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CJ 110 (26)
Prof.Allen (19)
Chapter 5

Chapter 5.odt

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Department
Criminal Justice
Course
CJ 110
Professor
Prof.Allen
Semester
Spring

Description
Chapter 5 • Legal Restraints: The U.S. Constitution is designed to protect citizens against abuses of police power. It is designed to protect us from the government. • 1960s: The Supreme Court clarified individual rights in the face of criminal prosecution. • Individual rights: Due process, required by the 4 , 5 , 6 , and 14 amendments • Constitutional Protection: ◦ People are to be protected agains unreasonable searches and seizures ◦ People are to be secure in their homes ◦ 4 amendment: search issues th ◦ 5 amendment : self- incrimination ◦ 6 amendment : right to counsel, you have the right to be represented by an attorney • Fourth amendment ◦ Search ◦ Seizures ◦ Arrests ◦ Stop-and-frisk • Warrant ◦ Bringing probable cause in front of a neutral magistrate with the particulars of the case ◦ Exceptions: ◦ Searches incident to arrest ◦ Consent searches ◦ Exigent circumstances searches or emergency searches ◦ Vehicle searches ◦ You cant look for evidence where they wouldn't be (elephant in bread box) • **Plain View Doctrine: ◦ Arizona v. Hicks (1987) ◦ Hicks arrested when police entered his apartment to check report of gun being fired ◦ Police see two stereo systems in corner of room that they believe may be stolen, police write down serial number of first stereo because it is plainly visible, second stereo has to be moved to see serial number ◦ Stereos has been reported stolen ◦ Hicks convicted of larceny based on seized stereos ◦ Hicks appeals conviction ◦ Supreme court decision: upheld appeal decision justification: officers behavior became illegal when he moved the stereo to record serial number ◦ Hicks was let go • Terry v. Ohio (1968) ◦ Stop and frisk ◦ Landmark case ◦ “pat-down” search of Terry by police veteran of 39 years. ◦ Terry was to believed to be “casing” a store for robbery ◦ Officer testified- man did not look right ◦ Agun was found on Terry ◦ He was convicted of carrying a concealed weapon ◦ He appealed claiming that the officer had no probable cause to search ◦ US supreme court ▪ appeal rejected ◦ Justification ▪ Reasonable suspicion existed for stop and frisk. The facts must lead officers to suspect that crimes may be occurring, and that suspects may be armed. • Minnesota v. Dickerson (1993) ◦ Seen leaving a building known for trafficking cocaine ◦ Police stopped Dickerson after they observed him acting suspiciously ◦ Pat-Down search revealed no weapons, but did reveal a small lump in his jacket ◦ Police suspected lump was cocaine ◦ Officer retrieves lump of crack cocaine ◦ Court created plain touch exception ◦ Supreme court had already established that the stop and frisk was not a violation so appeal was rejected • Carroll v US (1925) ◦ First case to involve a vehicle ◦ Supreme court ruled a warrantless search of an automobile is valid if based on a reasonable belief that contraband is present. ◦ “Plain smell” ex. Smelling marijuana • KNOW THESE CASES ◦ Weeks v US= Exclusionary rule ◦ Silverthrone Lumber Co v US= Fruit of the poisoned tree ◦ Mapp v Ohio= Exclusionary rule and state law enforcement ◦ Chimel v California= immediate control ◦ US v Leon= Good faith exception to the exclusionary rule ◦ Terry v Ohio= stop and frisk ◦ Hicks VArizona ◦ Carroll v US • Exclusionary Rule (1914) ◦ Weeks v US ◦ Suspected of selling lottery tickets though the mail ◦ Weeks home searched ◦ Personal property confiscated ◦ Weeks attorney asked that personal property be returned ◦ Federal judge agreed some of weeks property should be returned ◦ Weeks convicted on remaining evidence ◦ Case appealed ◦ Supreme court created the Exclusionary Rule ◦ Evidence that was seized improperly has to be excluded in further investigation • Fruits of Poisoned Tree ◦ Silverthrone Lumber co v. US (1918) ◦ Silverthrone was accused of not
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