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Search & Seizure. 4 th Amendment The 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 Oath or affirmation

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search seizure
Search & Seizure
  • 4th Amendment
    • The 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 Oath or affirmation
    • and particularly describing the place to be searched, and the persons or things to be seized.
search seizure1
Search & Seizure
  • 4th Amendment
  • Against Unreasonable Search & Seizure
  • Reasonable?
probable cause
Probable Cause
  • Reasonable Suspicion
    • More than 50% likely
  • Probable Cause
    • a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true
probable cause1
Probable Cause

is the standard by which an officer or agent of the law has the grounds to

  • make an arrest
  • to conduct a personal or property search
  • to obtain a warrant for arrest

when criminal charges are being considered.

It is also used to refer to the standard to which a grand jury believes that a crime has been committed.

terry stop
Terry Stop
  • brief detention of a person
  • by police 
  • on reasonable suspicion of involvement in criminal activity
  • but short of probable cause to arrest.

Is a consensual encounter considered a Terry Stop?

terry stop cont
Terry Stop (cont)
  • police may do a limited search of the suspect’s outer garments
  • for weapons
  • if they have a reasonable and articulable suspicion that the person detained may be “armed and dangerous”
  • known as a “stop and frisk”.
search seizure car
Search/Seizure Car
  • If I’m pulled over, what exactly gives an officer the right to search my car?
  • What reasons would they do this?
  • What areas of the car may a cop search?
  • What if my glove box is locked?
search seizure car cont
Search/Seizure Car (Cont)
  • Warning = No search
search seizure car cont1
Search/Seizure Car (Cont)
  • Warning = No search
  • Ticket = Search person, partial car
    • driver’s reach only
    • must be related to reason for arrest
search seizure car cont2
Search/Seizure Car (Cont)
  • Warning = No search
  • Ticket = Search person, partial car
    • driver’s reach only
    • must be related to reason for arrest
  • Contraband = Search interior of car
    • Entire cabin including back seat
    • Trunk area as well
    • Containers that could contain the item
search seizure car cont3
Search/Seizure Car (Cont)
  • Warning = No search
  • Ticket = Search person, partial car
    • driver’s reach only
    • must be related to reason for arrest
  • Contraband = Search interior of car
    • Entire cabin including back seat
    • Trunk area as well
    • Containers that could contain the item
  • Locked containers?
    • Seize car
    • Search Warrant
search seizure home
Search/Seizure Home
  • If a cop comes to the door, do I have to let them in without a warrant?
  • What creates a Search Warrant?
  • Additional contraband found but not listed on search warrant?
search seizure home cont
Search/Seizure Home (Cont)
  • Plain View?
  • Open Fields?
  • Drug Dog on porch?
  • Constructive Possession
extent of search warrant
Extent of Search Warrant
  • may only search the places and people listed on the search warrant
  • may only search for the sought-after evidence
  • may only search places where they might reasonably find the evidence.

For example, officers searching

for a rifle may not look

in a small jewelry box.

extent of search warrant1
Extent of Search Warrant
  • officers executing a search warrant may detain anyone present during the search (How close to the house?).
  • if officers find sufficient evidence to arrest someone present, they may arrest and search that person, even if the person was not listed on the warrant.
exemptions to search warrant2
Exemptions to Search Warrant
  • Hot (or fresh) Pursuit
  • Exigent (Emergency) Circumstance
  • Destruction of Evidence
  • Arrest Warrant (Which house?)
  • Consent
  • Protective Sweep after arrest
exemptions to search warrant3
Exemptions to Search Warrant
  • Knock and Announce?
    • Readily apparent that they are police
  • No-Knock warrant
    • Officer Safety
    • Known weapons, CCH indicates…..
    • Strong potential for destruction of evidence
miranda rights
Miranda Rights
  • How long do you have before you must read a person their Miranda Rights?
    • In Custody
    • Intent to Question
  • If I’m arrested and choose not to speak, is that admitting guilt?
  • Spontaneous Utterance
  • Can I stop answering questions after I’ve been read my rights?
truth or dare
Truth or Dare?
  • Can Officers lie to gain information? We have a “witness” when we really don’t….
    • coercion vs. voluntary
slide23
Misc
  • What limits are there to free speech? (Fire, Disorderly Conduct, Offensive)
  • Why can’t you curse at a police officer or flip them off but you can do it to regular people? (Complaint: Disorderly Conduct, Offensive)
  • Are there degrees of criminal damage to property, specifically for mailboxes? Yes
  • Curfew: 18 with a 17 year old

Do we care?

Curfew one day before you are 18 (tried as an adult?) -felony (tried as an adult)

slide24
Misc
  • Do neighborhood watch programs actually decrease the number of crimes?
  • possession of fireworks?
  • hunting / fishing without a license? ODNR
  • stealing a pumpkin from a yard?
  • If I buy cigarettes and my friend steals them and gets caught?
  • What’s the most common crime teens get arrested for?
slide25
Misc
  • one ‘phone call’, or is that just the movies?
  • Why does a criminal who takes away rights, get so many legal rights?
  • Why are cops exempt from certain things...like equal punishment?
  • Does more cooperation with an officer mean less punishment?
  • Is word of mouth enough to convict someone?
free speech
Free Speech
  • If a group of people decide to demonstrate disapproval of the government and burn flags, many are arrested on the grounds of disturbing the peace or some other charge. 
    • D.O.C., not arrested for burning flags, but conduct
  • Do you have the right to tell a cop what's on your mind without any repercussions?
ccw self defense
CCW & Self Defense
  • What requirements are there for self-defense? What is the extent of it?
  • What kind of trouble can you get in if you shoot guns in city limits? How about a BB gun?
sexting
Sexting
  • Pandering obscenity involving a minor: ORC: 2907.32.1
    • Obscene, Minor in photo, publicly presented or possessed: F2 (or F3, F4)
  • Disseminating matter harmful to minor: ORC: 2907.31
    • Harmful to minor but not obscene: M1
    • Obscene, observing minor is 13+: F5
    • Obscene, observing minor is under 13: F4
civil
Civil
  • Can I get fired for missing too much work even with a doctor’s note?
    • Discrimination?
  • If campus rules are violated, will the police be called?
    • Is it a criminal violation?
  • Can a 17-year old move out of their parent’s house after graduation?
    • Emancipation (financial, married or Armed Forces)
    • Divorce from parents (rare)