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This page Class Notes was uploaded by Hailey on Wednesday November 25, 2015. The Class Notes belongs to CJC 250 at Ball State University taught by Gibbs in Summer 2015. Since its upload, it has received 38 views. For similar materials see Intro to Courts in Criminal Justice at Ball State University.
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Date Created: 11/25/15
The exclusionary rule the 4th amen requirement courts judges must refuse to consider evidence obtained by unreasonable search and seizure methods regardless of how relevant the evidence is to the case this rule known as the exclusionary rule is the direct result of the supreme court decision in the case of weeks vs US the exclusionary rule de ned in the weeks case as a matter of judicial implications was made applicable to the federal courts in 1914 In 1961 the exclusionary rule reached maturity when the supreme court in the case of map v ohio extended the rule to every court and law enforcement officer in the nation Assumptions of the exclusionary rule the supreme court of the us has enforced the exclusionary rule which are based on the following two assumptions 0 that the exclusion of evidence obtained in an improper or illegal method would discourage and deter future police investigative methods and procedures which we improper or illegal 0 there are no other practical alternatives for the policing of the police and discouraging improper or illegal police conduct 0 since 1961 the rules governing the manner and method in which evidence may be obtained by law enforcement officers through search and seizure have become complex and difficult to understand Ferguson v City 2001 US supreme court decision 0 The us supreme court reversed the decision of the fourth circuit with a six to three verdict o A state hospitals performance of a diagnostic test to obtain evidence of a patients criminal conduct for law enforcement purposes is unreasonable search if the patient ha not consented to the procedure 0 The interest in using threat of criminal sanctions to deter pregnant women from using cocaine cannot justify a departure from the fourth amendment protections if not authorized by a valid warrant Special needs 0 According to this doctorine warrantless searches are permitted without probable cause when the govs regulatory interests outweigh individual privacy rights Board of education of independent school district No 92 of Pottawatomie county et al v ears et al 2002 Student activities drug testing policy adopted by the Tecumseh OK school district requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity Lindsay earls and Daniel James with parents brought case before the school district challenging the policy itself and how it is applied to their participation in extracurricular activities Alleged that policy violated fourth amen as incorporated by the fourteenth amendment Decision 0 Tecumseh s policy is a reasonable means of furthering the schools districts important interest in preventing and deterring drug use among its school children and does not violate the fourth amendment because searches by public school officials implicate fourth amendment interests Functions of the exclusionary rule seeks to deter and discourage the police if they are involved in o violations of constitutional rights of defendants o violations of statutory rights of defendants o violations of court rules if there is a violation quotThe evidence obtained by improper or illegal means is excluded and suppressedquot 111215 WARRANTLESS SEARCH amp SEIZURE THE 4TH REQUIREMENTS The rationale of warrantless search and seizure A warrantless search occurs when a police officer conducts an inspection without priorjudicial review Some eld situations demand immediate action Any delay caused by the time to secure a search warrant could produce an untenable situation for the officer and for the police As a result the courts have exempted officers from the usual requirements of a warrant in many instances However either probable cause or reasonable suspicion is needed to invoke a warrantless search or seizure Describe when the police may lawfully detain an individual police may detain a person or the occupants of a vehicle for questions where on the basis of speci c articulable facts officers have reasonable suspicion that 1 criminal activity may be afoot or 2 the detainee has previously committed a crime EX in an area often frequented by drug users the police stop X because he quotlooked suspiciousquot He confesses to being a drug distributor Since merely quotlooking suspiciousquot without supporting facts is insufficient to stop someone the subsequent confession even if validly made is not admissible Automobile search pursuant to a valid full custodial arrest of the occupants of a vehicle the police may search its interior Automobile search Justi cation for search without warrant a vehicle can be quickly moved out of the jurisdiction or locality in which the warrant must be sought the occupants of the vehicle are immediately alerted eg officers intention The content eg contraband in the vehicle may never be found if the police have to obtain a search warrant The principle or doctrine of automobile search can not be extended to a mobile home Automobile search legal requirements the legal doctrine or requirements regarding quotautomobile searchquot is based on the decision of Carroll v US requirements 0 the vehicle has to be movable o the officer