Unit 9 notes
- 2. I. Arrests A. Arrest- When a person suspected of a crime is taken into custody B. Arrest Warrant- Court order commanding that a person named be brought into custody
- 3. C. Probable Cause- Having a reasonable belief that a specific person has committed a crime Ex. Radio report of a bank robbery, person matches the description
- 4. II. Search and Seizure A. Fourth 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.
- 5. II. Search and Seizure A. Fourth Amendment- security from unreasonable searches, probable cause needed for warrants
- 6. B. Search Warrant- A court order from a judge who is convinced there is a bona fide need to search a person or place C. Affidavit- Needed for a warrant, a sworn statement of facts that provides probable cause
- 7. D. Exclusionary Rule- Evidence seized during an unlawful search cannot be used at trial
- 8. Reasons for warrantless searches: Lawful arrest Stop and frisk Consent Plain View Hot pursuit Vehicle Searches Emergency Situations Border and airport searches
- 9. E. New Jersey v. TLO Set the legal precedent that school officials only need reasonable suspicion to search students
- 10. You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
- 11. III. Interrogation- Questioning of a suspect by police A. 5th Amendment protects against self- incrimination, the right to remain silent
- 12. B. Miranda v. Arizona- Created the Miranda Rights Police must “mirandize” suspect before questioning, or it could be inadmissible