Lesson 4.2 Rights of the Accused

​C – 4.1.2 Using the Fourth, Fifth, Sixth, and Eighth Amendments, describe the rights of the accused; using court cases and examples, describe the limit and scope of these rights.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Search and Seizure

A search can mean everything from … a blood test to a search of an individual’s home or car. 

A seizure occurs when the government takes control of an individual or something in his or her possession.

• Based on probable cause 

  • a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place to be searched (for a search)

• Supported by oath

  • the officer promises the information provided is true

• Describe the exact place to be searched.

• Describe what evidence they will be searching for. 

​Warrant Requirements

• Search incident to a lawful arrest

• Consent

• Plain view

​

​Exceptions to the Warrant Requirement

• Stop and frisk rule

• Automobile exception

• Exigent circumstances

​

​Exceptions to the Warrant Requirement

The Exclusionary Rule

​The exclusionary rule dictates that evidence seized illegally by a government agent is inadmissible at trial. The rationale behind this rule is deterrence. The idea is that if the evidence is excluded at trial it will force government agents to follow the law and will deter them from violating the Fourth Amendment.

In 1914, the Supreme Court established the 'exclusionary rule' when it held in Weeks v. United States that the federal government could not rely on illegally seized evidence to obtain criminal convictions in federal court. The ruling in Weeks, however, was limited to the federal government. That changed with the Supreme Court's landmark 1961 decision in Mapp v. Ohio.