Rights of Suspects

The Fourth Amendment

The Fifth Amendment

The Fourth 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, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Search and Seizure: Probable Cause

The officer has to prove to a judge there is reasonable proof that law is being violated on the premises to be searched.

Search Warrants

Identify the property to be searched.

Items to be seized. Must be the suspect’s

property and “common” areas.

Situations where warrants aren’t needed:

Consent Plain View Emergency Situation Hot Pursuit Search pursuant to

arrest Searching for suspect

****

Situations where warrants aren’t needed:

Border checkpoints Airport searches Sobriety Checkpoints

(WITHIN REASON) Drug Testing – for

people involved in accidents / federal jobs.

Student Searches

Student Searches

TLO v. New Jersey Did the assistant

principal have the right to search TLO’s purse?

School v. Street

Mere suspicion v. probable cause.

Situations where warrants aren’t needed

March 2004: USA v. Kelley Gould Officers no longer

need to have a search or arrest warrant for a “brief” search of your home or business.

NOTE:

If a warrant is present – burden of proof is on YOU that there wasn’t probable cause.

If there is NOT a warrant – then the burden of proof is on the police that there was probable cause.

Search and Seizure Cases

California v. Greenwood: Is your trash protected

by the 4th Amendment?

Search and Seizure Cases

Mapp v. Ohio 1968

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Types of Police Questioning

Investigative Interrogation Answer – but be careful

Accusatory Interrogation Time to ask for a lawyer or

ask to leave.

Custodial Interrogation Get a lawyer and SHUT

UP!

TEST the cops!!

Miranda Warning

You have the right to remain silent. Anything that you say can and will be used against you in a court of law.

You may have an attorney present while you are questioned. If you cannot afford one, the court will appoint one for you.

Do you understand these rights as I have read them to you?

Police Questioning

May not badger May not use violence

or threat of violence May not use

psychological coercion

Cases for Police Questioning

Miranda v. Arizona Miranda Warning

Quarles v. New York Public Safety Rule

Other People that DON’T have to testify against you:

Spouses (boyfriend / girlfriends don’t count)

Children against parents (SOMETIMES) Religious leaders (priests) YOUR doctor YOUR lawyer

The “Christian Burial” Case

Brewer v . Williams

Did the police use proper procedure in arresting Mr. Williams or did they violate his right to remain silent?

The Exclusionary Rule

If police got a confession illegally or found evidence illegally – can it be used against the defendant??

The Exclusionary Rule

YES – IF it was done in GOOD FAITH.

YES – IF there was probable cause that the officers would have EVENTUALLY DISCOVERED the evidence. Eventual Discovery

Rule

The OTHER part of the 5th: DOUBLE JEOPARDY

nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.

Why Double Jeopardy in the Constitution?

Founders wanted to prevent: Harassment and

oppression. Having a person tried over

and over until there was a conviction.

Keep from being tried over and over after being once convicted.

Not having them re-convicted for the same crime.

The truth about DOUBLE JEOPARDY

Fong Foo v. US: Even if a person has

been acquitted of a crime and police AFTER the end of the trial uncover evidence proving guilt ….

The Truth About DOUBLE JEOPARDY

There is LITTLE if ANYTHING they can do. IF the trial ended with

being found “not guilty” IF the defendant didn’t take

the stand and lie under oath.

IF the defendant didn’t try to tamper with witnesses.

VERY hard to prove.

Double Jeopardy

You can’t be tried in the SAME court twice for the same crime.

Rodney King case: The officers found not

guilty of beating King in California court.

Retried in Federal Court – of denying King his civil rights of due process.

Double Jeopardy: OJ Simpson

Simpson was found not guilty in a California state criminal court.

Found guilty in a California CIVIL court of denying life and potential monetary rewards the dead would’ve shared with family.

Double Jeopardy does NOT apply

If the trial ended in a mistrial.