iii. rights of the accused. a. exclusionary rule exclusionary rule – supreme court ruled any...
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III. Rights of the III. Rights of the AccusedAccused
III. Rights of the III. Rights of the AccusedAccused
A. Exclusionary Rule
• Exclusionary Rule – Supreme Court ruled any evidence collected illegally cannot be used in federal court
• Police must act in good faith when requesting a warrant
• Police do not need a warrant when they see someone breaking the law
B. Movable Evidence
• California v. Acevedo (1987) – Police do not need a search warrant to search a car that is legally stopped as long as they have probable cause to do so
• Police are not allowed to search the trunk or a locked glove compartment without a warrant
• Jay-Z references the Fourth Amendment in the song "99 Problems." A police officer pulls Jay-Z over in his car and approaches him.
The cop says: "Well, do you mind if I look around the car a little bit?" Jay-Z replies: "Well, my glove compartment is locked, so is the trunk in the back, and I know my rights, so you're going to need a warrant for that."That's the Fourth Amendment! Word to Your Mother!
C. Student Locker Searches • New Jersey V. T.L.O. - Ruled that
schools do not need warrants or probable cause to search students or their property
• Student lockers can be checked at any time
• Constitutional to bring in drug dogs to search every locker
• Court has ruled that the 4th Amendment does not apply to high school students
D. Guarantee of Counsel
• Counsel – An attorney• 6th Amendment guarantees a
defendant the right to an attorney • Government must provide counsel
whenever a jail sentence of 6 months or more is possible
E. Self-Incrimination• Ernesto Miranda confessed to
kidnapping and rape without being told he could remain silent or talk to a lawyer
• Miranda v. Arizona (1966) – No person may be convicted of a crime if police question them before they are informed of their rights
Miranda Rights
• 1 – Right to remain silent• 2 – Anything you say can and will be used
against you in a court of law• 3 – Have the right to attorney • 4 – If they can not afford an attorney they
will be provided with one• 5 – May end police questioning at any
time• 6 – Must be asked if you understand
these rights
F. Cruel and Unusual Punishment
• Furman v. Georgia (1972) – Court ruled that the death penalty was unconstitutional
• Discriminates against poor minorities
• Most states responded by rewriting their death penalty laws
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