Police Action and the Rule of Law

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Police Action and the Rule of Law

• Balance between law and order
• Exclusionary rule
• Review of searches

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Searches
The poorest man may in his cottage bid defiance
to all the forces of the crown. It may be frail
its roof may shake the wind may blow through it
the storm may enter the rain may enter but
the King of England may not enter all his force
dares not cross the threshold of the ruined
tenement (without a lawful warrant). Earl of
Chatham, about 1764
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Searches With Warrants
Particularity
Reasonableness depends on
Probable Cause
Affidavit
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Searches With Warrants
Probable cause to search
Amount of facts and circumstances that would
lead a reasonable officer to believe that the
places or persons searched will yield the items
or persons named in the search warrant.
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Searches With Warrants
Particularity of the Warrant
Specific degree to which a warrant describes the
places and persons to be searched, and things or
persons to be seized.
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Warrantless Searches
Warrantless searches must pass the balancing
test of reasonableness. Some kinds of
warrantless search are

• Searches accompanying arrests
• Search of vehicles
• Plain-view searches
• Consent searches
• Stops and frisks
• Hot pursuit

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Fourth Amendment Analysis
Search by government?
Police good faith?
Search Valid
Warrant Exception? Incident to arrest Auto
search Plain view Consent Stop frisk Hot
pursuit/evanescent evidence
Reasonably expect privacy?
No?
No?
Was there a warrant?
Was warrant proper and executed right?
Search Valid
Search Valid
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Fifth Amendment Right Against Self-Incrimination

• Self-Incrimination
• Miranda (1966)
• Two cornerstones
• Custody
• Interrogation
• Public Safety Exception NY v. Quarles 1984

I should have paid attention in Yates class
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Balancing Test of Reasonableness
A test of reasonableness in which courts look at
the facts of each case in order to balance the
interests of the government in enforcing the
criminal law and of individuals in maintaining
their privacy.