Chapter 8

Summary:
The Fourth Amendment contains the protection against unreasonable searches and seizures and protects people’s homes, property, and effects.  The Fifth Amendment guards against self-incrimination and double jeopardy.  The Sixth Amendment guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections. Criminal justice professionals must conform their behavior to the rule of law as set forth not only in the U.S. Constitution, but also in the state constitutions, statutes enacted by state legislature, municipal ordinances, and the precedent of prior interpretations by the courts.  Under the Fourth Amendment, search and seizure, warrants, probable cause, The Exclusionary Rule, arrests, stop and frisks, searches of automobiles, plain-view and open-field services, consent, and electronic surveillance are included.  Several Supreme Court cases fall within the Fourth Amendment, including Mapp v. Ohio, Weeks v. United States, Chimel v. California, Terry v. Ohio, Minnesota v. Dickerson, Maryland v. Wilson, Carroll v. United States, and Katz v. United States. The Fifth Amendment includes the right to remain silent to protect against self-incrimination as well as Miranda warnings.  Lineups (a procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party, based on personal and physical characteristics; information obtained may be used later in court) also fall within the parameters of the Fifth Amendment.  The Sixth Amendment concerns the right to counsel and discusses three main cases: Powell v. Alabama, Gideon v. Wainwright, and Argesinger v. Hamlin.

Objectives:

• Outline the general protections enjoyed by citizens under the Fourth, Fifth, and Sixth Amendments
   
• Define and provide examples of probable cause
   
• Explain the rationale for, ramifications of, and exceptions to the exclusionary rule
   
• Distinguish between arrests and searches and seizures with and without a warrant
   
• Explain the rights of—and limitations on—the police with regard to searching a person’s home, immediate area, body,  and vehicle
   
• Discuss some significant ways in which the Miranda decision has been eroded
   
• Review what is meant by “stop and frisk”
   
• Explain generally to what extent the police may use electronic devices in order to obtain information from members of the public
   
• Describe what rights are held by criminal defendants regarding the right to counsel, for both felony and misdemeanor arrests

Outline:

• Fourth Amendment
   
  • In the Constitution, it contains the protection against unreasonable searches and seizures and protects people’s homes, property, and effects
     
• Fifth Amendment
   
  • In the Constitution, among other protections, it guards against self-incrimination and double jeopardy
     
• Sixth Amendment
   
  • In the Bill of Rights, it guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections
     
• Some Caveats
   
  • Criminal justice practitioners have far-reaching powers
     
  • Law is dynamic (constantly changing)
     
• The Fourth Amendment
   
  • Search and seizure
     
  • Warrants, arrest
     
  • Probable Cause
     
  • The Exclusionary Rule
     
  • Arrests With and Without a Warrant
     
  • Search and Seizure in General
     
  • Searches and Seizures With and Without a Warrant
     
  • Searches Incidental to Lawful Arrest
     
  • Stop and Frisk
     
  • Searches of Automobiles
     
  • Plain-View and Open-Field Searches
     
  • Consent to Search
     
  • Electronic Surveillance
     
• The Fifth Amendment
   
  • Application
     
  • Decisions Eroding Miranda
     
  • Lineups and Other Pretrial Identification Procedures
     
• The Sixth Amendment
   
  • Right to Counsel