Policing Legal Aspects

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Due Process

• Most Due Process requirements are in either: – evidence and investigation– arrest – interrogation

• All 3 areas have been influenced by “Landmark Cases” or judicial decisions that changed the understanding or daily actions of the judicial system.

Search and Seizures

Search and Seizure

• 4th Amendment requires a warrant to search.

• Protects against unreasonable searches & seizures of property

• Law enforcement needs probable cause to obtain a warrant.

The Exclusionary Rule

Exclusionary Rule

• Weeks v. US (1914): Court unanimously held that the warrantless seizure of items from a private residence violates 4th amendment.

• Led to the Exclusionary Rule: Evidence seized illegally by police can not be used in a trial. – Mapp v. Ohio made this applicable to state

courts.

Fruit of the “Poisoned Tree”

Evidence obtained illegally

“Fruit of the Poisoned Tree” Doctrine

Evidence that is seized illegally cannot be used to find additional information or evidence.

Ex 1 : house is searched illegally, and they find a key for a locker at Planet Fitness, then police search and find drugs in the locker. This doctrine means that they can’t use the drugs as evidence in court.

Ex 2: Jane is questioned without being read her rights, and police learn info from this interrogation. They use this info to obtain a warrant to search her house and find illegal items. This doctrine means that they can’t use the drugs as evidence in court.

Silverthorne Lumber Co. v. US (1920)

Good Faith Exceptions to the Exclusionary Rule

• If a mistake is made and police unintentionally conducted an illegal search the evidence may be used

• Example: a mistake with the paperwork

Probable Cause

• Set of facts that would cause a reasonable person to believe a crime has been committed and the person committed the crime.

• More difficult to prove then reasonable doubt/suspicion.

• A student reporting that another student has marijuana = _______?___________

• A student smelling like marijuana = _?__

Affidavit for Probable Cause

Plain View Doctrine

Plain View Doctrine

• Harris v. U.S. (1968)

• Objects falling in “plain view” of police who have a reason to be in the position that they are in are allowed as evidence in court.

Emergency Searches of Property

Emergency Searches• There must be clear danger to:

1. Life

2. Of escape

3. Removal or destruction of evidence

ArrestWhen are you arrested??

Searches Incident to Arrest

Searches Incident to Arrest

• Chimel v. California (1969)

• Police may search the defendant and surrounding area of defendant.

• Why? Protection of police and evidence and to keep defendant from escaping.

• Illegal if…Search goes beyond defendant’s immediate control and without valid reason.

Emergency Searches of Person

Must believe the person is suspect

Emergency Searches - U.S. v. Borchardt (1987)

Must:

1. Have probable cause to believe evidence concealed on person searched

2. Probable cause to believe evidence might be destroyed.

3. No time to request warrant

4. Actions not greater than warranted

Vehicle Searches

Vehicle Searches

• Investigatory stop is permissible if backed by reasonable suspicion and a warrantless search is allowed if backed by probable cause.

• (Example -Car matching description stopped - can be searched if officers notice loose headrest.)

• Fleeing-Targets Exception

D.U.I. Checkpoints

Stop and Frisk

• Police who reasonably think that a person is behaving suspiciously and is likely to be armed may stop and frisk the suspect for weapons. Search may only be for weapons

Consent

• When a person voluntarily agrees, the police may conduct a search without a warrant or probable cause.

• Consent can transform an otherwise illegal search into a legal one.

• You can be polite and respectful while still asserting your rights.

Hot Pursuit

• Police in hot pursuit of a suspect are not required to get a search warrant before entering a building that they have seen the suspect enter,

• Evidence found during hot pursuit of a suspected felon is admissible, even against people totally unrelated to the pursuit.