Criminal Justice--Criminal Justice--InvestigationsInvestigations

Chapter 12—Due Process Rights Chapter 12—Due Process Rights of Suspects under 4of Suspects under 4thth & 5 & 5thth

AmendmentsAmendments

ObjectivesObjectives

• Understand what constitutes an arrest

• Learn what can happen during a traffic stop

• Understand the scope and limits of law enforcement searches under the 4th Amendment

• Learn how the 5th Amendment protects suspects against self-incrimination

What is an Arrest?What is an Arrest?

• Most encounters with police officers are not arrests

• A traffic stop is technically an arrest, but more accurately a temporary detention (although an arrest may follow)

• An arrest requires “probable cause” rather than mere reasonable/articulable suspicion

• Or an arrest warrant• Arrest: occurs when one is taken into

custody under circumstances in which a reasonable person would not feel free to leave

What Can Be Searched During a What Can Be Searched During a Traffic Stop?Traffic Stop?

• Officers can conduct a pat-down search (Terry search) to protect themselves (looking for concealed weapons)

• They can also look into accessible areas of the car for weapons, but not conduct a general search unless they have probable cause

What Should You Do if Stopped or What Should You Do if Stopped or Arrested?Arrested?

• Be Polite!• Do not resist or swear. Resisting

can give rise to a separate charge!• Provide requested identification• Do not volunteer information!• OK to sign traffic citations• Call a lawyer, parent, or other adult

relative as soon as you are allowed to do so.

• Do not discuss the case with others! Statements can be admitted against you! (jailhouse “snitch”)

• https://vimeo.com/124336782

What to Expect After ArrestWhat to Expect After Arrest

• Vehicle may be towed and impounded• You may be photographed and

fingerprinted• Personal possessions will probably be

taken from you (ask for a receipt if one is not given)

• DUI—to blow or not to blow? Remember the implied consent and “aggravated” DUI laws!!

• Consider asking for a blood test rather than a Breathalyzer

Search and SeizureSearch and 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 …”

• Unreasonable = one conducted without probable cause, a valid warrant, or consent

• Key consideration: “reasonable expectation of privacy”

• Garbage; lockers;• Also requires that search warrants be specific.

No “fishing expeditions” permitted• Plain view/feel/smell exceptions• Remedy for violation: exclusionary rule—very

important!• Does not bar prosecution based on other

evidence!• Remember the harmless error rule!

Searches with a WarrantSearches with a Warrant• Warrants are obtained based on

affidavits• Sworn statements describing the

facts and circumstances establishing probable cause to search

• Searches must be limited to terms of the warrant, subject to plain view and other exceptions

• Procedures: generally, must knock, ID, and announce purpose and request admission

• “No-knock” is allowed if danger is suspected or likelihood that evidence will be destroyed.

Warrantless SearchesWarrantless Searches

• Search incident to a lawful arrest—can search the person for weapons or evidence that might be destroyed. Can also search vehicle. “Protective sweeps” are also permitted.

• Stop and frisk—weapons and “plain feel” evidence only

• Consent—this eliminates any issue as to the constitutionality of the search, provided the consent is voluntary

• Plain view/feel/smell• Hot pursuit

Warrantless SearchesWarrantless Searches

• Vehicles—Officers can search vehicles if they have probable cause to believe they contain contraband (illegal items) or have been used in the commission of a crime

• Cannot pull you over and conduct a general search based solely on a minor traffic offense

• Emergencies—can enter to check out bomb threats, screams, billowing smoke, etc.

• Border & airport searches

Interrogation and ConfessionsInterrogation and Confessions

• 5th Amendment:• “No person … shall be compelled in any case to be

a witness against himself, nor be deprived of life, liberty or property, without due process of law.”

• Confessions are admissible only if voluntarily given• Miranda warnings (1966)—failure to give only

invalidates evidence obtained during custodial interrogation

• Usually given several times and at least once in writing, signed by the defendant

• Escobedo—even a voluntary confession is inadmissible if given after a request for an attorney has been denied.

• Public safety exception• Use/prosecutorial immunity

Check for UnderstandingCheck for Understanding

• Work with a partner to answer Problem 12.2 on p. 137 and 12.3 p. 139

• You will turn it in first and then we will discuss.