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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.