Unit 2 - Rights of the accused Flashcards
(33 cards)
4th Amendment
- Protects from unreasonable search and seizure
- Creates warrant requirement
5th Amendment
- Grand Jury Indictment
- Double-Jeopardy protection
- Can’t be “deprived of life, liberty, or property, without due process of law”
- Protection from Self-Incrimination
- “Plead the 5th”
6th Amendment
- Speedy, Public trial
- Jury of peers (as impartial as possible)
- Confront witnesses against you
- Compel witnesses for you
- Assistance of Counsel
The police may search a lawfully arrested person and the area immediately around them for concealed weapons without a warrant.
True
A police officer who thinks a person is behaving suspiciously and likely to be armed may stop and frisk the person for weapons.
If the person agrees, they may be searched without a warrant AND without probable cause.
True
If an object connected with a crime is in plain view of an officer, it may be seized without a warrant.
True
Police in hot pursuit of a suspect are not required to get a search warrant before entering a building they see the suspect enter.
True
An officer with probable cause may conduct a search of an entire vehicle and any containers in it without a warrant.
True
If the police receive a telephoned bomb threat they may enter a building without a warrant.
Customs agents may search without warrants AND without probable cause whenever they want.
True
Definitions:
Search
A search is any government intrusion into an area where a person has a reasonable expectation of privacy. A search of a person, a person’s item or property by a police officer requires a valid search warrant to be a legal search, with some exceptions.
Definitions:
Seizure
A seizure is the control by the government over a person or thing.
Definitions:
Arrest
An arrest occurs when the police take a person into custody against his or her will for purposes of criminal prosecution or interrogation.
Definitions:
Probable Cause
There is enough trustworthy information so that a reasonable police officer would believe that a suspect has committed or is committing a crime.
Definitions:
Reasonable Suspicion
Some proof of wrongdoing. It must be more than a hunch. There must be facts that suggest criminal activity.
Definitions:
Warrant
A legal document issued by a judge that authorizes the police to conduct a search or seizure. It must describe the places to be searched and the items to be seized.. A warrant will be issued if the judge believes that there is probable cause to believe that the area to be searched or item to be seized will uncover evidence of a crime
When are searches and seizures without warrants legal?
- Plain view
*The police may seize any item he or she sees in
plain view if:
- The officer is lawfully on the premises and in a
position to view the evidence, and
- The officer has probable cause to believe that
the item is evidence of a crime. - Consent
* A person may waive Fourth Amendment protection
by consenting to a search.
* Consent may be withdrawn at any time.
- Consent may be given by only those with some authority over the area (for example, a person sharing an apartment can consent to a search of the apartment even if the other tenant would not have consented; a parent may consent to the search of a child’s room.)
Searches of individuals:
- may seize a person for investigative purposes even if they lack probable cause to arrest.
- must have reasonable suspicion of criminal activity or involvement in a crime.
- The stop must be brief.
- If during the stop the officer develops probable cause, the officer can arrest the person and conduct a search.
(This is called a search “incident to a lawful arrest.” The
primary goal of this search is to make certain the
person isn’t carrying a weapon or destroying
evidence.) - an officer can always stop a person walking on the street and ask questions.
(the person does not have to answer the questions.)
Search of automobiles:
- may stop a car if they have reasonable suspicion that the driver of the car has violated a traffic law.
- may order the driver and passengers to get out of the car.
- If during the traffic stop the police have probable cause to believe there is evidence of a crime in the car, they may search the car and everything inside the car without a warrant, this includes the glove compartment and the trunk.
(This exception to the warrant requirement exists
because a car and the evidence in it can be driven
away.) - may impound a car that has been involved in a crime and search it as part of the routine police inventory search.
- Police may remove property and place it in a locked area of the station. This protects the person’s belongings.
Searches of houses/apartments:
- no search warrant = must ask permission to search
- (You may refuse to let them enter.) - search warrant = you must let them search and not interfere.
- warrant must describe police permissions,
- If they find anything else illegal during their search, they may take that object and arrest you.
- Anything in your house that is found may be used to charge you with additional crimes.
- If you cause trouble, you may be arrested.
Exception
In some cases, such as a hot pursuit or an emergency, the police may search your home without a warrant. ***
Definition:
Exclusionary Rule
In some cases, evidence seized through a search in violation of the Constitution will not be admissible in court and may not be used in the preparation of the case. This is called the Exclusionary Rule.
What rights are included in “Miranda warnings” and when would a “Miranda warning” be given?
Rights:
- You have the right to remain silent
- Anything you say can and will be used against you in
a court of law
- You have the right to an attorney
- If you cannot afford an attorney, one will be
appointed for you
When:
- requires that officers let you know of certain facts
after your arrest, before questioning you
When can a person be arrested?
Once the officer develops probable cause to believe that the person committed a crime, the detention becomes an arrest. If there is no warrant for a person’s arrest, an officer may arrest him or her if:
- the offense was committed in the officer’s presence, or
- if the officer has probable cause to believe that a felony was committed and the arrested person committed it.
- a charge has been made upon probable cause by someone else to the officer that a felony was committed and the arrested person committed it.
8th Amendment
- no Excessive bail
- no excessive fines
- no cruel and unusual punishments
SUPPOSE A CRIME HAS BEEN COMMITTED. WHAT DO THE POLICE DO?
- begin to investigate the situation by gathering physical evidence
- questioning persons who might have knowledge of the crime.
- Police are free to approach people and question them, and the people are free to refuse to answer the questions.
