Introduction to Introduction to Constitutional LawConstitutional Law

Unit 4Unit 4

CJ140-02A – Introduction to CJ140-02A – Introduction to Constitutional LawConstitutional Law

Unit 4: The Fourth AmendmentUnit 4: The Fourth Amendment

CJ140-02A– Class 4 Part 1

Tonight’s TopicTonight’s Topic

• Discussion of the Fourth Amendment with Discussion of the Fourth Amendment with the following goals in mind:the following goals in mind:

– Recognize the prohibitions and requirements Recognize the prohibitions and requirements established by the Fourth Amendment and their established by the Fourth Amendment and their application to government versus individuals application to government versus individuals

– Explain the probable cause standard as applied Explain the probable cause standard as applied to searches and arrests to searches and arrests

– Demonstrate the Miranda warning and when it Demonstrate the Miranda warning and when it must be used must be used

– Identify the legal principle established by the Identify the legal principle established by the Terry v. OhioTerry v. Ohio case case

– Describe the Exclusionary Rule and its Describe the Exclusionary Rule and its exceptions exceptions

– Discuss the law governing various types of stops Discuss the law governing various types of stops and the difference between a stop and an arrestand the difference between a stop and an arrest

Bill of RightsBill of RightsAmendment 4Amendment 4

IV - Right of search and seizure regulatedIV - Right of search and seizure regulated• The right of the people to be secure in their persons, The right of the people to be secure in their persons,

houses, papers, and effects, against houses, papers, and effects, against unreasonable unreasonable searches and seizuressearches and seizures, shall not be violated, and , shall not be violated, and no no warrants shall issue, but upon probable causewarrants shall issue, but upon probable cause, , supported by oath or affirmation, and particularly supported by oath or affirmation, and particularly describing the place to be searched, and the persons or describing the place to be searched, and the persons or things to be seized. things to be seized.

• Protects against unreasonable searches and seizures of:Protects against unreasonable searches and seizures of:– Persons – Houses – Papers – Effects

From Government ActorsFrom Government ActorsPolice OfficersPolice OfficersGovernmental Agents in any CapacityGovernmental Agents in any Capacity

Definition of Reasonable Definition of Reasonable SuspicionSuspicion

“…“…an officer may, consistent with the Fourth an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable when the officer has a reasonable, articulable suspicion that criminal activity is afoot. While suspicion that criminal activity is afoot. While

‘reasonable suspicion’ is a less demanding ‘reasonable suspicion’ is a less demanding standard than probable cause and requires a standard than probable cause and requires a

showing considerably less than preponderance showing considerably less than preponderance of the evidence, the Fourth Amendment requires of the evidence, the Fourth Amendment requires at least a minimal level of objective justification at least a minimal level of objective justification for making the stop. The officer must be able to for making the stop. The officer must be able to

articulate more than an ‘inchoate and articulate more than an ‘inchoate and unparticularized suspicion or 'hunch' of criminal unparticularized suspicion or 'hunch' of criminal

activity.”activity.”

Illinois v. WardlowIllinois v. Wardlow, 528 U.S. 119, 123-24 (2000) (citations omitted)., 528 U.S. 119, 123-24 (2000) (citations omitted).

Definition of Probable CauseDefinition of Probable Cause

““Probable cause exists where the facts Probable cause exists where the facts and circumstances within their [the and circumstances within their [the

officers'] knowledge and of which they officers'] knowledge and of which they had reasonably trustworthy information had reasonably trustworthy information

[are] sufficient in themselves to [are] sufficient in themselves to warrant a man of reasonable caution in warrant a man of reasonable caution in the belief that’ an offense has been or the belief that’ an offense has been or

is being committed.”is being committed.”

Brinegar v. United StatesBrinegar v. United States, 338 U.S. 160, 175-76 ( 1949) (quoting , 338 U.S. 160, 175-76 ( 1949) (quoting Carroll v. United StatesCarroll v. United States, 267 , 267 U.S. 132, 162 (1925)).U.S. 132, 162 (1925)).

ArrestArrest

The taking of a person into custody in The taking of a person into custody in the manner authorized by law. the manner authorized by law.

Arrested person may be subjected to Arrested person may be subjected to reasonable restraints. reasonable restraints.

There must be probable cause or a There must be probable cause or a warrant to arrest. warrant to arrest.

If the arrest is lawful, the person may If the arrest is lawful, the person may be searched. be searched.

Arrest without a Arrest without a Warrant?Warrant?

• Most common form of arrest. Most common form of arrest. • Courts have held that to require a Courts have held that to require a

warrant for every arrest is warrant for every arrest is impractical. impractical.

• Police generally may not enter a Police generally may not enter a private home to make a private home to make a warrantless arrest. warrantless arrest.

• Exception to above is when Exception to above is when exigent circumstances exist. exigent circumstances exist.

How does a police officer How does a police officer obtain an warrant?obtain an warrant?

