Standard 8 Police and the Constitution

What are the constitutional limits for law enforcement officers?

STANDARD 5 REVIEW

Learning Target 8.0: I can activate background knowledge about the fundamental doctrines of the criminal justice system.

What is Due Process?• A right guaranteed by

the 5th and 14th Amendments.

• Due Process Clause:

“No person shall be

deprived of life, liberty,

or property without

due process of law.”

Judicial Review• Precedents: each new

court case determines the ruling of future like court cases– To overturn a

precedent, new evidence or information must be presented

– Precedents can uphold or overturn laws

• Stare Decisis: “to stand on decided cases”

Exit Slip

• What is Due Process? (in your own words)

Learning Target 8.1

• Given a scenario, I can infer what is probable cause as defined by the 4th Amendment.

4th Amendment• Unreasonable

search/seizure prohibited–Warrants must have

probable cause–Warrants must be

specific

Reasonableness• Most U.S. Court

decisions are based on “reasonableness”

• Judges determine what is reasonable

Probable Cause• Reasonableness

proven by having Probable Cause

• Judge will issue a warrant if police prove probable cause

• Probable cause can also justify police actions even if there is no time to get a warrant

Probable CauseCan be based on• Personal observation (by

officers) of criminal activity or activity that precedes a crime such as “casing” a building before robbing it, or fleeing

• Information from RELIABLE sources

• Evidence

Can not be based on• Suspicion alone• Anonymous tips• Racial Profiling• Retroactive evidence

found on the suspect

Notebook Item 13 – Probable Cause• LT: Given a scenario, I can infer what is

probable cause as defined by the 4th Amendment.

• Create the following T-Chart in your notebook and complete while watching the videoPolice Action Probable Cause

Learning Target 8.2

• I can question whether the exclusionary rule provides or hinders justice.

Exclusionary Rule• Evidence can not be

used in court if it was seized illegally– Includes evidence found

because of the illegally obtained evidence

• Why is this controversial?

• Example:• John had a feeling that Zach

committed the murder so he searched his car without probable and discovered the murder weapon. (weapon inadmissible in court)

• John showed Zach the weapon to get Zach to confess. (confession inadmissible in court)

Short Essay Question

• Which is more important: Protecting the rights of the innocent or ensuring the guilty are punished?

LEARNING TARGET 8.3

Students can create sensory images to demonstrate understanding of when police can perform stops, frisks, and arrests.

Stops• Police can stop people

when they have “reasonable suspicion” of criminal activity

• Totality of Circumstances: Reasonable suspicion can vary based on the circumstances.– Border Patrol– Airports

Frisk• There must be

reasonable suspicion that the suspect poses a threat

• Preventative: to find weapons

Arrests• A person is taken into police custody with a formal

charge and the understanding that they are under arrest.

Stops vs. ArrestsStop Arrest

• Reasonable Suspicion• No warrant required• Officer will question• Frisk for weapons

• Probable Cause• Will sometimes require a warrant• Officer will make a formal charge• Search for evidence of a crime

Arrests with a Warrant• Judge issues warrant after

probable cause is proven• Police must announce themselves

before entering a dwelling unless:• Exigent Circumstances

– Suspect is armed and threatening– Suspect is destroying evidence or

fleeing– Crime is being committed at the

time

Arrests Without a Warrant

• Officer witnesses the offense (misdemeanors)

• Probable Cause (felonies)

Scenarios• In groups of 3, you will write scenarios to

demonstrate your understanding of when police are allowed to perform stops and arrests. Each group member must write one scenario.

• Scenario 1: Stop and Frisk (must include an act that warrants reasonable suspicion

• Scenario 2: Arrest with a Warrant (must include probable cause)

• Scenario 3: Arrest without a Warrant (must include probable cause)

LEARNING TARGET 8.4

In regards to search and seizure restrictions and procedures, I can question which is more important, protecting the right to privacy of the innocent, or ensuring the guilty are punished.

Search and Seizure• Most cases will require a

warrant:– Probable Cause must be

proven– Warrants must specify place

to be searched and things to be seized

– Plain View Doctrine: Incriminating objects not specified but in “plain view” may be seized as well

Search and Seizure Without a Warrant

• During an arrest– Officers may search “the

area within immediate control”

• With Consent• Vehicles

– After an arrest– With Probable Cause– Border Patrol

Other Exceptions to Search Warrant

• Hot Pursuit: if a fleeing suspect enters a building, police can search building

• Abandoned Property: can be searched and seized by police (including trash placed on street)

• How to Handle a Police Stop• Am I Free to Go?

Notebook Item?

• Which is more important to you: protecting your right to privacy, or ensuring that the police have the ability to search and find evidence necessary to prosecute criminals?

LEARNING TARGET 8.5I can question the constitutionality of the Patriot Act.

Electronic Surveillance• Electronic devices used to monitor and record for evidence–Wiretaps– Hidden

Microphones– Hidden Cameras

Electronic Surveillance• Admissible in court only

if:– Consent is given by one of

the parties being recorded or

– Warrant• Must specify conversations,

places, and suspects• Probable cause of criminal

activity

Patriot Act of 2001• Legislation enacted in response to 9/11• Applies to federal agencies• Legalized surveillance for the purpose

of gathering foreign intelligence• Allows search without notification if

there is “reasonable cause”• National Security Letters: allows FBI to

request private info from banks, internet providers, hotels, etc about clients.

Notebook Item?• Does the Patriot Act violate the 4th

Amendment?• Which is more important: Protecting

the Americans’ right to privacy or catching terrorists?

Miranda Rights

Miranda• You have the right to remain silent.• Anything you say or do can and will be held

against you in a court of law.• You have the right to an attorney.• If you cannot afford an attorney, one will be

provided for you.• Do you understand these rights I have just

read to you?

LEARNING TARGET

I can synthesize information to infer when police must read a suspect their Miranda Rights.

Miranda Rights• 5th Amendment: Protects

against self incrimination by coersion

• 6th Amendment: Right to counsel

• Miranda v. Arizona – Supreme court said that police

interrogation is a form of coersion

– Miranda warning makes confession a free choice

Miranda Requirements• Required during

custodial interrogation– After arrest or– When suspect does

not feel free to leave

• Not required– Routine “booking”

questions– Witness questioning

at crime scene– Volunteered info– Private statements to

friend– During a stop (not

arrest)

Miranda Protections• Suspect must waive

rights to continue with questioning

• Interrogation stops when suspect asks for lawyer

• Evidence from illegal interrogation is inadmissible in court