Bill of Rights & Criminal Justice Week 6 Notes
Bill of Rights & Criminal Justice Week 6 Notes SOC 2146
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This 6 page Class Notes was uploaded by Freddi Marsillo on Wednesday October 5, 2016. The Class Notes belongs to SOC 2146 at George Washington University taught by Saltzburg, S in Fall 2016. Since its upload, it has received 3 views. For similar materials see The Bill of Rights and Criminal Justice in Sociology at George Washington University.
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Date Created: 10/05/16
Bill of Rights & Criminal Justice Week 6 10/5/16 1:45 PM Anonymous Tips • Ala. V. White (1990) – Tip that White would carry narcotics from apartment to motel • Police confirm information • Ability to predict future actions demonstrated “inside information” • Reasonable suspicion can be less reliable and different in quantity and content from probable cause Florida v. JL (2000) • Anonymous called reported to the Miami-Dade Police that a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun • 2 officers respond, see JL, frisk him, seize gun • No firearms exception to reasonable suspicion • Court recognizes that a bomb tip might be different • Justice Kennedy (with Rehnquist) – called ID might put tipsters at risk and thus bolster reliability Whren v. US (1996) (DC Case) • Plainclothes vice-squad officers patrol high crime area, unmarked car • Youths in pathfinder truck with temporary plates • Truck waits 20 seconds at a stop sign • Police execute a u-turn, truck makes unsignaled turn, unreasonable speed • Truck stops at red light, officers exit, tell driver to put truck in park • Officer sees crack cocaine bags in Whren’s hands • Plainclothes officers in unmarked cars in DC cannot stop for traffic violations except for grave threat • Whren’s proposed test: would a police officer acting reasonably have made the stop for the reason given? • Court rejects test and distinguishes prior cases • Only where there is no probable cause does purpose matter o E.g., inventory searches, administrative searches • Scalia rejects notion that Whren proposed an objective test o Asks whether it is plausible that the officer had a legit mind state o More burdensome than focusing on individual officer • Where probable cause exists, balancing only is done when searches or searches are conducted in extraordinary manner o E.g. deadly force (Gamer) o E.g. surgery (Winston v. Lee) o E.g. unannounced entry into home (Wilson) Pretextual Search In order to satisfy the 4thAmendmet, • You must have a valid reason to stop the vehicle o Miller (Texas), made signal to turn but did not turn ▯ no violation occurred here • In terms of racial discrimination, that is an Equal Protection Clause th violation, not a 4 Amendment violation Maryland State Police and Stops on I-95 • 3 troopers conducted 85.4% of all searches • One searched only black people • 10 searches minorities at least 80% of the time • Whites searched 19.7% of the time; off I-95 63.7% • 72.9% stopped and searched were black people • 80.3% searched were blacks, Hispanics, or other minority • Contraband found in 28.1% of cars US v. Sanders • Bad arrest for having expired license tag and uninsured vehicle o You don’t need to have insurance or a non-expired license tag if the car is just parked in a parking lot (which it was) • Car was moved in a parking lot and the law required operation on highway • Subsequent search of the car was illegal Plain View Generally: • Very important because it permits officers to seize what is obviously (probable cause) evidence without a warrant if they come upon it in the ordinary course of their activities • So, if they search a computer for evidence of fraud, for example, and find child pornography, they can seize it and use it as evidence • If they search an office for evidence of fraud and find drugs and/or guns, they can seize them • If they stop a car and see drugs, they can seize them Plain View Rationale • The officer was acting lawfully, often while making a search • Any additional intrusion of seizing what has already been found is minor • If the officer doesn’t seize it, he is going to “freeze the scene” anyway to make sure evidence does not disappear while getting a warrant • Warrant would result in a second search, which is more intrusive than just seizing evidence Plain View – Horton v. California (1990) • Armed robbery – search warrant for proceeds • Execution – no rings or other proceeds – weapons in plain view • Requirements for a valid plain view search: o 1) Officer must validly be in place of view o 2) Item must be in plain view o 3) Incriminating character must be immediately apparent • Inadvertence rejected as unnecessary limitation Arizona v. Hicks (1987) • Bullet fired through floor of apartment and injures occupant • Police enter apartment above and see expensive stereo equipment in an “ill-appointed four-room” apartment (a not very nice apartment with some very nice looking stereo equipment) • Officer moves components to see serial numbers, telephones them in, and learns that one turntable was stolen • Officer seizes turntable, police learn other equipment was stolen and get warrant • Justice Scalia finds an illegal search • Serial numbers were not in plain view until officers moved equipment • Probable cause must be readily apparent • Dissenters argued that this was a “cursory inspection” o A word game to make the search not a search • Obviously, the smaller the objects you are looking for, the bigger the search o Officers love to look for keys, coins, stamps Plain Touch Minnesota v. Dickerson (1993) • Plain touch is theoretically okay (like in a pat-down where you have probable cause) – but not here • Court says the facts are like hicks • Officer does frisk, and feels a hard pea-shaped object • Examined object with fingers, felt like cocaine • Justices Rehnquist, Blackmun & Thomas would have remanded for state court determination Compare Williams case • Officer saw suspect taking part in drug transaction • Does Terry frisk and felt a package • Probable cause to believe it was drugs 10/5/16 1:45 PM 10/5/16 1:45 PM
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