must have probable cause to suspect that the vehicle contains contraband 0 note probable cause in an automobile search situation must be based on facts and circumstances traffic violation is not probable cause to search vehicle Doctrine of plain view search conditions 0 it primarily depends on officers discretion 0 criminal evidence is not concealed o sighting the officer is in a lawful fashion or activity legal requirements 0 the officer must have the legal right to be present in the area from which the object contraband is seen 0 the sighting must be accidental prior to 1990 0 once the officer sees the object he or she must immediately recognize it as contraband Sighting requirement in plain view Horton v California 1990 the court stated that quotno longer the discovery or sighting of the object have to be accidentalquot as long as no police misconduct is involved any viewing is legit an of cer might not recognize the item for what it actually is but as long as the of cer has probable cause to believe the object is illegal then he or she may seize that object If someone reports somethingone for quotsuspicious behaviorquot the police must conduct an investigation before they get a warrant to search Legal requirements search incident to an arrest the major reason for such a warrantiess search and seizure is to protect the officer from potential attack 3 conditions must be present 0 a legit arrest 0 a custodial situation youre not free to go amp can be handcuffed o conducting the search contemporaneously to the arrest note contemporaneously means that the officer searches the person almost immediately after the arrest 0 full body search is legal 0 search surrounding area The quotExigent Circumstancesquot search legal doctrine amp requirements Exigent Emergency Circumstances 0 Hot pursuit 0 Evidence preservation 0 Public safety Hot Pursuit refers to those situations where the police are chasing the suspect and the suspect is eeing in an attempt to elude apprehension The police may enter the premise eg house and look for the suspect without rst obtaining a search warrant and make a lawful arrest and conduct a search incidental to an arrest Evidence Preservation many criminal cases demand that the of cer locate con scate and preserve evidence to ensure a successful prosecution later in court Time is of the essence here Public Safety A law enforcements primary duty is the preservation of life public safety As a result the of cer may make a forced warrantiess entry into the house to search anybody trapped inside If the of cer found any contraband evidence fruits of a crime or any instrumentalities during this intrusion legal he or she may seize the objects under the plain view doctrine Describe quotpublic safetyquot exception to the Miranda rule Evidence derived from a custodial interrogation is admissible even in the absence of prior Miranda warnings if 1 it was voluntarily given and 2 a risk to the publics safety existed at the time of the questioning Examination tip once Miranda rights are invoked ie the suspect indicates he or she does not want to answer any questions interrogation must cease However if the suspect 1 initiates subsequent discussions with the police 2 adequate Miranda warnings are reiterated and 3 no intervening interrogation occurred the earlier invocation of Miranda rights is waived Stop amp Frisk Legal requirements The US Supreme court in the case of Terry V Ohio speci es the following guidelines to determine whether a stop amp frisk is valid Circumstances o The police of cer must observe unusual conduct that leads him or her to reasonably conclude in the light of his or her expe encethat a Criminal activity may be afoot about to commit b the person with whom he or she is dealing may be armed and presently dangerous 0 What police officer must initially do in the course of investigating suspicious behavior Identify himherself as a police officer Make reasonable inquiries o Extent of what an officer may do If these rst two requirements are satis ed the of cer for the protection of himself and others in the area may conduct a carefully limited search of outer clothing of the person in an attempt to discover weapons that might be used to assault the of cer Stop and frisk are actually two separate acts each has its own requirements to de ne legality of stop or frisk A stop is justi ed only if the police of cer has reasonable suspicion in light of his or her experience that criminal activity is about to take place To justify a stop reasonable suspicion must be based on speci c objective facts and logical conclusions which are based on the of cers experience Is an investigative stop based on second hand or hear say info valid l yes stop is legal but search is needed to be justi ed by factual information ls info from anotherjurisdiction suf cient for a stop l yes What if tip is anonymous can police stop the suspect l yes The US Supreme court held that an anonymous tip corroborated by independent police work may provide reasonable suspicion to make an investigatory stop if it provides a sufficient indicia or reliability Alabama V White There is no time limit for how long police can stop the suspect The US Supreme court has been reluctant to place an explicit time limit on such a stop The fundamental guideline is that such a stop and frisk no longer than is necessary to effectuate the purpose of the stop as long as the officer proceeds reasonably and without undue delay This is called quotThe Free to Leave Testquot