United States Constitution: Amendments 4 & 5

THE 4TH AMENDMENT

Of the 4th Amendment, Justice Louis Brandeis, in a dissenting opinion, wrote in Olmstead v United States (1928): The 4th Amendment guarantees the "right to be let alone--the most comprehensive of rights and the right most valued by civilized men." (Monk 2018, p.109)

Reasonable Searches and Seizures

• Probable cause.
• Suspect runs from the police.
• Sobriety checkpoints.
• Border crossings.
• Airport searches.
• Drug testing.
• In-school searches of students by school officials, but not by police.
• Consent searches.

The Warrant Clause

• Must have probable cause.
• Must be supported by an oath or affirmation.
• Must describe the place to be searched.
• Must describe the person or things to be searched.
• A warrant is not always necessary.

Exceptions to the Warrant Clause

• Incident to a lawful arrest.
• Evidence is in plain view.
• Hot pursuit.
• Automobiles.
• Emergency circumstances.

The Exclusionary Rule

• Until recently Illegally obtained evidence would be excluded from being admitted in a trial.
• Exceptions to this rule: 
  • Herring v United States (2009): Excluded only as a result of serious police misconduct.
  • Utah v Strieff (2016): Discovery of a valid warrant during the course of an illegal stop.

Court Ruled Reasonable Warrantless Search & Seizure

When ruling on Searches and Seizures, the Supreme Court "tends to rule on a case-by-case basis, balancing two competing values: protecting privacy and catching criminals." (Monk 2018, p.109)

• Terry v Ohio (1968): Search and seizure, such as a stop-and-frisk, is permitted in order to prevent crime.
• California v Ciraaolo (1986): Search warrant not required for aerial photography over 1000 feet.
• California v Greenwood (1988): Search warrant not required for trash parked on public streets. 
• Minnesota v Dickerson (1993): If a police officer detects contraband through their sense of touch in a pat down, the contraband can be seized and used as evidence.
• Minnesota v Carter (1998): Temporary guests do not enjoy 4th Amendment protection.
• Illinois v Wardlow (2000): A person running from the police justifies a stop-and-frisk search.

Court Ruled Unreasonable Warrantless Search & Seizure

• Katz v United States (1967); Police have to obtain a search warrant to wiretap a public pay phone. Established a two-part test:
  • an individual has exhibited an actual (subjective) expectation of privacy.
  • the expectation is one that society is prepared to recognize as reasonable.
• Bond v United States (2000): To search luggage in an overhead passenger compartment, a warrant is needed. The compartment is considered a private space.
• Florida v J.L. (2000): An anonymous tip is not enough for a warrantless pat down unless there are indications of a crime.
• Kyollo v United States (2001): A warrant must be obtained for the police to use a device, not available to the public, to explore contents inside of a house.
• United States v Jones (2012): A GPS device attached to a car must have a warrant.

• Brazil (1985)
• The Conversation (1974)
• Enemy of the State (1998)
• L.A. Confidential (1997)
• The Life of Others (2006)
• Minority Report (2002)
• A Scanner Darkly (2006)
• Snowden (2016)
• Training Day (2001)

THE 5TH AMENDMENT

Grand Jury Indictments

• The Grand Jury requirement of the 5th Amendment applies to Federal crimes only.
• The Grand Jury decides if the Prosecutor has enough evidence to prosecute a crime.
• Grand Jury proceedings are held in secret.
• A Judge does not preside over a Grand Jury.
• A Prosecutor directs the proceedings of a Grand Jury
• Usually a Grand Jury has 23 people on it.
• A local Grand Jury is appointed to serve a specific period of time.
• A Special Grand Jury can be called to consider just one case.
• Strict rules of evidence do not apply to a Grand Jury hearing.
• Evidence may be hearsay, illegal, probable cause and other evidence not allowed in a trial.
• The accused can attend a Grand Jury hearing
  • The accused cannot ask questions of a witness or present evidence.
  • The accused's attorney may not attend.
• A Grand Jury can indict based on probable cause. 
  • Unlike a trial jury, the Grand Jury does not have to decide "beyond a reasonable doubt."
• A Grand Jury can refuse to indict.
• States have their own comparable Grand Jury requirements or a preliminary hearing before a judge. 
  • At a Preliminary Hearing, both the Prosecutor and the Defense Attorney get to present their cases in open court.

Military Justice

• Covered under Article 1 Section 8 of the Constitution of the United States, Congress is responsible for rules and regulations applying to the armed forces.
• According to the Department of Defense, military personnel enjoy the same rights as the civilian populations within limits.
• Military Justice: See Military.com for overview of the Uniform Code of Military Justice.

Double Jeopardy 

• Applies to criminal cases, not civil lawsuits or administration proceedings.
• Benton v Maryland (1969): applied Double Jeopardy to the States.
• Reasons for the Double Jeopardy Clause (Green v United States 1957):
  • Endless prosecutions.
  • Toll on the Accused.
  • Public respect for the criminal justice system.
  • Limit Prosecutor's power.
  • Unduly harsh sentences.
• Exception: When someone exchanges immunity from prosecution, they give up their right to take the Fifth.

Self-Incrimination Privilege

Privilege: "a special benefit, exemption from a duty, or immunity from penalty, given to a particular person, a group or a class of people." Online Legal Dictionary.

• Confessions are allowed only if they are voluntary.
• Miranda v Arizona (1966): Supreme Court ruled that the accused has two rights:
  • The right to remain silent during police interrogation.
  • Informed that the suspect has the right to an attorney during interrogation.
  • The police have to inform the suspect of these rights before questioning begins.

Two Types of Legal Systems

1. Inquisition:
   • Guilty until proven innocent.
   • Accused may be forced to testify against themselves.
2. Accusation (the American System):
   • Innocent until proven guilty (beyond a reasonable doubt) before a jury of peers.
   • Prosecution must dig up evidence.

Other Legal Exemption Privileges

• Spousal Privilege: a spouse may not be forced testify against their spouse. This can be waived by the spouse.
• Attorney-client privilege: communication between an attorney-client.
• Clergy-communicant privilege: confidential communication between a minister and a person.
• Executive privilege: confidential communication between a President and an adviser.
• Physician-patient privilege: communication between a doctor and his patient.

Due Process

"Due Process of law means that the government must be fair in its actions...(it) must follow established rules and not act arbitrarily or unreasonably." (Monk 2018, p.138)

Two types of Due Process:

1. Procedural: "the way the law is carried must be fair." 
2. Substantive: "the laws must be fair." (Monk 2018, p.138)

• Bolling v Sharpe (1954): The Supreme Court ruled that the segregation of the Washington, D.C. school system violated the Due Process Clause of the 5th Amendment.

Just Compensation (Eminent Domain)

• The first part of the Bill of Rights to be applied to the States. Chicago, Burlington, & Quincy Railroad v Chicago (1897)
  • A Just Compensation case being the first of the Bill of Rights to apply to the States Indicates how important Property Rights are to Americans.
• Three Just Compensation issues:
  1. What action the Government is taking
  2. What purpose qualifies as public use
  3. How much compensation is just. This is usually considered "fair market value."