Bill of Rights: 4th, 5th, & 6th Amendments

Fourth Amendment

• The Fourth Amendment is the most litigated part of the Bill of Rights and is the most critical for police officers
• Protects people from unreasonable searches and seizures of their persons, houses, papers, and effects
• Warrants must be issued upon probable cause, supported by oath or affirmation
• Warrants must particularly describe the place to be searched, and the persons or things to be seized

Fifth Amendment

• States that no person can be compelled to be a witness against themself in a criminal case
• An accused person has the right to have counsel and refuse to answer questions during a custodial interrogation
• Includes a "Due Process" clause, meaning no person can be deprived of life, liberty, or property without due process of law
• The "Due Course of Law" in the Indiana Constitution is analogous to the Fourteenth Amendment's Due Process Clause

Sixth Amendment

• Grants a defendant in a criminal case the right to counsel once a critical stage in the investigation has been reached
• The Sixth Amendment applies to state court proceedings because of the Fourteenth Amendment's Due Process Clause
• This right applies when adversarial judicial proceedings commence against a defendant and remains through all critical stages, including:
  • Formal charges
  • Preliminary hearings
  • Indictments
  • Bills of information
  • Arraignments

Reasonable Suspicion

• Allows for an investigative detention (Terry Stop) based on specific, articulable facts and rational inferences that warrant detaining a suspect for further investigation
• Reasonable suspicion is fact-specific and requires articulation of why a person appears engaged in criminal activity
• Reasonable suspicion exists when an officer can articulate facts that would lead a reasonable officer to believe the suspect is, or is about to be, involved in criminal activity
• If suspicions are dispelled, the person must be released or the stop becomes a consensual encounter
• A suspect’s uncooperative behavior is a hunch, not reasonable suspicion
• Refusal to cooperate is not sufficient to support reasonable suspicion if the suspect has no duty to cooperate

Levels of Encounters

• Courts assess the legality of police interactions by reviewing the nature and extent of the contact
• Interactions are divided into:
  • Consensual encounters
  • Detentions (investigatory or Terry stops)
  • Formal arrests
• Consensual encounters are "mere inquiries" involving a common law right to ask questions
• Detentions, also known as investigatory or Terry stops, are more intrusive
  • Constitute a "seizure" under the Fourth Amendment
  • Require specific and articulable facts that generate a "reasonable suspicion of criminal activity"

Determining "Reasonable Articulable Suspicion"

• Requires more than a hunch, but less suspicion than probable cause
• Requires less proof than preponderance of the evidence
• A formal arrest needs "probable cause" to believe that a crime has been, or is being, perpetrated and that a specific person committed it
• If the encounter is consensual, the federal Constitution is not implicated because no seizure has taken place
• If the encounter escalates to a detention or full-scale arrest, the person has been seized, and law enforcement conduct will be judged by Fourth Amendment standards

Consensual Encounters

• Does not require constitutional justification because they do not involve significant interference with an individual's life, liberty, or property
• Approaching an individual in public and asking questions is permitted as long as it is voluntary
• Identifying oneself as a police officer does not, without more, convert the encounter into a seizure requiring justification
• Officers can ask questions, ask for identification, and request consent to search luggage if they don't use coercion
• A person is not seized if a reasonable person would feel free to end the encounter
• The person approached does not have to answer any questions and may decline to listen at all or leave
• An individual cannot be detained even momentarily without reasonable, objective grounds
• Refusal to listen or answer does not, without more, furnish those grounds

Terry v. Ohio and Seizure Refinement

• The Supreme Court established that a seizure occurs when an officer restrains an individual's liberty via physical force or a show of authority
• The Court required a seizure to mean that a reasonable person would have believed he was not free to leave
• In Michigan v. Chesternut, the focus shifted to whether the officer's conduct would "have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business."

California v. Hodari D. and "Show of Authority"

• Occurs when an officer manifests a "show of authority," a seizure requires physical force or submission to the assertion of authority"
• A seizure does not occur until the suspect complies with an officer's show of authority, or there is an application of physical force by the officer
• The determination of whether a police-citizen encounter has elevated to one requiring a constitutional justification is measured from a "reasonable person's" perspective, not the officer's belief that the citizen was "free to leave"

Maintaining a Police-Citizen Encounter as a "Mere Inquiry"

• Pose questions conversationally
• Avoid making demands or issuing orders
• Ensure questions are not overbearing or harassing
• No seizure happened when an officer walked up to the individual on his porch and stated, "Police, I want to talk to you."
• No seizure occurred when officers shined a spotlight.
• No verbal orders were given, nor deadly weapons displayed

