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Ch 15 Search and Seizure
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There are ground rules to Search & Seizure. The 4th Amendment protects you from “unreasonable search and seizures.” The police may stop a vehicle when they have reasonable suspicion to believe a traffic offense has been committed, but they must follow certain rules. If you suspect the police overstepped their constitutional authority during your search, and it was unlawful, you should consult an attorney to discuss your legal options.
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C H A P T E R 3 Essential Fourth Amendment Doctrines 105 CHAPTER OUTLINE THE SEARCH WARRANT Search Warrant Values: A Neutral and Detached Magistrate Obtaining a Search Warrant Particularity The Intersection of the First, Fourth, and Fifth Amendments Anticipatory Warrants and Controlled Deliveries Challenging a Search Warrant Affidavit Executing a Search Warrant: Knock and Announce Inventory and Delayed Notice; “Sneak and Peek” Warrants Deadly Errors REVOLUTIONIZING THE FOURTH AMENDMENT Modernizing Search and Seizure Law Creating the “Expectation of Privacy” Doctrine Applying the “Expectation of Privacy” Doctrine Undercover Agents and the Fourth Amendment PROBABLE CAUSE AND THE FOURTH AMENDMENT The Concept of Evidence Sufficiency Defining Probable Cause Probable Cause Based on Informers’ Tips Conservative Revisions PLAIN VIEW AND RELATED DOCTRINES Plain View Curtilage and Open Fields Airspace Enhancement Devices CONSENT SEARCHES Voluntariness Requirement Knowledge of One’s Rights Third-Party Consent Scope of Consent “Knock and Talk” LAW IN SOCIETY: POLICE PERJURY AND THE FOURTH AMENDMENT SUMMARY LAW PUZZLES JUSTICES OF THE SUPREME COURT: ROOSEVELT’S LIBERALS: DOUGLAS, MURPHY, JACKSON, AND RUTLEDGE William O. Douglas Frank Murphy Robert H. Jackson Wiley B. Rutledge Power is a heady thing; and history shows that the police acting on their own cannot be trusted. And so the Constitution requires a magistrate to pass on the desires of the police before they violate the privacy of the home. —JUSTICE WILLIAM O. DOUGLAS, McDonald v. United States, 335 U.S. 451, 456 (1948) M03_ZALM7613_06_SE_CH03.QXD 1/11/10 3:03 PM Page 105 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U 106 Chapter 3 KEY TERMS anticipatory warrant beeper consent search constitutionally protected area controlled delivery curtilage enhancement device exigency ex parte expectation of privacy industrial curtilage inventory and return “knock and announce” rule magistrate media ride-along neutral and detached magistrate no-knock warrant open fields plain feel rule plain view plurality opinion probable cause reasonable suspicion secret informant “sneak and peek” warrant telephonic warrant thermal imaging two-pronged test undercover agent This chapter presents five basic areas of Fourth Amendment law: (1) the search warrant, (2) the ‘expectation of privacy’ doctrine, (3) probable cause, (4) the plain view doctrine, and (5) consent searches. Although in practice most searches are conducted without a warrant (i.e., are “warrant- less”), the Fourth Amendment presumes that judicial search warrants are essential for preserving the privacy protections of the people. The expectation of privacy doctrine, established in 1967, is now the theoretical backbone of Fourth Amendment analysis. Probable cause, the level of evi- dence required by the Constitution before government agents can invade individual privacy, is the required basis for arrests and searches and seiz ...
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C H A P T E R 5 Warrantless Searches 236 [T]he most basic constitutional rule in this area is that “searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment—subject only to a few specifically established and well-delineated exceptions.” . . . In times of unrest, whether caused by crime or racial conflict or fear of internal subversion, this basic law and the values that it represents may appear unrealistic or “extravagant” to some. But the values were those of the authors of our fundamental constitutional concepts. —JUSTICE POTTER STEWART, Coolidge v. New Hampshire, 403 U.S. 443, 455 (1971) CHAPTER OUTLINE HOT PURSUIT AND OTHER EXIGENCY SEARCHES Hot Pursuit Other Exigencies THE AUTOMOBILE EXCEPTION An Overview of Vehicle Search Rules The Automobile Exception Search Incident to Arrest Meets the Automobile Search Searches of Containers in Mobile Vehicles AUTOMOBILE INVENTORY SEARCHES BORDER AND EXTRATERRITORIAL SEARCHES Border Searches Extraterritorial Arrests and Searches REGULATORY SEARCHES AND THE SPECIAL NEEDS DOCTRINE Origins of the Doctrine and Administrative Searches Fire Inspections Early Special Needs Cases: Creating a Doctrine Drug Testing LAW IN SOCIETY: RACIAL PROFILING AND CONSTITUTIONAL RIGHTS Racial Profiling and the “War on Drugs” The Discovery of Racial Profiling The Political Reaction to Racial Profiling Is Racial Profiling a Rational Policy? The Costs of Racial Profiling SUMMARY LEGAL PUZZLES JUSTICES OF THE SUPREME COURT: THOUGHTFUL CONSERVATIVES: CLARK, HARLAN II, STEWART, AND WHITE Tom C. Clark John M. Harlan II Potter Stewart Byron R. White KEY TERMS administrative search automobile search border border search crime scene investigation exception emergency aid doctrine exigency exception extraterritorial fixed checkpoint hot pursuit impound in loco parentis inventory search pervasively regulated industry roving patrol special needs doctrine warrantless search M05_ZALM7613_06_SE_CH05.QXD 1/11/10 5:09 PM Page 236 G A R R E T T , M E G A N 1 3 2 4 T S Warrantless Searches 237 Warrantless searches are of enormous practical importance to police work. Despite the Supreme Court’s preference for a search warrant, warrantless searches are far more common. Every warrantless search is conducted without prior judicial review but is subject to judicial re- view after the fact. Nevertheless, a search based on an officer’s assessment of probable cause is more likely to be arbitrary than one subjected to the warrant process. This text has already discussed several kinds of warrantless searches: plain view, consent, search incident to arrest, and the Terry stop and frisk. Each is based on a different rationale and is held to different legal standards. An item lawfully seized in plain view, for example, involves no Fourth Amendment interest or expectation of privacy because the officer is in ...
