The Police, Searches, etc

1. The Police, Searches, etc • Probable Cause-IF the police have “probable cause” that a crime has taken place they may ask a judge for a “search warrant” • MAY ONLY SEARCH FOR THINGS W/IN the WARRANT • Evidenced gained illegally by the police is subject to the “Exclusionary Rule”

2. Warrant

4. When the Police need NO Warrant • 1. consent (Yes Officer, go ahead) • 2. plain view (It’s on the floor of my car) • 3. Search Incident or Arrest (You’ve been arrested, for police protection, they may search) • Exigent Circumstances (Flushing evidence down toilet)

5. Terry Stop • Three Men looking into a window, Suspicious • Terry V. Ohio • What it is?-The Police may search you for a weapon on your outer clothes only….. • When you’re pulled over, they can do this too

7. Vernonia School District V Acton • Oregon-Late 1980’s school officials recognized higher rate of drug use among athletes • Student athletes were role models and admired-school and community • Athletes were recognized now as drug users but leaders of drug culture • Poor athletic/dangerous performance

8. What to do? • All extra curricular students-10% weekly random testing • Is “Reasonableness” justified in urine testing of all students? Does this constitute an illegal search??? • Warrants are NOT always necessary-Places with “special needs-” a school • The Supreme Court held that although the tests were searches under the Fourth Amendment, they were “REASONABLE” Searches

9. What is “Reasonable Suspicion?” • Less than probable cause but MORE than a “hunch or a suspicion.” • Police may search a detained person for “weapons” but not drugs. • A “Terry Stop”-BRIEF detention by the police on “reasonable suspicion” of their involvement in a crime • Traffic stops count • “May I search your car?” NO-I do not consent to a search. • Or sure, go ahead.

10. continued • Without a warrant, police may not search the car unless weapons or contraband are in plain sight. • The police may not move objects to get a better view • Police protect the public. 99.9% percent are honorable. No one is perfect

11. Exclusionary Rule • Evidence gathered illegally can be “excluded” from trial • Mapp V. Ohio-Police search Dollree’s home without a warrant looking for gambling evidence. They found porn instead. She was arrested for having obscene material. The court overturned her conviction and “Excluded” the obscene material. • Exclusionary rule-means to prevent police misconduct.

12. US Government Journal! • Please explain the concept of “Double Jeopardy.” • Contrast a bench trial with a jury trial • What is the right to a speedy trial??

13. Mapp V. Ohio • Police search home for wanted man who rented a room • What do they find?? Porn • Illegal in those days • They arrested Dollree Mapp, who owned the house • Background (for me) • Strengthened the concept of the “Exclusionary Rule”

14. Illinois V Caballes • Marijuana • Mr. Caballes stopped by Police • Another police car with K-9 Unit comes • Did the stop prove probable cause to have k-9 unit come? • The court said that, yes, no problem • Off to prison • HOWEVER!!!!!!!!!!!!!!!!!! March 26, 2013

15. TLO v. New Jersey • Young lady was smoking cigarettes in the bathroom • A teacher smelled the smoke and took girls to A.P. • “Reasonable suspicion” They smelled like smoke. • Searched young T.L.O.’s purse • Found drug paraphenialia, cigarettes, names of kids she dealt marijuana to. All in “plain sight.” • She sued, she lost.

16. Safford USD V. Redding • Prescription Drugs on campus, middle school • Young Savanna Redding accused of having, distribution these pills • Her friend was caught and said she got them from Savanna • Near strip search • Her parents sued, they won. • There was NO REASONABLE suspicion that Savanna had drugs