Consensual Encounters and Caretaking Functions

• A consensual encounter occurs when police approach an individual because of a McDonald's drive-through obstruction
• An officer asked Long to open his door for a purpose totally divorced from the detection, investigation, or acquisition of evidence relating to the violation of a criminal statute", it was determined the purpose was the ensure Long was alright
• This is a caretaker function by police, to ensure the public is safe
• Probable cause was granted when the officer smelled the odor of marijuana coming from the vehicle

Suspicious Circumstances and Seizures

• An officer must note exigent circumstances, not just hunches
• An encounter becomes seizure only when a backup officer arrived about a minute later with his emergency lights flashing
• As a passenger reached down near his legs, this established safety and authority for the officer to conduct a search
• The standard of "threatening or offensive" includes tactics such as pursuing a person who has attempted to terminate the contact by departing, continuing to interrogate
• An officer reinitiating contact, calling such person to halt, or dog sniffing is also included

Investigative Detentions

• Courts ask if the official action was constitutionally justified by the totality of circumstances
• All circumstances are viewed from the vantage point of a prudent and reasonable law enforcement officer
• Courts consider the encounter's degree of training, experience and skill
• Interactions include investigatory stops, temporary detentions or Terry stops
• Police may only search the outer clothing of a person for weapons due to safety

Factors in an Investigative Stop

• Initial stages of encounter do not dispel his reasonable fear for his own or others' safety for protection
• An officer must have knowledge that criminal activity may be afoot
• The people involved may be armed and presently dangerous
• An officer must identify as police and make reasonable inquiries

Reasonable Articulable Suspicion Components

• The first component = the level of reasonable suspicion that can exist before an investigatory stop is conducted
• The standard involves a level of belief less than the probable cause standard needed for arrest
• A law enforcement officer must be point to specific and articulable facts collectively that provide
• Must have a nontechnical conception with factual and practical considerations
• Objective standards include what facts were available

Reasonable Suspicion

• Courts will give due weight to the specific reasonable inferences that the officer drew from the facts, instead of any unparticularized suspicions or hunches that the officer had
• The officer must be able to articulate specific facts gleaned from the picture
• Factors are viewed through eyes of reasonable, trained officer
• An officer isn't required to rule out any possibility
• The officer's inferences, modes and patterns are also taken into account

Concerning Behavior Factors

• Berry demonstrated concerning behavior as he was approached by uniformed police, including dropping his beer bottle, backing away, looking side to side, reached his hands down toward his waist, and placed his hands in his pockets
• Other men did not act with this behavior
• The men were congregating middle of the street after dark in a high crime area known for gun violence, murder, and drug activity
• Detective Deshaies also observed bulge that appeared as it could be the outline of a gun handle at the front left side of Berry's waist

Consensual Encounters Factors

• Interaction began as a consensual encounter and evolved into an investigative stop when an officer recognized her intoxication
• She told Reid to stagger to the car with damage to the rear passenger side, saying "did you just get home"
• Reid was "unsteady on her feet,", had "bloodshot eyes," and had a "strong odor of alcoholic beverage about her person"

Scope of Investigative Detention

• Whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place
• An examination of the scope of the stop addresses (i) the length of the detention, and (ii) the methods employed during the stop
• The duration and methods employed during the stop must be tailored to confirm or dispel an officer's suspicions
• If the suspicions dispelled, suspect should be let go

Investigative Expectations

• The detention needs to be sufficiently limited
• Questioning and levels of force should be limited
• The question of how to determine whether the detention was too long in duration for justification as an investigative stop turns on if the police "diligently pursued a means of investigation"
• Terry's stop states that "common sense and ordinary human experience must govern over rigid criteria"
• An Erin was detained as as witness, not for any reasonable suspicion for criminal activity

Detainment

• Detention for custodial interrogation must trigger the traditional safeguards against illegal arrest
• An individual cannot be seized and transported to a police station and subject her to prolonged interrogation without consent or prior judicial authorization such as an investigative detention order
• Fourth Amendment permits seizures for the purpose of fingerprinting should the suspect has committed a criminal act
• There should be a reasonable basis for why fingerprinting would negate anything, and if the procedure is dispatched

Handcuffing

• While handcuffing to restrain can imply the detention is an arrest, courts have determined that an officer act cannot immediately transfer the investigative detention into arrest - However it heightens sense of detention substanitally
• To prove the handcuffing did not exceed Terry Stop, the prosecution has to be able to show factual information that the restraints were for support
• Handcuffs may fall within the permissible scope of the temporary investigative detention
• Some circuits have determined that there should not be restraints

Frisks

• Courts can question reasons for the protective "frisk," separate from the initial stop
• Limited search includes outer clothing weapons as the officer has to believe that his safety or that of others was in danger
• Officer does not need to be absolutely certain there will be arms, for if there was then the action would be from inferences and articulate facts
• Includes furtive gestures, locations and stop requests

