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You may recall the reports about NSA’s surveillance programs collecting vast amounts of personal data.Ĭongress has passed statutory provisions governing wiretaps, in Title III of the Omnibus Crime Control and Safe Streets Act of 1968. Wiretappingįirst, what is a wiretap? Put simply, it is the act of using a listening device to conduct surveillance.
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The court also affords quite robust protection when an accused expresses a desire for an attorney-barring the government from re-initiating interrogation for 14 days. The court is wary of police officers using tactics to diminish the effectiveness of Miranda warnings-striking down a deliberate practice where police Mirandized the accused immediately after she confessed, and then asked for the confession again. If the government fails to properly Mirandize, the individual’s testimonial evidence is excluded. This warning must be given when the individual is in custody and is interrogated by a known government agent. Arizona and based in the Fifth Amendment, this procedural safeguard notifies an individual of his or her rights to remain silent and have an attorney, and provides an opportunity to waive or invoke these rights. The Miranda warning is a staple of police and detective shows. If a court finds a Fourth Amendment violation due to an unreasonable search, all evidence must be suppressed, as it is branded “fruit of the poisonous tree.” Miranda rights These requirements impose a check on arbitrary decisions by introducing a neutral arbiter-a judge-to review the evidence, unless there is an emergency situation – such as the hot pursuit of a fleeing suspect or an imminent threat to safety. Once there is a Fourth Amendment search, the next step is to determine (1) if there is probable cause for the search and (2) if there is a warrant, or if the warrant is excused. The Court tends to draw on social norms and assumptions of risk to make these determinations.
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There is no reasonable expectation of privacy in the information you voluntarily share with your bank or phone carrier, in garbage that you throw onto the public street, in the contents of your luggage searched by a dog sniff, etc. The Supreme Court has found a reasonable expectation of privacy in the “curtilage” of the home (such as the surrounding areas like the front porch or patio), in the collection of bulk location data from a cellphone carrier, etc. The general principle is “reasonable expectation of privacy”-there is a Fourth Amendment search if there is an intrusion on a subjective expectation of privacy, which society recognizes as reasonable. Of course, other situations present a closer call. The most straightforward application occurs in the “sacred home.” Police officers cannot enter your house without a warrant that is issued by a judge and based on probable cause.
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Constitution protects individuals from unreasonable searches and seizures. In this article I give an overview of the former, discussing three topics that I found to be most important and interesting. This area implicates issues including privacy, race relations, socioeconomic status, technology, and more, many of which come up in our daily interactions with government officials and in our use of technological devices.Īt my school, criminal procedure is divided into investigation and adjudication. Criminal procedure is a popular law school course.