search & seizure

Search & Seizure4th Amendment

The right of the people to be secure in theirpersons, 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 & Seizure4th Amendment

Against Unreasonable Search & Seizure

Reasonable?

Probable CauseReasonable Suspicion

More than 50% likely

Probable Cause a reasonable amount of

suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true

Probable Causeis the standard by which an officer or

agent of the law has the grounds to make an arrest to conduct a personal or property

search to obtain a warrant for arrest

when criminal charges are being considered.

It is also used to refer to the standard to which a grand jury believes that a crime has been committed.

Terry Stop brief detention of a person by police  on reasonable suspicion of

involvement in criminal activity but short of probable cause to

arrest.

Is a consensual encounter considered a Terry Stop?

Terry Stop (cont) police may do a limited search of

the suspect’s outer garments for weapons if they have a reasonable and

articulable suspicion that the person detained may be “armed and dangerous”

known as a “stop and frisk”.

If I’m pulled over, what exactly gives an officer the right to search my car?

What reasons would they do this? What areas of the car may a cop search? What if my glove box is locked?

Search/Seizure Car

Warning = No search

Search/Seizure Car (Cont)

Warning = No search Ticket = Search person, partial car

driver’s reach only must be related to reason for arrest

Search/Seizure Car (Cont)

Warning = No search Ticket = Search person, partial car

driver’s reach only must be related to reason for arrest

Contraband = Search interior of car Entire cabin including back seat Trunk area as well Containers that could contain the item

Search/Seizure Car (Cont)

Warning = No search Ticket = Search person, partial car

driver’s reach only must be related to reason for arrest

Contraband = Search interior of car Entire cabin including back seat Trunk area as well Containers that could contain the item

Locked containers? Seize car Search Warrant

Search/Seizure Car (Cont)

If a cop comes to the door, do I have to let them in without a warrant?

What creates a Search Warrant?

Additional contraband found but not listed on search warrant?

Search/Seizure Home

Plain View?

Open Fields?

Drug Dog on porch?

Constructive Possession

Search/Seizure Home (Cont)

may only search the places and people listed on the search warrant

may only search for the sought-after evidence

may only search places where they might reasonably find the evidence.

For example, officers searching

for a rifle may not look

in a small jewelry box.

Extent of Search Warrant

officers executing a search warrant may detain anyone present during the search (How close to the house?).

if officers find sufficient evidence to arrest someone present, they may arrest and search that person, even if the person was not listed on the warrant.

Extent of Search Warrant

1 2 3 4 5 6

Exemptions to Search Warrant

HP EC DE AW C PS

Exemptions to Search Warrant

Hot (or fresh) Pursuit Exigent (Emergency) Circumstance Destruction of Evidence Arrest Warrant (Which house?) Consent Protective Sweep after arrest

Exemptions to Search Warrant

Knock and Announce? Readily apparent that they are police

No-Knock warrant Officer Safety Known weapons, CCH indicates….. Strong potential for destruction of evidence

Exemptions to Search Warrant

How long do you have before you must read a person their Miranda Rights? In Custody Intent to Question

If I’m arrested and choose not to speak, is that admitting guilt?

Spontaneous Utterance

Can I stop answering questions after I’ve been read my rights?

Miranda Rights

Can Officers lie to gain information? We have a “witness” when we really don’t…. coercion vs. voluntary

Truth or Dare?

What limits are there to free speech? (Fire, Disorderly Conduct, Offensive)

Why can’t you curse at a police officer or flip them off but you can do it to regular people? (Complaint: Disorderly Conduct, Offensive)

Are there degrees of criminal damage to property, specifically for mailboxes? Yes

Curfew: 18 with a 17 year old Do we care?

Curfew one day before you are 18 (tried as an adult?) -felony (tried as an adult)

Misc

Do neighborhood watch programs actually decrease the number of crimes?

possession of fireworks?

hunting / fishing without a license? ODNR

stealing a pumpkin from a yard?

If I buy cigarettes and my friend steals them and gets caught?

What’s the most common crime teens get arrested for?

Misc

one ‘phone call’, or is that just the movies?

Why does a criminal who takes away rights, get so many legal rights?

Why are cops exempt from certain things...like equal punishment?

Does more cooperation with an officer mean less punishment?

Is word of mouth enough to convict someone?

Misc

If a group of people decide to demonstrate disapproval of the government and burn flags, many are arrested on the grounds of disturbing the peace or some other charge.  D.O.C., not arrested for burning flags,

but conduct

Do you have the right to tell a cop what's on your mind without any repercussions?

Free Speech

What requirements are there for self-defense? What is the extent of it?

What kind of trouble can you get in if you shoot guns in city limits? How about a BB gun?

CCW & Self Defense

Pandering obscenity involving a minor: ORC: 2907.32.1 Obscene, Minor in photo, publicly

presented or possessed: F2 (or F3, F4)

Disseminating matter harmful to minor: ORC: 2907.31 Harmful to minor but not obscene: M1 Obscene, observing minor is 13+: F5 Obscene, observing minor is under 13: F4

Sexting

Can I get fired for missing too much work even with a doctor’s note? Discrimination?

If campus rules are violated, will the police be called? Is it a criminal violation?

Can a 17-year old move out of their parent’s house after graduation? Emancipation (financial, married or

Armed Forces) Divorce from parents (rare)

Civil