Search & Seizure

Stephanow 20084th Amendment

CRIMINAL JUSTICE PROCESS in TEXAShttp://www.texasbar.com/Template.cfm?Section=Home&CONTENTID=3952&TEMPLATE=/ContentManagement/ContentDisplay.cfm

4th AmendmentThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by or affirmation, and particularly describing the place to be searched and the persons or things to be seized.PROTECTS YOU FROM THE GOVERNMENT ONLY!

ARRESTTake a person into government custody.

ARREST WARRANTWarrant (court order issued by a judge) that authorizes an arrest.

INFORMANTA person who supplies information to police.

DRUG COURIER/TERRORIST PROFILECharacteristics used by law enforcement to single-out possible suspects. Used to provide a basis to stop & question a person or to help establish probable cause for arrest.

What would some characteristics be for a drug courier?What would some characteristics be for a terrorist?

RACIAL PROFILINGWhen the police use race to single-out a minority as a suspected criminal. Used to provide a basis to stop & question a person or to help establish probable cause for arrest.

CORROBORATEInformation that verifies or confirms the informants tip.

PROBABLE CAUSEReasonable belief that a specific person has committed a crime.

Continuum of Certainty

STOP & FRISKIf an officer has reasonable suspicion to believe a person is armed and dangerous, s/he may do a limited pat-down of the persons outer clothing to remove any weapons the person may be carrying.

SEARCH WARRANTWarrant (court order issued by a judge) that allows law enforcement officers to conduct a search of a residence, vehicle, etc.

AFFADAVITA sworn statement of facts & circumstances that provides the probable cause to believe that a search is justified.

SCOPE OF THE SEARCHOfficers can only search in areas that are reasonable hiding places for what they are looking for.Ex. Where could they look for a shot gun?--a closet?--a bathroom drawer?

EX. Where could they look for drugs?

CONTRABANDIllegal items.

Do police ALWAYS need a warrant?No! Here are some exceptions:Hot pursuitAfter arrestConsentEmergenciesPlain view (includes open fields and aerial surveillance)Plain smell

Jail or prisonAirportsGovt BuildingsBorder & open seasSchoolsVehicle searches if they have probable cause.

WIRETAPPINGKatz v. U.S. (1967)Even FBI and CIA need a warrant; its an invasion of privacy.FISA Court set up in the early 70s to allow the gov. to get a quick warrant for surveillance, or be able to act and then get a warrant after the fact.What about the US PATRIOT Act?Did the Bush Administration violate the FISA Act and the 4th Amendment while conducting domestic surveillance?What about the Obama Administration?

Bush & Domestic SpyingSome people are upset that the Bush Administration is searching without probable cause and/or obtaining a warrant.

SCHOOL SEARCHESNew Jersey v. T.L.O. (1985)Schools act in loco parentis and have an obligation to provide for the health and safety of students.Therefore, school officials do not have to have probable cause or a warrant.Schools only need REASONABLE SUSPICION.

SCHOOL SEARCHESLaw enforcement officers in school.Cannot search; school officials must.Can be brought in if something is found by school officials.Evidence found can be probable cause for a peace officer to make an arrest.For a peace officer to search in school, generally must need a warrant.

SCHOOL SEARCHESCan schools strip search students?Safford Unified School District vs. Redding (2009)Currently pending before the SCt

SCENARIOSJills former boyfriend breaks into her apartment and looks through her desk for love letters. Instead he find drugs, which he turns over to the police.Has there been a violation of Jills 4th Amd. Rights?

SCENARIOSAfter Jose sets his trash out on the curb for trash pick-up, the police come and go through itfinding plans for a murder. They arrest Jose based on this evidence.Has there been a violation of Joses 4th Amd. Rights?

SCENARIOSA student informs the AP that Bob has a gun in his locker. The APs search the locker, find a gun, and have a peace officer arrest Bob.Has there been a violation of Bobs 4th Amd. Rights?

SCENARIOSLarry is observed shoplifting items in a store. Police chase Larry into his apartment building and arrest him outside the closed door of his apartment. A search of his apartment reveals a large quantity of stolen items.Has there been a violation of Larrys 4th Amd. Rights?

SCENARIOSSandy and Claire share an apartment and both have their name on the lease. Sandy is suspected of having drugs. The police go to her apartment and ask her roommate Claire, if they can look through Sandys bedroom and dresser. Claire says okay. They find the drugs.Has there been a violation of Sandys 4th Amd. Rights?