Special Needs Searches
Beyond Criminal Law Enforcement Searches
The U.S. Supreme Court has applied the Fourth Amendment to a wide range of
searches that go beyond criminal law enforcement to meet special needs.
Special needs searches need no
The Nature of Confessions
Defendants confess or make incriminating statements in four different
1. They confess to friends and associates, who report these
statements to officials.
2. They confess during plea bargaining or while pleading guilty
BUT, the exclusionary rule, mandating courts to ban the introduction of
good evidence obtained by bad law enforcement is mostly
found in the United States.
The Exclusionary Rule
Bad methods refers to police actions that violate any of five
Seizure of Persons: Arrest
Arrests are More Intrusive than Stops
Arrests, like stops, are Fourth Amendment seizures, but, they are more invasive and
require a higher objective basis to make them reasonable. They differ from stops in a
Stop and Frisk
The Power to Stop
The power to stop and question suspicious persons is ancient, but it was questioned
during the due process revolution of the 1960s.
Some people argued that outsiders needed protection from police
and their ri
Searches for Evidence
Searches and Crime Control
Crime control couldnt survive without searches.
The Fourth Amendment balances the need for searches against the
invasion of individuals right to privacy.
The right against unreasonable search
The Definition of Searches and Seizures
Crime Control in a Constitutional Democracy
Crime control in a constitutional democracy depends on information, most of which
comes from what police see and hear.
Sometimes, police need information from
Who determines the uitimate legitimacy of a request for an arrest warrant?
a. The chief of police
b. The officer making the arrest
c. The district attorney
A neutrai magistrate
In w ich of the following situations have the c
Reliability is the Linchpin
For identification evidence to be dismissed on due process grounds,
defendants have to prove two elements by a preponderance of
1. The procedure used to identify was unnecessarily and