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4th & 5th Amendments

by: Alyssa Hendrixson

4th & 5th Amendments CJ 100

Alyssa Hendrixson
GPA 3.0
Intro to Criminal Justice
Douglas Klutz

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About this Document

Intro to Criminal Justice
Douglas Klutz
One Day of Notes
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This 3 page One Day of Notes was uploaded by Alyssa Hendrixson on Tuesday January 13, 2015. The One Day of Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2013. Since its upload, it has received 135 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.

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Date Created: 01/13/15
4th Amendment Remember Protection against unreasonable searches and seizures Probable cause No general warrantsmust be speci c quotReasonable expectation of privacyquot Warrants are not required Consent Plain View Doctrine Includes areas visible from air Plain Feel and Plain Smell Police dogs who sniff luggage in public places are not conducted searchesso you are not subject to 4th Amendment protections Weeks vs US 1914 Exclusionary rule is created Illegally seize in illegal search cannot be used against you Huge check on police policy Only applied to federal cases Mapp vs Ohio 1961 Extended the exclusionary rule to the Statesvia Due Process Clause in the 14th Amendment Katz vs US1967 Keyissues quotright to privacyquotextended outside home Do you need physical intrusion to constitute a searchwiretapping Ruling Private conversations can be made in public places Wiretapping violated privacy and therefore constituting an unreasonable search and seizure Must need warrant Evolution of technologythink cell phones What a person knowingly exposes to the public even in hisher own home or of ce is not a subject of 4th Amendment protection Terry vs Ohio1968 Based on reasonable suspicion an individual can receive a quotstop and friskquot quotTerry Stopquot applies to traf c stops as well California vs Greenwood1988 4th Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the cartilage for the home No reasonable expectation of privacv for trash on the side of the street Kyllo vs US2001 Use of thermal imaging technology to see through walls The use of thermal imaging technology constituted a search did not fall under quotplain view doctrinequot US vs Jones2012 Government installation and extended use of GPS device without a warrant Keyissue Movement on public streets does tracking violate the 4th Amendment Does tracking and monitoring constitute a quotsearchquot K 9 Searches Sniff by police dog is mt a search under 4th Amendment Positive alerts by K 9 units are treated as probably cause Florida vs Jardines2013 Is a K 9 unit sniff outside of the home a 4th quotsearchquot Is a quotsearchquot requires both probably cause and a warrant Motor Vehicle Exception Allows the search of a motor vehicle without a warrantstil have to have probably cause Sight or smell of contrabandpain view amp smell Minor traffic violations are not considered probably cause lmplied consent DUI Checkpoints US Supreme Court quotintrusion on individual libertiesquot and m meet the de nition of an quotunreasonable seizurequot Upheld under 4th Due to threat of drunk drivers checkpoints are a necessary mean of protection 5th Amendment Grand Jury Indictments Decides whether the prosecution has enough evidence to bring a defendant to trial Probable cause indictmentformal charging green light to proceed Miranda Rights Miranda vs Arizona1966 Protects 5th Amendment rights of individual against selfincrimination Rights read after a person has of cially been taken into custody but before any interrogation takes place Reasons Protection against forced confessionsquotcompelled selfincriminationquotprotection against lengthy interrogations without legal counsel quotPublic safetyquot exception 0 Can forgo Miranda Rights if there is a threat to public safety National Defense Authorization ActNDAA


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