The Criminal Justice Process and The Fourth Amendment (Ch. 12).pptx

The Criminal Justice Process and The Fourth Amendment  What do you think happens when a crime is committed? The Fourth Amendment as Written The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure shall not be vi...

The Criminal Justice Process and The Fourth Amendment  What do you think happens when a crime is committed? The Fourth Amendment as Written The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizure 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. The Fourth Amendment Simplified The government cannot search you or your stuff—like your house or phone—without a good reason. If they want to search, they need to have a solid reason (called 'probable cause') and get permission from a judge. The search must also be specific, meaning they need to say exactly where they want to look and what they are looking for. You also cannot be seized – arrested, for example – without either an arrest warrant or probable cause. The Investigation The fact-finding process where evidence is gathered to determine if a crime occurred. The investigation of the crime is the series of events and actions being examined by professionals to determine possible outcomes of the crime. These outcomes can decide if an individual is innocent, guilty, or many other possible decisions. The Arrest An arrest takes place when a person suspected of a crime is taken into custody. Under the fourth amendment, an arrest is considered a seizure. Therefore, there must be a reasonable reason to arrest someone. Someone can be taken into custody by a police officer in one of two ways: the first being from and arrest warrant from a judge, the second being without a warrant if there is probable cause. Arrest Warrant An arrest warrant is a court order commanding that the person named in it be taken into custody. A warrant is obtained by filing a complaint before a judge or a magistrate. The judge must determine based off of the evidence provided that an offense was committed by the person accused. Probable Cause (PC) Arrests in public do not require a warrant, but they do require PC. Probable cause to arrest means having a reasonable belief that a specific person has committed a crime. Reasonable belief may be based on much less evidence than is necessary to prove someone guilty at a trial. An example can be a police officer seeing a random man that matches the description of a wanted individual. Reasonable Suspicion A police officer does not need probable cause to stop and question an individual on the street, but the officer must have reasonable suspicion to believe that individual is involved in criminal activity. Reasonable suspicion is based on even less evidence than probable cause but must be more than a “hunch.” The reasonable suspicion must be based on that particular individual being stopped is engaged in the wrongdoing. Search As stated before, the fourth amendment sets the right to be free from unreasonable searches The fourth amendment does not give citizens an absolute right to privacy, it does not prohibit all searches. Only those that are unreasonable. “Tests” for determining if there is a search: 1. a person exhibited an actual expectation of privacy, and that expectation is one that society is prepared to recognize as reasonable OR 2. A trespass occurs Trespass: unlawful entry or use of another person’s land without the owner's permission or reasonable excuse Reasonable Expectation of Privacy SCOTUS has sometimes used this concept to help determine whether a search was reasonable or unreasonable. The question is: did the person in a particular situation have an expectation of privacy, and does society consider that expectation in this instance to be reasonable. Discussion: Do the police have the right to search your trash if you have it outside on your curb ready to get picked up? It depends….. The Exclusionary Rule Once an individual is arrested, the court may decide whether any evidence found in a search was legally obtained. If the court finds that the evidence was illegally obtained, then that evidence cannot be used at the trial against the defendant. The does not mean that the defendant cannot be tried or convicted. Searches without a Warrant By law, searches of private homes usually require a warrant. However, courts have recognized some situations in which searches are reasonable and my be legally conducted without a warrant. An example is when the police are given consent from the owner. This is when a person voluntarily agrees that the police may conduct a search without a warrant and probable cause. Search Incident to a Lawful Arrest A search that is part of, or incident to, a lawful arrest is considered reasonable. This allows the police to search a lawfully arrested person and the area immediately around that person for hidden weapons or for evidence that might be destroyed in the interest of the officers safety, to prevent escape, or to preserve evidence. SCOTUS has also allowed a “protective sweep” through an arrested person’s home in search of other potentially armed persons. Stop and Frisk – Terry Stop A police officer who reasonably thinks a person is behaving suspiciously and is likely to be armed may stop and frisk the suspect for weapon This is only a brief encounter – if they do not gain probable cause by feeling a weapon or the like, then the person has to be let go. SCOTUS has also said that seizing an illegal substance during a valid frisk is reasonable if the officer’s sense of touch makes it immediately clear that the object felt is an illegal one. They cannot just feel a phone and assume it is an illegal substance, they must know. Case: https://www.quimbee.com/cases/terry-v-ohio Border and Airport Searches Broad authority to conduct warrantless searches. Customs agents are authorized to search without warrants and without probable cause. They may examine baggage, vehicles, purses, wallets and similar belongings of people entering the country without regard to PC or Reasonable Suspicion In the view of the danger of terrorist activities, security personnel and airlines are permitted to search all carry-on luggage and to search all passengers by means of fixed and hand-held metal detectors. Body cavity searches and strip searches require reasonable suspicion, as they are more intrusive and not routine. Vehicle Searches A police officer who has probable cause to believe that a vehicle contains contraband may conduct a search of the entire vehicle, as well as any containers in the vehicle. This does not mean that police have the right to randomly stop vehicles and search them. The supreme court held that an officer who makes an arrest for a traffic offense can only search the vehicle incident to that arrest if: (1) at the time of the search, the arrestee is unsecured and within arms reach of the passenger compartment, OR (2) it is reasonable to believe that evidence related to the crime of arrest is located within the passenger compartment Does not allow for a warrantless search of a cellphone found in the vehicle. Other Searches Plain view – If an object connected with a crime is in plain view and can be seen from a place where an officer has the right to be, it can be seized without warrant. Hot pursuit – Police officers in hot pursuit of a suspect are not required to obtain a search warrant before entering a building that they have seen the suspect enter. Emergency situations – This includes bomb threats, hearing screams, and other situations. Public School Searches SCOTUS has granted school authorities broad discretion to search students and their possessions in several situations. In public schools, the main concern is whether a search is reasonable in the context of the school’s legitimate interests. Discussion: When is searching a student’s locker at school without a warrant justified? https://www.quimbee.com/cases/new-jersey-v-t-l-o Racial Profiling Racial profiling is the inappropriate use of race as a factor in identifying people who may break or have broken the law. Profiling can take the form of inappropriate police actions based on ethnicity, national origin, or religion as well as race. The only time it is considered acceptable to stop someone based on their race is if the that person matches the description of a possible suspect involving a crime. Interrogations and Confessions Interrogation – Police practice to question or interrogate the accused. Confession – An admission of guilt. The goal of an interrogations is to get a confession out of the accused. These confessions will be used later at a trial. The Constitution gives the American citizens protection against self-incrimination. This means that the suspect has the right to remain silent and not testify against themselves. Questions?