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Winning, until proven guilty …. Rights of the Accused. Searches and Seizures . The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted with a court warrant – probable cause Exclusionary rule restricts the use of illegally obtained evidence.

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Presentation Transcript
searches and seizures
Searches and Seizures
  • The Fourth Amendment protects from unreasonable searches and seizures
  • Searches must be conducted with a court warrant – probable cause
  • Exclusionary rule restricts the use of illegally obtained evidence.
searches and seizures1
Searches and Seizures
  • Good Faith Exception (Leon): Police have reason to believe their actions were legal
  • Plain view doctrine:
    • the officer to be lawfully present at the place where the evidence can be plainly viewed
    • the officer to have a lawful right of access to the object
    • the incriminating character of the object to be “immediately apparent.
  • Supreme Court rulings limited the warrant requirement for legally stopped cars and for students and their property in school.
  • Recent rulings clarified “knock and announce” rule and duel occupancy searches
self incrimination
Self-incrimination
  • The Fifth Amendment protects:
    • witnesses before grand juries and congressional committees.
    • defendants against forced confessions.
  • The Escobedo (1964) and Miranda (1966) decisions expanded the protections of persons arrested as suspects in a criminal case.
  • Public Safety Exception (Quarles): existence of exigent circumstances that require protection of public safety
guarantee of counsel
Guarantee of Counsel
  • The Sixth Amendment guarantees a defendant the right to an attorney.
  • In federal cases, courts generally provide an attorney for defendants who cannot afford one.
  • 14th Amendment requires state courts also provide attorneys for defendants.
double jeopardy
Double Jeopardy
  • The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime
    • person may be tried more than once for the same act when a crime violates both a federal and a state law.
  • It is not double jeopardy if a single act involves more than one crime
    • defendant may be tried for each offense
    • In the case of a hung jury, a second trial is not double jeopardy.
cruel and unusual punishment
Cruel and Unusual Punishment
  • The Eighth Amendment forbids cruel and unusual punishment.
  • Capital Punishment most often challenged under 8th amendment
    • Briefly banned in 1970s, later affirmed as constitutional
  • Administration of the death penalty is an ongoing controversy under this amendment
    • lethal injection, minors, mentally ill
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