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Exceptions Lecture to Warrant Requirement
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Exigent Circumstances Immediate threat to public safety or risk that evidence will be destroyed (including Hot Pursuit) Kentucky v. King supreme court said it's okay even if police create the exigency... someone is fleeing and enter apartment building and police outside smell marijuana and hear shuffling and they try to go in but no one answers then they go in without being let in and the evidence is admissible in court Admissible in court= seized correctly so it can be used as evidence Motion to dismiss= motion to not use evidence in court so jury doesn't see it Plain View Doctrine Officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be (pg. 169) (1) Officer already has lawful presence (2) Item is observed in plain view (3) Officer immediately recognizes the item as evidence or contraband (=probable cause, text wrong: pg. 169) without making further intrusions Automobile Searches Cars are special; they are mobile Three doctrines allowing searches without a warrant: (1) Carroll (1925): reasonable suspicion that vehicle contains contraband (2) Incident to arrest: Belton (partly overruled by Arizona Gant) v. (3) Inventory Searches of lawfully impounded cars Checkpoints 1. Sobriety Checkpoints: Random checkpoints to catch drunk drivers Supreme Court: "substantial government interest" Impact on drivers' rights negligible 2. Border Searches Consent 1. If people consent to a search, officers do not need probable cause or any other level of suspicion
2. Police do not have to inform people about their right to say "no" 3. Requirements: Consent must be voluntary People who consents must have authority to waive the right Probationers/Parolees Police and Constitutional Law Part II Evidence obtained by Questioning A. Stop and Question B. Miranda Why is Miranda so important? Confessions of guilt have been considered best evidence available Suspect is most vulnerable at first contact with police Right against selfincrimination needs to be protected Miranda Protection against selfincrimination is incorporated into Fifth Amendment: "No person...shall be compelled in any criminal case to be a witness against himself..." Until end of 19th century no mechanism for enforcement Supreme Court: Proper safeguards are necessary to remind suspects of his right Howes v. Fields (2/21/12) If you are in jail you are not in custody
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