BUSTED: The Citizen's Guide to Surviving Police Encounters
45 min - Nov 30, 2006. How to exercise your constitutional rights during encounters with police.
- Fourth Amendment: 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.
- Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless he or she is onpresentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
- Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
- Plain View Doctrine: In the context of searches and seizures, the principle that provides that objects perceptible by an officer who is rightfully in a position to observe them can be seized without a Search Warrant and are admissible as evidence. The U.S. Supreme Court has developed and refined the plain view doctrine over time. In Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971), the Court ruled that the seizure of two automobiles in plain view during the arrest of the defendant, along with later findings of gunpowder, did not violate the defendant's Fourth Amendment rights (protection against unreasonable Search and Seizure). The Court also has drawn distinctions between searches and seizures in applying the plain view doctrine. In Arizona v. Hicks, 480 U.S. 321, 197 S.Ct. 1149, 94 L.Ed.2d 347 (1987), the Court held that no seizure occurred when a police officer called to the scene of a shooting incident recorded serial numbers of stereo equipment he observed in plain view, and which he believed had been stolen. Nevertheless, the officer's actions in moving the equipment to find the serial numbers constituted a search; the officer had a "reasonable suspicion" that the equipment had been stolen, but it was not supported by Probable Cause. (SOURCE: http://legal-dictionary.thefreedictionary.com/Plain+view+rule)
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