Traffic Stops

• In a traffic-stop setting, the first Terry condition applies when it is lawful for police to detain an auto and its occupants pending inquiry into a vehicular violation
• The police do not need to have a cause to believe any occupant of the vehicle is involved in criminal activity
• To justify pat down, just as with pedestrian, office has to have reasonable suspicion for the frisk

Factors for Frisks

• Officer was working around 2 AM at Greyhound station
• The suspects stood with luggage, stumbling and having signs of intoxication, smelling of such substance
• The two did not comply after being asked twice

State Law Regarding Frisks

• Two men in a store are seen at store robbery site and asked to stop, which they didn't - It can be held there was reasonable suspicion so they could pat down
• Some states determine that if someone is doing burglary, the officer has reasonable suspicion to conduct a frisk
• There need no be auto frisks that the person may be armed and dangerous, not drunk or impaired

Circumstances Around Suspects

• Some states acknowledged that if an officer places a person in auto, more substantial danger increases should the detainee be armed
• During pat down, if item is seized, the officer can seize and retain it should the possession be unlawful

Plain Touch

• Officers conducting Terry Frisk can seize any whose contour, shape makes it contraband
• It must be without resort to further manipulation

Plain Touch Requirements

• Officer has to be lawfully in the touching area
• Officer's hand has to justly be on the person
• Garnered probable cause will touching for tangible recognition with evidence

Contraband

• For determining admissibility, the contraband has to detected during the initial search, and if the identity was apparent to an officer
• Pat down can be for a drug market
• Syringe can be detected after pat=down after suspect surrendered it when being questioned

Fleeing

• Can give officer reasonable suspicion to pursue and detain the other
• Supreme court determiend that sudden univoked flight can allow detention when doing drugs
• If they turn away and no run, cannot be detained

Searches

• Not required for temporary investigation or a Terry stop
• The actions of police, in a "on-the-scene" basis should show reasonable actions and questioning
• However, Miranda safety can become applicable as soon as action is curtailed to arrest

Warrants

• Police cannot arrest on warrant, unless they have probable cause and offer imprisonment over a year, with the former of which can be on hearsay
• Even on hearing, police can seize one due to senses
• An example can be after an officer snuck to find sales from home

Fourth Amendment Protections

• Is for US Citizens, not aliens outside nation
• Legitimacy through reasonableness
• Warrants can search for drugs

Evidenciary Seizures

• Have to reasonably let the suspect know what happens
• However, the 3 circumstances is it can be grouped is that there has to be a change can be groupd is the the destructability will occur, fleeing
• One key part about it is the objective factor

Hardister

• Police went to a place for a drug crime and noticed silhouettes
• They heard footsteps into backyard, and say the defendants as they poured and covered it to show the evidence

Officer or Suspect Safety

• An incident was too dangerous of a situation so the police has to act more careful
• It has to be done as a peace offer so first aid can be offered
• Some scenarios were an officer was going crazy, or throwing things

Car Search for Crime

• Dealer abandoned erty in what is to stop its removal, and witness to this crime took firearms
• Officer can search the car when its clear backdoors and license
• The suspects was in a pick up truck when there was not parts
• It has to be in legal possession to search

Privacy

• At a federal level, to determine if area warrants Fourth Amendment, inquire if object warrants
• People have the entitlement to be free
• It has to be exposed to pubic
• Officers are bound to 4th through a property
• An arrest in a home as to happen as though if under what occurs that had to be seized

Curtilage

• Fourth includes protection for "curtilage", which is the land around and in association with people
• In Supreme Court, however, area near farm was not within curtilage as the court cited, determining that extent comes from if an individual may expect that the area should be treated as a home
• While there not be any finely tuned formula, steps has to be that area has protection from home or people

Home

• Home cannot be searched unless there reasonable cause
• When it has something there has to be valid support
• 4th does not protect the one but also must the other

Automobile Warrant

• Auto can be entered without auto for investigation
• Officers cannot travel to arrest
• It also cannot happen if they have the proper items to be in the vicinity

Suspect Mobility

• This happens during the Supreme Court to reach other types of rulings
• Mobile can allow the container of objects

Fifth and Fourteenth Amendments

• Says that no person shall witness one
• There should be some to allow a person for one

Miranda

• Relates on to why custodial has been done. It said that they might say before speaking
• Also there are still more issues that had can and will has right to counsel

Miranda Caution

• Consists of "crucial test" - age and warnings There is the safety exception
• Where does person has

Caution Reasons

• In cases, an officers could not make the proper reasoning
• For suspect, it allowed that if another could could see all three
• To allow as to a right by one under state or what that can be set for one