• A written order issued by a A written order issued by a judicial officer upon a showing of judicial officer upon a showing of probable cause commanding the probable cause commanding the arrest of a particular person. arrest of a particular person.

• May take some timeMay take some time• Approval by a prosecutorApproval by a prosecutor• Confidential Informants?Confidential Informants?• Some jurisdictions allow the use Some jurisdictions allow the use

of telephonic arrest warrants.of telephonic arrest warrants.

Issues surrounding Issues surrounding arrestarrest

• Stop and Frisk: What is it?Stop and Frisk: What is it?• How does the 4How does the 4thth Amendment Amendment

direct police officers during direct police officers during interaction with suspects….or interaction with suspects….or those who may become suspects?those who may become suspects?

• What is “reasonable and What is “reasonable and articulable suspicion?”articulable suspicion?”

Terry v. Ohio

• On the continuum of contacts…this On the continuum of contacts…this falls between a mere street falls between a mere street encounter (no intrusion by law encounter (no intrusion by law enforcement) and arrest (custody, enforcement) and arrest (custody, substantial intrusion by law substantial intrusion by law enforcement)enforcement)

• Where intrusiveness is minimal, the Where intrusiveness is minimal, the standard of “reasonable and standard of “reasonable and articulable suspicion” is sufficient. articulable suspicion” is sufficient.

• Developed the concept of stop and Developed the concept of stop and frisk.frisk.

Temporary Questioning?Temporary Questioning?

• Temporary detention for Temporary detention for questioning is questioning is notnot an arrest. an arrest.

• If police restraint goes beyond that If police restraint goes beyond that which is reasonably necessary for which is reasonably necessary for questioning, the temporary questioning, the temporary detention may ripen into an arrest. detention may ripen into an arrest.

• Example………Example………• Detention is ordinarily for a fairly Detention is ordinarily for a fairly

short duration before it becomes short duration before it becomes an arrest. an arrest.

What are the rules during a What are the rules during a “temporary detention?”“temporary detention?”

• Investigative Stop:Investigative Stop: Police may temporarily Police may temporarily detain a person if officer has a reasonable detain a person if officer has a reasonable suspicion that criminal activity may be suspicion that criminal activity may be involved. involved.

• FriskFrisk: The officer may pat down the : The officer may pat down the individual for weapons ONLY if the officer individual for weapons ONLY if the officer has additional reasonable suspicion that the has additional reasonable suspicion that the pat down is necessary for safety reasons.pat down is necessary for safety reasons.

• So….may an officer “pat down” a suspect if So….may an officer “pat down” a suspect if the officer “reasonably and articulably” the officer “reasonably and articulably” believes that the suspect may possess drugs believes that the suspect may possess drugs on his person? Why?on his person? Why?

Miranda….what is it, why do Miranda….what is it, why do we care?we care?

• Miranda v. Arizona:Miranda v. Arizona: changed the changed the way police interviewed suspectsway police interviewed suspects– For Miranda to apply, individual For Miranda to apply, individual

must be must be • In custody In custody • Under control of law enforcement Under control of law enforcement

– Not free to leave Not free to leave • And be interrogatedAnd be interrogated• Interrogation is defined for this purposes Interrogation is defined for this purposes

as actions by an officer designed to elicit as actions by an officer designed to elicit information from the suspect.information from the suspect.

How does a court look at a How does a court look at a Miranda challenge to a Miranda challenge to a

statement in court?statement in court?Does Miranda apply? If Miranda Does Miranda apply? If Miranda

applies, a court looks at: applies, a court looks at: – Was statement voluntary? Was statement voluntary? – Was the warning given? Was the warning given? – Was there a wavier of rights by the Was there a wavier of rights by the

suspect? suspect? – Was the waiver “knowingly and Was the waiver “knowingly and

voluntarily” made?voluntarily” made?

All above questions must be answered All above questions must be answered in the affirmative to admit in the affirmative to admit statement in trial.statement in trial.

What does it take for a What does it take for a “confession” to be admissible “confession” to be admissible

in court?in court?• Must be given knowingly and not Must be given knowingly and not

result of lies or deception. result of lies or deception. • If in custodyIf in custody, must be given , must be given

required warning. required warning. • Must be voluntary. Must be voluntary. • Not obtained through threats, Not obtained through threats,

force, use of pain, or constructive force, use of pain, or constructive threats.threats.

Exclusionary RuleExclusionary Rule

• Prohibits evidence obtained in Prohibits evidence obtained in violation of constitutional rights.violation of constitutional rights.

Exclusionary Rule - Exclusionary Rule - ExceptionsExceptions

• Inevitable DiscoveryInevitable Discovery– Would have inevitably be discovered Would have inevitably be discovered

through lawful meansthrough lawful means

• Good FaithGood Faith– Officers acting honestly and Officers acting honestly and

unaware acting in violation of rights unaware acting in violation of rights – usually with defective warrants– usually with defective warrants• Some states do not have this exceptionSome states do not have this exception

Questions?Questions?