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tÉlÉcharger criminal procedure joel samaha 8th edition pdf

Criminal Procedure
8th Edition
Joel Samaha
Wadsworth Publishing
The Definition of Searches
and Seizures
Chapter 3
Crime Control in a
Constitutional Democracy
Crime control in a constitutional democracy
depends on information, most of which
comes from what police see and hear.
Sometimes, police need information from
reluctant sources, such as:




Criminals
Suspects
Victims
Witnesses
Getting Information
Sometimes, law enforcement must rely on
involuntary methods to get information:




Searches
Seizures
Interrogation
Identification Procedures
These methods are limited by the Fourth
Amendment, the Fifth Amendment, and by
the right to due process.
Beyond Crime Control
Some searches and
seizures go beyond the
purpose of crime
control.



These special
needs searches were
implemented to:


Protect officers from
armed suspects
Protect the property
of detained suspects
from loss or damage
Protect officials from
lawsuits
Detect drug use
among students and
public employees
Prevent drunk driving
The History and Purposes of
the Fourth Amendment
Search and seizure law existed before the
adoption of the Fourth Amendment. Original
laws targeted sedition and tax evasion.
The authors of the Fourth Amendment
aimed to limit the power of law enforcement
to infringe “unreasonably” on two values at
the heart of a free society: liberty and
privacy.
Analyzing Fourth
Amendment Issues
Three questions must be addressed when
analyzing Fourth Amendment issues:
1.
2.
3.
Was the law enforcement action a search or a
seizure? [If it wasn’t, the Fourth Amendment
isn’t involved, and the analysis ends.]
If the action was a search or a seizure, was it
reasonable? [If it was, the inquiry ends because
the Fourth Amendment only bans unreasonable
searches and seizures.]
If the action was an unreasonable search, does
the Fourth Amendment ban its use as evidence?
History and Purpose of the
Fourth Amendment
The Fourth Amendment was created to make sure the
government does not use illegal methods to get
evidence.
But, the 4th Amendment was not aimed at crippling
law enforcement; it was aimed only at limiting that
power enough so as not to infringe “unreasonably”
on two other values at the heart of a free society:
Liberty (the right to come and go as we please); and
Privacy (the right to be left alone by the government).
Searches and the Trespass
Doctrine
Until 1967, the U.S. Supreme Court defined