1. P ICE AND T E
OL H
CONST UT
IT ION:
T E RUL S OF L
H E AW
E ORCE E
NF M NT
2. The fourth amendment contains two critical
legal concepts:
Unreasonable searches and seizures
The requirement of probable cause to issue a
warrant
3. Outline the four major sources that may provide
probable cause.
4. Sources of Probable Cause:
Personal observation
Information
Evidence
Association
5. Explain the exclusionary rule and the exceptions
to it.
6. The Exclusionary Rule:
Prohibits the use of illegally obtained evidence in
court
The Fruit of the Poisoned Tree:
Evidence obtained through illegally obtained
evidence is also inadmissible
7. Exceptions to the exclusionary rule:
Inevitable discovery
◦ Brewer v. Williams (1977)
◦ Nix v. Williams (1984)
Good Faith
◦ United States v. Leon (1984)
8. Distinguish between a stop and a frisk, and
indicate the importance of the case Terry v. Ohio.
9. A stop is the brief detention of a person by
the police for questioning. A stop requires
reasonable suspicion.
A frisk is a pat-down or minimal search by
police to discover weapons. It is conducted
for the protection of the officer.
10. Stops and Frisks are governed by:
Reasonable suspicion
Terry v. Ohio (1968)
The “totality of the circumstances”
11. List the four elements that must be present for an
arrest to take place.
12. The elements of arrest:
The intent to arrest
The authority to arrest
Seizure or detention
The understanding of a person that they have
been arrested
13.
14. Arrests with a warrant:
Officers are required to knock and announce their
presence.
Wilson v. Arkansas (1967).
Under certain exigent circumstances officers do
not need to announce themselves:
◦ The suspect is armed and dangerous.
◦ Evidence is being destroyed.
◦ A felony is in progress.
15. Arrests without a warrant:
The arrest is committed in the presence of the
officer.
The officer has knowledge a crime was
committed and probable cause to believe the
crime was committed by a particular person.
16. The Role of Privacy in Searches
◦ Katz v. United States (1967)
A person must show they have an expectation of privacy
That expectation must be reasonable
◦ Greenwood v. California (1988)
17. Search warrants must demonstrate:
◦ Information showing probable cause that a crime has
been or will be committed
◦ Specific information on the premises to be searched,
the suspects to be found and the items to be seized
18. List the four categories of items that can be seized
by use of a search warrant.
19. Four categories of items that can be seized
by use of a search warrant:
Items that resulted from a crime
Items that are inherently illegal for anyone to
possess
Items that can be called “evidence” of a crime
Items used in committing the crime
20. Explain when searches can be made without a
warrant.
21. Searches incidental to arrest
◦ United States v. Robinson (1973)
The officer’s need to confiscate any weapons the suspect
may be carrying
The need to protect any evidence on the suspect’s person
from being destroyed
◦ Chimel v. California (1969)
22. Searches with consent
◦ Schneckcloth v. Bustamonte (1973)
◦ Florida v. Bostick (1991)
Searches of automobiles
◦ The Carroll Doctrine
◦ Whren v. United States (1996)
◦ Maryland v. Wilson (1997)
23. Plain view doctrine
◦ New Hampshire v. Coolidge (1971)
The item is positioned in the officer’s view
The officer is legally in a position to notice the item
The discovery of the item is inadvertent
The officer immediately recognizes the illegal nature of the
item
24.
25. Electronic surveillance can only be used:
If consent is given by one of the parties
Or there is a warrant authorizing the activity and:
◦ Names the persons under surveillance
◦ Details the conversations to be recorded
◦ Shows probable cause that a crime has been committed
26. The Legal Basis for Miranda
When a Miranda Warning is Required
◦ When a suspect is under arrest
◦ And is being questioned about an ongoing investigation
27. Indicate situations in which a Miranda warning is
unnecessary.
28. When Miranda is Not Required:
◦ When police do not ask suspect questions that are
testimonial in nature
◦ When the police have not focused on a suspect and are
questioning witnesses at the scene
◦ When a person volunteers information before being
asked
◦ When the suspect has given a private statement
◦ During a stop and frisk when no arrest has been made
◦ During a traffic stop
31. Questions:
◦ Do you believe a Miranda warning is necessary to
prevent individuals from falsely confessing?
◦ How may recent court decisions that erode Miranda
impact the criminal justice system?
