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Police Action and the Rule of Law

Police Action and the Rule of Law. Balance between law and order Exclusionary rule Review of searches. Searches. The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail; its roof may shake; the wind may blow through it;

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Police Action and the Rule of Law

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  1. Police Action and the Rule of Law • Balance between law and order • Exclusionary rule • Review of searches

  2. Searches The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail; its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement (without a lawful warrant). Earl of Chatham, about 1764

  3. Searches With Warrants Particularity Reasonableness depends on: Probable Cause Affidavit

  4. Searches With Warrants Probable cause to search Amount of facts and circumstances that would lead a reasonable officer to believe that the places or persons searched will yield the items or persons named in the search warrant.

  5. Searches With Warrants Particularity of the Warrant Specific degree to which a warrant describes the places and persons to be searched, and things or persons to be seized.

  6. Warrantless Searches Warrantless searches must pass the balancing test of reasonableness. Some kinds of warrantless search are: • Searches accompanying arrests • Search of vehicles • Plain-view searches • Consent searches • Stops and frisks • Hot pursuit

  7. Fourth Amendment Analysis Search by government? Police good faith? Search Valid Warrant Exception? *Incident to arrest *Auto search *Plain view *Consent *Stop & frisk *Hot pursuit/evanescent evidence Reasonably expect privacy? No? No? Was there a warrant? Was warrant proper and executed right? Search Valid Search Valid

  8. Fifth Amendment: Right Against Self-Incrimination • Self-Incrimination • Miranda (1966) • Two cornerstones: • Custody • Interrogation • Public Safety Exception – NY v. Quarles 1984 I should have paid attention in Yates’ class

  9. Balancing Test of Reasonableness A test of reasonableness in which courts look at the facts of each case in order to balance the interests of the government in enforcing the criminal law and of individuals in maintaining their privacy.

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