Standard 8 Police and the Constitution

1. Standard 8 Police and the Constitution What are the constitutional limits for law enforcement officers?

2. Learning Target 8.0: I can activate background knowledge about the fundamental doctrines of the criminal justice system. Standard 5 Review

3. What is Due Process? • A right guaranteed by the 5th and 14th Amendments. • Due Process Clause: “No person shall be deprived of life, liberty, or property without due process of law.”

4. Judicial Review • Precedents: each new court case determines the ruling of future like court cases • To overturn a precedent, new evidence or information must be presented • Precedents can uphold or overturn laws • Stare Decisis: “to stand on decided cases”

5. Exit Slip • What is Due Process? (in your own words)

6. Learning Target 8.1 • Given a scenario, I can infer what is probable cause as defined by the 4th Amendment.

7. 4th Amendment • Unreasonable search/seizure prohibited • Warrants must have probable cause • Warrants must be specific

8. Reasonableness • Most U.S. Court decisions are based on “reasonableness” • Judges determine what is reasonable

9. Probable Cause • Reasonableness proven by having Probable Cause • Judge will issue a warrant if police prove probable cause • Probable cause can also justify police actions even if there is no time to get a warrant

10. Probable Cause Can be based on Can not be based on Suspicion alone Anonymous tips Racial Profiling Retroactive evidence found on the suspect • Personal observation (by officers) of criminal activity or activity that precedes a crime such as “casing” a building before robbing it, or fleeing • Information from RELIABLE sources • Evidence

11. Notebook Item 13 – Probable Cause • LT: Given a scenario, I can infer what is probable cause as defined by the 4th Amendment. • Create the following T-Chart in your notebook and complete while watching the video

12. Learning Target 8.2 • I can question whether the exclusionary rule provides or hinders justice.

13. Exclusionary Rule • Evidence can not be used in court if it was seized illegally • Includes evidence found because of the illegally obtained evidence • Why is this controversial? • Example: • John had a feeling that Zach committed the murder so he searched his car without probable and discovered the murder weapon. (weapon inadmissible in court) • John showed Zach the weapon to get Zach to confess. (confession inadmissible in court)

14. Short Essay Question • Which is more important: Protecting the rights of the innocent or ensuring the guilty are punished?

15. Students can create sensory images to demonstrate understanding of when police can perform stops, frisks, and arrests. Learning Target 8.3

16. Stops • Police can stop people when they have “reasonable suspicion” of criminal activity • Totality of Circumstances: Reasonable suspicion can vary based on the circumstances. • Border Patrol • Airports

17. Frisk • There must be reasonable suspicion that the suspect poses a threat • Preventative: to find weapons

18. Arrests • A person is taken into police custody with a formal charge and the understanding that they are under arrest.

19. Arrest Stops vs. Arrests Stop Reasonable Suspicion No warrant required Officer will question Frisk for weapons Probable Cause Will sometimes require a warrant Officer will make a formal charge Search for evidence of a crime

20. Arrests with a Warrant • Judge issues warrant after probable cause is proven • Police must announce themselves before entering a dwelling unless: • Exigent Circumstances • Suspect is armed and threatening • Suspect is destroying evidence or fleeing • Crime is being committed at the time

21. Arrests Without a Warrant • Officer witnesses the offense (misdemeanors) • Probable Cause (felonies)

22. Scenarios • In groups of 3, you will write scenarios to demonstrate your understanding of when police are allowed to perform stops and arrests. Each group member must write one scenario. • Scenario 1: Stop and Frisk (must include an act that warrants reasonable suspicion • Scenario 2: Arrest with a Warrant (must include probable cause) • Scenario 3: Arrest without a Warrant (must include probable cause)

23. In regards to search and seizure restrictions and procedures, I can question which is more important, protecting the right to privacy of the innocent, or ensuring the guilty are punished. Learning Target 8.4

24. Search and Seizure • Most cases will require a warrant: • Probable Cause must be proven • Warrants must specify place to be searched and things to be seized • Plain View Doctrine: Incriminating objects not specified but in “plain view” may be seized as well

25. Search and Seizure Without a Warrant • During an arrest • Officers may search “the area within immediate control” • With Consent • Vehicles • After an arrest • With Probable Cause • Border Patrol

26. Other Exceptions to Search Warrant • Hot Pursuit: if a fleeing suspect enters a building, police can search building • Abandoned Property: can be searched and seized by police (including trash placed on street)

27. How to Handle a Police Stop • Am I Free to Go?

28. Notebook Item? • Which is more important to you: protecting your right to privacy, or ensuring that the police have the ability to search and find evidence necessary to prosecute criminals?

29. I can question the constitutionality of the Patriot Act. Learning Target 8.5

30. Electronic Surveillance • Electronic devices used to monitor and record for evidence • Wiretaps • Hidden Microphones • Hidden Cameras

31. Electronic Surveillance • Admissible in court only if: • Consent is given by one of the parties being recorded or • Warrant • Must specify conversations, places, and suspects • Probable cause of criminal activity

32. Patriot Act of 2001 • Legislation enacted in response to 9/11 • Applies to federal agencies • Legalized surveillance for the purpose of gathering foreign intelligence • Allows search without notification if there is “reasonable cause” • National Security Letters: allows FBI to request private info from banks, internet providers, hotels, etc about clients.

33. Notebook Item? • Does the Patriot Act violate the 4th Amendment? • Which is more important: Protecting the Americans’ right to privacy or catching terrorists?

34. Miranda Rights

35. Miranda • You have the right to remain silent. • Anything you say or do can and will be held against you in a court of law. • You have the right to an attorney. • If you cannot afford an attorney, one will be provided for you. • Do you understand these rights I have just read to you?

36. I can synthesize information to infer when police must read a suspect their Miranda Rights. Learning Target

37. Miranda Rights • 5th Amendment: Protects against self incrimination by coersion • 6th Amendment: Right to counsel • Miranda v. Arizona • Supreme court said that police interrogation is a form of coersion • Miranda warning makes confession a free choice

38. Miranda Requirements • Required during custodial interrogation • After arrest or • When suspect does not feel free to leave • Not required • Routine “booking” questions • Witness questioning at crime scene • Volunteered info • Private statements to friend • During a stop (not arrest)

39. Miranda Protections • Suspect must waive rights to continue with questioning • Interrogation stops when suspect asks for lawyer • Evidence from illegal interrogation is inadmissible in court