Criminal Procedure

Question 1

4th Amendment Searches

Answer 1

Under the 4th Amendment, a person is granted protection from unreasonable government searches. A search occurs when government conduct violates a person’s reasonable expectation of privacy. Absent an exception, a warrantless search performed by the government is unlawful.

Question 2

Miranda Analysis

Answer 2

When a person is in custody, the police MUST inform the person of her Miranda rights BEFORE subjecting her to a police interrogation. This includes informing the subject:

1. She has the right to remain silent;
2. Any statement she makes may be used against her in court;
3. She has the right to consult an attorney and to have the attorney present during questioning; AND
4. She has the right to have an attorney appointed if she cannot afford one.

Question 3

Terry Stop and Frisk

Answer 3

Law enforcement officers can stop an individual when the officer has a reasonable suspicion, based on articulable facts (i.e., more than a “hunch” - less than probable cause), to believe that the subject is or is about to be engaged in criminal activity.

During a Terry stop, an officer can frisk a subject for weapons without a warrant; however, the officer cannot initiate a search for evidence. I

f the frisk for weapons reveals objects whose shape makes their identity obvious (e.g., object is obviously contraband), the officer may seize those objects.

Question 4

Plain View

Answer 4

Law enforcement officers may seize evidence without a warrant if:

1. The officers are legally on the premises;
2. The evidence is observed (with any of the five senses) in plain view; AND
3. There is probable cause to believe the items are evidence of a crime or contraband.