The 4th & 5th The 4th & 5th AmendmentsAmendments

Search & SeizureSearch & SeizureRights Against Self IncriminationRights Against Self Incrimination

The Exclusionary RuleThe Exclusionary Rule

Any evidence obtained in violation of the Any evidence obtained in violation of the 4th Amendment will be excluded from use 4th Amendment will be excluded from use in Court.in Court. ““Fruit of the Poisonous Tree” DoctrineFruit of the Poisonous Tree” Doctrine

Purpose: Purpose: To deter police misconductTo deter police misconduct

What is a Search?What is a Search?

Katz v. United StatesKatz v. United States (1967) - (1967) - What What constitutes a “search” under the 4th constitutes a “search” under the 4th Amendment?Amendment? The Supreme Court The Supreme Court developed a two prong test:developed a two prong test: A person must exhibit an actual (subjective) A person must exhibit an actual (subjective)

expectation of privacy;expectation of privacy; That expectation of privacy must be one that That expectation of privacy must be one that

society is willing to accept as (objectively) society is willing to accept as (objectively) reasonablereasonable..

What is a Search? (cont.)What is a Search? (cont.)

Where do you have a reasonable Where do you have a reasonable expectation of privacy?expectation of privacy? HomeHome - Receives the most protection under the - Receives the most protection under the

4th Amend.4th Amend. VehiclesVehicles - You have - You have somesome expectation of expectation of

privacy, but it is limited;privacy, but it is limited; Purse/Wallet/BackpackPurse/Wallet/Backpack

LimitationLimitation - If officers have authority to search your - If officers have authority to search your person, they can also search your person, they can also search your purse/wallet/backpack.purse/wallet/backpack.

What is a Search? (cont.)What is a Search? (cont.) Where do you Where do you not not have a reasonable expectation have a reasonable expectation

of privacy?of privacy? ClothingClothing Friends/AcquaintancesFriends/Acquaintances Banks/E-mailBanks/E-mail Cell PhonesCell Phones

* K-9 Sniffs are not considered searches under the 4th * K-9 Sniffs are not considered searches under the 4th Amendment.Amendment.

What is a Seizure?What is a Seizure?

When are you “seized” for purposes of the When are you “seized” for purposes of the 4th Amendment?4th Amendment? When a reasonable person would not feel When a reasonable person would not feel

free to leave.free to leave.

Two Types of Seizures:Two Types of Seizures: Custodial ArrestCustodial Arrest TerryTerry Stop Stop

Probable CauseProbable Cause Required in every situation where police Required in every situation where police

are executing a search or a seizure.are executing a search or a seizure. What constitutes What constitutes Probable Cause?Probable Cause?

Search - Search - Probable cause to believe that Probable cause to believe that evidence or the fruit of a crime can be found in evidence or the fruit of a crime can be found in a particular place;a particular place;

Seizure - Seizure - Probable cause to believe a Probable cause to believe a particular person has committed a crime.particular person has committed a crime.

*Based on a *Based on a totality totality of the circumstances*of the circumstances*

WarrantsWarrants

Most searches/seizures can be done Most searches/seizures can be done legally legally withoutwithout a warrant. a warrant.

In order to get a warrant, police need to In order to get a warrant, police need to show show probable cause.probable cause.

What does a warrant have to say?What does a warrant have to say? The warrant must state The warrant must state with particularity with particularity the the

place to be searched and the things to be place to be searched and the things to be seized.seized.

Plain View ExceptionPlain View Exception

Exceptions to the Warrant Exceptions to the Warrant RequirementRequirement

Consent SearchesConsent Searches Search Incident to ArrestSearch Incident to Arrest - Justified on the - Justified on the

basis of officer safety;basis of officer safety; Vehicle Exception Vehicle Exception Inventory SearchesInventory Searches Terry Terry Stop (& Frisk) - Stop (& Frisk) - A brief detainment A brief detainment

for the purpose of questioning.for the purpose of questioning. The officer must have The officer must have a reasonable suspicion a reasonable suspicion

that criminal activity is afoot. This must be that criminal activity is afoot. This must be supported by supported by specificspecific articulable facts articulable facts

The 5th AmendmentThe 5th Amendment Miranda v. ArizonaMiranda v. Arizona (1966) (1966)

Establishes the right of the accused to remain Establishes the right of the accused to remain silent in the face of a custodial interrogation.silent in the face of a custodial interrogation.

Suspects must be informed of their right to Suspects must be informed of their right to remain silent and their right to counsel prior to remain silent and their right to counsel prior to the interrogation.the interrogation.

Exclusionary RuleExclusionary Rule - Unless suspects are - Unless suspects are informed of their 5th Amend. Rights, their informed of their 5th Amend. Rights, their statements may not be used against them in statements may not be used against them in court. court.

The 5th AmendmentThe 5th Amendment

ConcernConcern: The inherently : The inherently coercivecoercive nature of the nature of the custodial environment.custodial environment.

In order for In order for MirandaMiranda to apply the suspect must be to apply the suspect must be 1) 1) In custody In custody (not simply detained) (not simply detained) andand 2) Being interrogated (questioned) by the police.2) Being interrogated (questioned) by the police.

**The police do **The police do not not need to need to MirandizeMirandize you upon you upon arrest, only upon interrogation**arrest, only upon interrogation**

The 5th AmendmentThe 5th Amendment

Double Jeopardy RuleDouble Jeopardy Rule Forbids a person from being tried twice for the Forbids a person from being tried twice for the

same crime;same crime;

Concerned with protecting people from Concerned with protecting people from harassment.harassment.