Understanding the Understanding the Criminal Justice SystemCriminal Justice System

Chapter 6: Police and the Chapter 6: Police and the ConstitutionConstitution

ConstitutionConstitution1.1. Laws of arrest, search, and seizureLaws of arrest, search, and seizure

a. a. Police powersPolice powers - investigative / arrest powers- investigative / arrest powers

(1) (1) InvestigativeInvestigative - stop someone - stop someone - frisk someone- frisk someone - remove someone from - remove someone from

vehiclevehicle - ask questions of someone- ask questions of someone - detain someone- detain someone

ConstitutionConstitution(2) (2) ArrestArrest

- use necessary / reasonable - use necessary / reasonable forceforce

- search a person and area- search a person and area- exercise seizure / restraint- exercise seizure / restraint

b. b. Constitutional restrictionsConstitutional restrictions- intent left to courts- intent left to courts- arrest warrant / search warrant- arrest warrant / search warrant

(1) (1) Search and seizureSearch and seizure- search for / taking of - search for / taking of

ConstitutionConstitution- persons and property- persons and property- as evidence of a crime- as evidence of a crime

(2) (2) 44thth Amendment Amendment- “- “unreasonableunreasonable” searches” searches

(a) Supreme Court ruled on:(a) Supreme Court ruled on: - search / arrest warrants- search / arrest warrants

- searches incident to arrest- searches incident to arrest- stop and frisk- stop and frisk- fresh pursuit- fresh pursuit

ConstitutionConstitution- random vehicle checks- random vehicle checks- consent search- consent search- plain view seizures- plain view seizures- confessions- confessions

(3) (3) Exclusionary RuleExclusionary Rule- prohibit evidence seized illegally- prohibit evidence seized illegally- “- “fruit of the poisonous treefruit of the poisonous tree””

(a) Violation of 4(a) Violation of 4thth Amendment Amendment- unreasonable search/seizure- unreasonable search/seizure

Constitution Constitution - Weeks vs. United States- Weeks vs. United States

(1914) - federal(1914) - federal

- Mapp vs. Ohio (1961)- Mapp vs. Ohio (1961)

- US vs. Leon (1984) “- US vs. Leon (1984) “goodgood

faith exception”faith exception”

(4) (4) Use of confessionsUse of confessions

- prohibits forced confessions - prohibits forced confessions ( (Brown vs. MississippiBrown vs. Mississippi - 1936) - 1936)

- assistance of counsel (- assistance of counsel (MirandaMiranda

vs. Arizonavs. Arizona – 1966) – 1966)

ConstitutionConstitution(5) (5) Search warrantsSearch warrants

- written order- written order- issued by a judge- issued by a judge- to a police officer- to a police officer

(a) Based on probable cause(a) Based on probable cause- prosecution: affidavit - prosecution: affidavit - judge reviews- judge reviews- questions officer- questions officer

(b) “(b) “Totality of circumstances” Totality of circumstances”

ConstitutionConstitution(6) (6) Arrest warrantArrest warrant

- valid to enter person’s residence- valid to enter person’s residence- search warrant / consent needed- search warrant / consent needed for third party residencefor third party residence

(7) (7) Search incident to arrestSearch incident to arrest- clothing / within suspect reach- clothing / within suspect reach- plain view- plain view

(a) “(a) “Exigent circumstances”Exigent circumstances”- evidence destroyed / injury- evidence destroyed / injury

ConstitutionConstitution(8) (8) Stop and friskStop and frisk

- detain briefly for questioning- detain briefly for questioning- reasonable suspicion- reasonable suspicion- ‘- ‘pat downpat down’ for officer safety’ for officer safety

(a) (a) Terry vs. OhioTerry vs. Ohio (1968) (1968)

(9) (9) Vehicle searchesVehicle searches- arrest of occupant- arrest of occupant- unlocked containers- unlocked containers- Carroll Doctrine (1925)- Carroll Doctrine (1925)

ConstitutionConstitution(a) Spot checks(a) Spot checks

- pull vehicles over at - pull vehicles over at randomrandom

- Fury vs. Seattle- Fury vs. Seattle

(10) (10) Private / consent searchesPrivate / consent searches - legal authority- legal authority - parent: child under 18 (unless- parent: child under 18 (unless emancipated / pay rent / etc)emancipated / pay rent / etc)- school administrator: lockers / - school administrator: lockers / book bags book bags

ConstitutionConstitution(11) (11) Electronic eavesdroppingElectronic eavesdropping

- recording conversations- recording conversations - both parties- both parties - drug deals: police administrator- drug deals: police administrator

(12) (12) Border searchBorder search - any vehicle / any person- any vehicle / any person - drug courier / terrorist profile- drug courier / terrorist profile

(13) (13) Game agent searchesGame agent searches - stop / search any vehicle - stop / search any vehicle

- ask for identification / license - ask for identification / license

ConstitutionConstitution(14) (14) Plain view doctrinePlain view doctrine

- see contraband- see contraband

- right to be there- right to be there

- all senses- all senses

- “- “furtive movefurtive move””

(15) (15) Custodial interrogationCustodial interrogation

- 1960s: contacted by police- 1960s: contacted by police

- 1980s: focus on individual- 1980s: focus on individual

- 1990s: if arrested- 1990s: if arrested