Search, the examination or inspection of premises or person with a view
to discovering stolen or illicit (unlawful) property or evidence of guilt,
investigation and evidence gathering
"Unreasonable" as an ambiguous term
Search warrant, a written order, issued by a magistrate (judge) and
directed to a law enforcement officer, commanding a search of a specified
premises
Probable cause; Illinois v. Gates
Warrantless Search
Search incident to arrest
in order for the search to be lawful, the arrest must be lawful
limitation on scope—Chimel v. California
consequences of unlawful arrest
Stop and frisk (field interrogation)
useful tool for police, especially in high crime areas
Terry v. Ohio (1968), police officer who stops a suspicious
person may frisk (pat down) the person's outer clothing as a check
for a weapon
fruit of the poisonous tree, evidence seized illegally is "tainted
and cannot be used against a suspect
Minnesota v. Dickerson (1993), the "plain feel" doctrine
as an expansion of stop and frisk
Hubel v. Nevada (2004), personal identification
Automobile Searches
Carroll doctrine (1925) , allowing warrantless searches of automobiles
Police spot checks, for checking drivers' licenses and vehicle registrations,
in Delaware v Prouse (1979)
Indianapolis v. Edmond
Fresh Pursuit
following a fleeing suspect who is endeavoring to avoid immediate
capture
the danger of higher speed automobile chases
Consent searches
requires neither probable cause nor a search warrant
consent must be given must freely and knowingly
Florida v. Bostick (1991)
Other warrantless searches
searches by private individuals
border searches
inventory searches
electronic eavesdropping
abandoned property
expectation of privacy (garbage searches)
open fields
The "Plain View" Doctrine
Harris v. United States (1968)
Anything that a police officer sees in plain view, when that officer
has right to be where he or she is, is not the product of a search and
is therefore admissible as evidence
Protective sweeps doctrine
The Exclusionary Rule
Prohibition against the use, in court, of illegally obtained evidence
Weeks v. United States (1914), U.S. Supreme Court initiates
the exclusionary rule to apply in federal court
"Silver platter" doctrine, evidence seized through unreasonable search
and seizure by state agents could be turned over to federal agents and
used in court
Wolf v. Colorado (1949), the Fourth Amendment protects
individuals against state as well as federal action, but the exclusionary
rule does not apply in state courts
Rochin v. California (1952), evidence obtained in violation
of the Fourth Amendment must be excluded from use in state as well as
federal trials
Mapp v. Ohio (1961), U.S. Supreme Court extends the exclusionary
rule to state courts
The impact of Mapp
The retreat from Mapp
United States v. Calandra (1974)
the "good faith" exception to the exclusionary rule (United States
v. Leon, 1984)
Custodial interrogation
The Fifth and Sixth Amendments
Twining v. New Jersey (1908) state defendants not protected
by Fifth Amendment
Brown v. Mississippi (1936), confession obtained by physical
coercion cannot be used in state court
The prompt arraignment rule, McNabb and Mallory cases
Confessions and counsel
Sixth Amendment right to counsel (attorney)
Escobedo v. Illinois (1964), U.S. Supreme Court rules
that the accused must be permitted to have his or her attorney present
during interrogation
Miranda v. Arizona (1966)
produced the Miranda warning
controversy over the impact of the ruling on ability of police to
fight crime
Show-ups, lineups, and exemplars
show-up, one-on-one presentation of a suspect to a victim
lineup, victim is asked to pick a suspect from a group of persons
United States v. Wade (1967) suspect has a right to
his or her attorney during a lineup