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C H A P T E R 4 Arrest and Stop under the Fourth Amendment Because the strongest advocates of Fourth Amendment rights are frequently criminals, it is easy to forget that our interpretations of such rights apply to the innocent and the guilty alike. —JUSTICE THURGOOD MARSHALL, United States v. Sokolow, 490 U.S. 1, 11 (1989) 171 CHAPTER OUTLINE OVERVIEW OF THE LAW OF PERSONAL DETENTION Arrests and Investigative Stops Detention to Investigate Detention and Search during the Execution of a Search Warrant ARREST Arrest and Police Discretion Consequences of Arrest Defining a Fourth Amendment Seizure and Arrest Probable Cause to Arrest The Use of Force THE ARREST WARRANT REQUIREMENT Arrest in Public Arrest in the Home Arrests and Searches in Third-Party Homes SEARCH INCIDENT TO ARREST The Scope of a Search Incident to Arrest The Protective Sweep Exception Searching at the Station House STOP AND FRISK Establishing the Constitutional Authority to Stop The Sources of Reasonable Suspicion Terry on the Streets Terry on the Road Terry in Tight Places Terry at the Airport: Drug Stops and Drug Courier Profiles Terry and Canine Detection Cases LAW IN SOCIETY: DOMESTIC VIOLENCE AND ARREST Changing Norms and Domestic Violence Laws Impediments to Change: Police Discretion and Domestic Violence The Minneapolis Experiment and the Replication Experiments Mandatory Arrest: Policies, Polemics, and Findings Mandatory Arrest: Empirical Studies Conclusion SUMMARY LEGAL PUZZLES JUSTICES OF THE SUPREME COURT: STALWART CONSERVATIVES, 1938–1962: REED, VINSON, BURTON, MINTON, AND WHITTAKER Stanley F. Reed Fred M. Vinson Harold Burton Sherman Minton Charles E. Whittaker KEY TERMS arrest arrest warrant body cavity search booking brevity requirement bright-line rule class action citizen’s arrest companion case custodial arrest custody drug courier profile false arrest field interrogation “fleeing felon” rule frisk fusion centers illegal arrest in personam jurisdiction in-presence rule M04_ZALM7613_06_SE_CH04.QXD 1/11/10 5:21 PM Page 171 G A R R E T T , M E G A N 1 3 2 4 T S OVERVIEW OF THE LAW OF PERSONAL DETENTION Even a routine arrest—physically detaining a person—is a drastic event. For some people being arrested, even when justifiably, is psychologically traumatic. For the police officer, a routine de- tention may quickly escalate into a life-threatening episode, although firearms are not used in 99.8 percent of all arrests. Only 5.1 percent of arrests involve the use or display of weapons of any type. Indeed, in 84 percent of all arrests, police use no tactics at all—the arrestees simply submit.1 Nevertheless, all seizures of people are, by law, forcible detentions in that they are not consensual. Arrests and Investigative Stops A police detention of a person can be lawful or illegal. Because liberty has priority in American political theory and constitutional law, all detentions by government officers ...
