� PROTECTION FROM UNREASONABLE SEARCHES AND SEIZURES
MAPP v. OHIO (1961)
� MADE ALL U.S. SUPREME COURT CASES APPLY TO ALL THE STATES, AND
� ESTABLISHED THE EXCLUSIONARY RULE
THE EXCLUSIONARY RULE
� EVIDENCE SEARCHED FOR OR SEIZED ILLEGALLY SHALL BE EXCLUDED
AN ODD REMEDY
� INSTEAD OF PUNISHING THE OFFENDING OFFICER, WE RISK PUNISHING SOCIETY BY TURNING THE SUSPECTED CRIMINAL LOOSE
FRUIT OF THE POISONED TREE DOCTRINE
� ESTABLISHES HOW FAR EXCLUSIONARY RULE GOES
� EVIDENCE OBTAINED FROM TAINTED EVIDENCE IS TAINTED EVIDENCE TOO
SEARCHES WITHOUT SEARCH WARRANTS ARE LEGAL (NO EXCLUSIONARY RULE) IF REASONABLE
REASONABLE SEARCHES
� DETERMINED BY U.S. SUPREME COURT
� ALWAYS INVOLVE LETTING POLICE DO THEIR JOBS, BUT
� LIMITING POLICE TO WHAT IS REASONABLE
REASONABLE SEARCHES (MORE ON EACH)
� STOP AND FRISK
� INCIDENTAL TO A LAWFUL ARREST
� VEHICLE SEARCHES
� PLAIN VIEW
� CONSENT
� EMERGENCY SEARCHES
STOP AND FRISK
� POLICE MAY STOP PERSON OR CAR (LETTING POLICE DO THEIR JOBS) BUT
� MUST HAVE �REASONABLE SUSPICION� (LIMITING POLICE TO WHAT IS REASONABLE)
� �REASONABLE SUSPICION� IS FACTS LEADING A REASONABLE PERSON TO BELIEVE A CRIME HAS BEEN COMMITTED, IS BEING COMMITTED OR IS ABOUT TO BE COMMITTED BY A PARTICULAR PERSON
� POLICE MAY SEARCH PEOPLE, BUT MAY ONLY SEARCH OUTER CLOTHING FOR WEAPONS (IF �REASONABLE SUSPICION� IS ALL THE POLICE HAVE)
INCIDENTAL TO A LAWFUL ARREST
� FOR OFFICER PROTECTION, POLICE MAY SEARCH THOROUGHLY �WITHIN ARM�S REACH,� BUT
� ONLY IF POLICE HAVE MADE A LAWFUL ARREST
VEHICLE SEARCHES
� POLICE MAY SEARCH CAR IF STOPPED LEGALLY AND THERE IS �PROBABLE CAUSE�
� �PROBABLE CAUSE� IS MORE THAN �REASONABLE SUSPICION.� IT INVOLVES FACTS LEADING A REASONABLE PERSON TO BELIEVE A PARTICULAR PERSON HAS COMMITTED A PARTICULAR CRIME.
PLAIN VIEW
� THIS INVOLVES NO SEARCH, SO THERE CAN BE NO ILLEGAL SEARCH
� ONLY LEGAL QUESTION INVOLVES OFFICERS BEING WHERE THEY MAY LEGALLY BE
OPEN FIELDS AND AERIAL SURVEILLANCE
� EXTENSIONS OF �PLAIN VIEW�
� OFFICERS MAY SEE WHAT THEY CAN SEE
CONSENT
� YOU MAY ALWAYS WAIVE YOUR RIGHTS
� INCLUDING YOUR FOURTH AMENDMENT RIGHTS
� ONLY LEGAL ISSUE INVOLVES WHETHER OR NOT THE WAIVER IS TRULY VOLUNTARY
EMERGENCY SEARCHES
� INVOLVE �EXIGENT CIRCUMSTANCES�
� �EXIGENT CIRCUMSTANCES� ARE CLEAR DANGERS (1) TO LIFE, (2) OF ESCAPE, OR (3) OF REMOVAL OR DESTRUCTION OF EVIDENCE
HIGH TECH SEARCHES
� THE �REASONABLE EXPECTATION OF PRIVACY� RULE
EXCEPTIONS TO THE EXCLUSIONARY RULE
� COMPUTER ERRORS
� GOOD FAITH EXCEPTION
MOST SEARCHES DONE WITHOUT SEARCH WARRANTS
� SEARCHES WITH WARRANTS ARE ALWAYS LEGAL
� �PROBABLE CAUSE� NEEDED FOR A SEARCH WARRANT (WHETHER FELONY OR MISDEMEANOR)
SUSPICIONLESS SEARCHES OK�D BY THE U.S. SUPREME COURT
� MANDATORY DRUG TESTING FOR SOME WORKERS
� BUS SEARCHES
� SOBRIETY CHECK POINTS
THE ARREST
� OCCURS WHENEVER AN OFFICER CURTAILS A PERSON�S FREEDOM IN A SIGNIFICANT WAY
� ALWAYS LEGAL WITH AN ARREST WARRANT
� WITHOUT AN ARREST WARRANT, A FELONY ARREST REQUIRES �PROBABLE CAUSE�
� A MISDEMEANOR ARREST WITHOUT A WARRANT REQUIRES THAT THE MISDEMEANOR WAS DONE IN THE PRESENCE OF THE OFFICER (OR PERSON) MAKING THE ARREST
QUESTIONING BY POLICE AFTER ARREST (INTERROGATION)
� PHYSICAL ABUSE LEGAL UNTIL 1936
� INHERENT COERCION (HOSTILE OR OVERLY NICE ATMOSPHERE) LEGAL UNTIL 1944
� PSYCHOLOGICAL MANIPULATION LEGAL UNTIL 1954
MIRANDA
� BACKGROUND
� POLICE INTERROGATION �INHERENTLY COERCIVE� (U.S. SUPREME COURT IN 1966)
POLICE MUST WARN SUSPECTS OF THEIR RIGHTS IF:
� UNDER ARREST
� BY POLICE
� ABOUT TO BE QUESTIONED
� ABOUT THE CRIME FOR WHICH THEY�RE ARRESTED
THE MIRANDA WARNING
� THE RIGHT TO REMAIN SILENT
� THE RIGHT NOT TO INCRIMINATE YOURSELF
� THE RIGHT TO AN ATTORNEY
� EVEN IF YOU CAN�T AFFORD AN ATTORNEY
THE WAIVING OF MIRANDA RIGHTS
� KNOWING AND INTELLIGENT WAIVER REQUIRED
� IMPLIED WAIVER OK
EXCEPTIONS TO MIRANDA
� MIRANDA AND INEVITABLE DISCOVERY
THE CHRISTIAN BURIAL SPEECH
� MIRANDA AND PUBLIC SAFETY
THE EMPTY HOLSTER STORY