Search & Seizure

2. Search & Seizure • 4th 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 & Seizure • 4th Amendment • Against Unreasonable Search & Seizure • Reasonable?

4. Probable Cause • Reasonable Suspicion • More than 50% likely • Probable Cause • a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true

5. Probable Cause is the standard by which an officer or agent of the law has the grounds to • make an arrest • to conduct a personal or property search • to obtain a warrant for arrest when criminal charges are being considered. It is also used to refer to the standard to which a grand jury believes that a crime has been committed.

6. Terry Stop • brief detention of a person • by police  • on reasonable suspicion of involvement in criminal activity • but short of probable cause to arrest. Is a consensual encounter considered a Terry Stop?

7. Terry Stop (cont) • police may do a limited search of the suspect’s outer garments • for weapons • if they have a reasonable and articulable suspicion that the person detained may be “armed and dangerous” • known as a “stop and frisk”.

8. Search/Seizure Car • If I’m pulled over, what exactly gives an officer the right to search my car? • What reasons would they do this? • What areas of the car may a cop search? • What if my glove box is locked?

9. Search/Seizure Car (Cont) • Warning = No search

10. Search/Seizure Car (Cont) • Warning = No search • Ticket = Search person, partial car • driver’s reach only • must be related to reason for arrest

11. Search/Seizure Car (Cont) • Warning = No search • Ticket = Search person, partial car • driver’s reach only • must be related to reason for arrest • Contraband = Search interior of car • Entire cabin including back seat • Trunk area as well • Containers that could contain the item

12. Search/Seizure Car (Cont) • Warning = No search • Ticket = Search person, partial car • driver’s reach only • must be related to reason for arrest • Contraband = Search interior of car • Entire cabin including back seat • Trunk area as well • Containers that could contain the item • Locked containers? • Seize car • Search Warrant

13. Search/Seizure Home • If a cop comes to the door, do I have to let them in without a warrant? • What creates a Search Warrant? • Additional contraband found but not listed on search warrant?

14. Search/Seizure Home (Cont) • Plain View? • Open Fields? • Drug Dog on porch? • Constructive Possession

15. Extent of Search Warrant • may only search the places and people listed on the search warrant • may only search for the sought-after evidence • may only search places where they might reasonably find the evidence. For example, officers searching for a rifle may not look in a small jewelry box.

16. Extent of Search Warrant • officers executing a search warrant may detain anyone present during the search (How close to the house?). • if officers find sufficient evidence to arrest someone present, they may arrest and search that person, even if the person was not listed on the warrant.

17. Exemptions to Search Warrant • 1 • 2 • 3 • 4 • 5 • 6

18. Exemptions to Search Warrant • HP • EC • DE • AW • C • PS

19. Exemptions to Search Warrant • Hot (or fresh) Pursuit • Exigent (Emergency) Circumstance • Destruction of Evidence • Arrest Warrant (Which house?) • Consent • Protective Sweep after arrest

20. Exemptions to Search Warrant • Knock and Announce? • Readily apparent that they are police • No-Knock warrant • Officer Safety • Known weapons, CCH indicates….. • Strong potential for destruction of evidence

21. Miranda Rights • How long do you have before you must read a person their Miranda Rights? • In Custody • Intent to Question • If I’m arrested and choose not to speak, is that admitting guilt? • Spontaneous Utterance • Can I stop answering questions after I’ve been read my rights?

22. Truth or Dare? • Can Officers lie to gain information? We have a “witness” when we really don’t…. • coercion vs. voluntary

23. Misc • What limits are there to free speech? (Fire, Disorderly Conduct, Offensive) • Why can’t you curse at a police officer or flip them off but you can do it to regular people? (Complaint: Disorderly Conduct, Offensive) • Are there degrees of criminal damage to property, specifically for mailboxes? Yes • Curfew: 18 with a 17 year old Do we care? Curfew one day before you are 18 (tried as an adult?) -felony (tried as an adult)

24. Misc • Do neighborhood watch programs actually decrease the number of crimes? • possession of fireworks? • hunting / fishing without a license? ODNR • stealing a pumpkin from a yard? • If I buy cigarettes and my friend steals them and gets caught? • What’s the most common crime teens get arrested for?

25. Misc • one ‘phone call’, or is that just the movies? • Why does a criminal who takes away rights, get so many legal rights? • Why are cops exempt from certain things...like equal punishment? • Does more cooperation with an officer mean less punishment? • Is word of mouth enough to convict someone?

26. Free Speech • If a group of people decide to demonstrate disapproval of the government and burn flags, many are arrested on the grounds of disturbing the peace or some other charge.  • D.O.C., not arrested for burning flags, but conduct • Do you have the right to tell a cop what's on your mind without any repercussions?

27. CCW & Self Defense • What requirements are there for self-defense? What is the extent of it? • What kind of trouble can you get in if you shoot guns in city limits? How about a BB gun?

28. Sexting • Pandering obscenity involving a minor: ORC: 2907.32.1 • Obscene, Minor in photo, publicly presented or possessed: F2 (or F3, F4) • Disseminating matter harmful to minor: ORC: 2907.31 • Harmful to minor but not obscene: M1 • Obscene, observing minor is 13+: F5 • Obscene, observing minor is under 13: F4

29. Civil • Can I get fired for missing too much work even with a doctor’s note? • Discrimination? • If campus rules are violated, will the police be called? • Is it a criminal violation? • Can a 17-year old move out of their parent’s house after graduation? • Emancipation (financial, married or Armed Forces) • Divorce from parents (rare)