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Terry v. Ohio, 392 U.S. 1 (1968) 88 S.Ct. 1868, 20 L.Ed.2d 889, 44 O.O.2d 383 © 2016 Thomson Reuters. No claim to original U.S. Government Works. 1 KeyCite Yellow Flag - Negative Treatment Not Followed on State Law Grounds State v. Lopez, Hawai’i, May 16, 1995 88 S.Ct. 1868 Supreme Court of the United States John W. TERRY, Petitioner, v. STATE OF OHIO. No. 67. | Argued Dec. 12, 1967. | Decided June 10, 1968. Prosecution for carrying concealed weapon. The Court of Common Pleas of Cuyahoga County, Ohio, overruled pretrial motion to suppress and rendered judgment, and defendant appealed. The Court of Appeals for the Eighth Judicial District, 5 Ohio App.2d 122, 214 N.E.2d 114, affirmed, the Ohio Supreme Court dismissed an appeal on ground that no substantial constitutional question was involved, and certiorari was granted. The Supreme Court, Mr. Chief Justice Warren, held that police officer who observed conduct by defendant and another consistent with hypothesis that they were contemplating daylight robbery, and who approached, identified himself as officer, and asked their names, acted reasonably, when nothing appeared to dispel his reasonable belief of their intent, in seizing defendant in order to search him for weapons, and did not exceed reasonable scope of search in patting down outer clothing of defendants without placing his hands in their pockets or under outer surface of garments until he had felt weapons, and then merely reached for and removed guns. Affirmed. Mr. Justice Douglas dissented. West Headnotes (34) [1] Constitutional Law Fourth Amendment Fourth Amendment is made applicable to states by Fourteenth Amendment. U.S.C.A.Const. Amends. 4, 14. 228 Cases that cite this headnote [2] Searches and Seizures Persons, Places and Things Protected Right of personal security belongs as much to citizen on streets as to homeowner closeted in his study to dispose of his secret affairs. U.S.C.A.Const. Amend. 4. 86 Cases that cite this headnote [3] Common Law Principles and maxims No right is held more sacred, or is more carefully guarded, by common law, than right of every individual to possession and control of his own person, free from all restraint or interference unless by clear and unquestionable authority of law. 80 Cases that cite this headnote [4] Searches and Seizures Fourth Amendment and reasonableness in general Constitution forbids not all searches and seizures but unreasonable searches and seizures. U.S.C.A.Const. Amend. 4. 344 Cases that cite this headnote [5] Searches and Seizures Persons, Places and Things Protected Terry v. Ohio, 392 U.S. 1 (1968) 88 S.Ct. 1868, 20 L.Ed.2d 889, 44 O.O.2d 383 © 2016 Thomson Reuters. No claim to original U.S. Government Works. 2 Defendant was entitled to protection of Fourth Amendment as he walked dow ...
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Chapter 13: Interrogation, Electronic Surveillance, and Other Police Practices 471 # 151053 Cust: Cengage Au: Hall Pg. No. 471 Title: Criminal Law and Procedure Server: __________________ K Short / Normal DESIGN SERVICES OF S4-CARLISLE Publishing Services confessions, and admissions to prove guilt is controversial. The United States Supreme Court has recognized that admissions are highly suspect when relied upon alone to obtain a confession. The Court stated, in Escobedo v. Illinois (1964),4 that a “system of criminal law enforcement which comes to depend on the ‘confession’ will, in the long run, be less reliable and more subject to abuses than a system which depends on extrinsic evidence independently” obtained through other law enforcement practices. At common law, confessions and admissions could be used freely, as long as they were made voluntarily. The early basis for excluding involuntary confessions was the Due Process Clauses of the Fifth and Fourteenth Amendments.5 Eventually, federal defendants could seek to have confessions suppressed if they were not taken before a mag- istrate promptly after arrest. This was known as the McNabb-Mallory rule, named for two Supreme Court cases.6 The rule was not constitutionally based. Instead, the Court announced the rule in its supervisory role over the nation’s federal courts. While the rule of quick presentment of arrestees to judges had existed at common law and had been codified by Congress, there was no remedy for violations. Accordingly, the Court held that confessions that occurred after unreasonable delays should be excluded. Congress re- acted to McNabb-Mallory and Miranda by enacting a statute that permits the admission of a confession so long as it was voluntarily given. Another section provides that regardless of any delay in presenting a suspect to a judge, a confession shall be admitted if obtained within 6 hours of arrest. In Corley v. United States, 556 U.S.—(2009) it was held that if there is a delay in presenting a suspect to a judge longer than 6 hours, the old McNabb- Mallory exclusionary rule applies if a delay is found to be unreasonable. Today, interrogations, confessions, and admissions are governed by these rules, as well as two broader rights: the Fifth Amendment right to be free from self-incrimina- tion and the Sixth Amendment right to counsel. Miranda By virtue of popular television and films, the Supreme Court case Miranda v. Arizona, or at least the “Miranda” warnings that are a product of that case, is one of the best known judicial decisions of our time. [The Supreme Court consolidated appeals from several individuals who had been convicted at trials where their confessions were entered into evidence. Ernesto Miranda, for whom the case is named, was arrested for rape and kidnapping. He was interrogated at a police station. He was not advised of his constitutional rights, he never requested to see .
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Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
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Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
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Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
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Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
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Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
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Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 7 - Contract Provisions
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 6 - Contractual Intent
Law 206 Ch. 4 - Consideration
Law 206 Ch. 4 - Consideration
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 3 - Acceptance
Law 206 Ch. 2 - Offer
Law 206 Ch. 2 - Offer
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 1 - Overview of Contracts
Law 206 Ch. 11 - Remedies
Law 206 Ch. 11 - Remedies
Law 206 Ch. 10 - Discharge of Obligations
Law 206 Ch. 10 - Discharge of Obligations
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Ch 15 Search and Seizure
1.
Scheb and Scheb,
Criminal Law and Procedure 7 th edition Chapter 15: Search and Seizure
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Notes de l'éditeur
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