovery Rule