Investigation

Criminal prosecutions officially begin with an arrest. However, even before the arrest, the law protects the defendant against unconstitutional police tactics.

The Fourth Amendment protects persons against unreasonable searches and seizures by law enforcement officers. Generally, a search warrant is required before an officer may search a person or place. This general requirement is waived for many searches and seizures, including a search incident to a lawful arrest, a seizure of items in plain view, a search of an automobile, a search consented to by the suspect, a search after a hot pursuit, and a search in emergency circumstances.

When an officer seeks a search warrant, the officer must present evidence to a judge or magistrate. The evidence must be sufficient to establish probable cause that evidence of a crime will be found at the place to be searched. Probable cause is a level of belief beyond mere suspicion. Whether an officer can establish probable cause to obtain a search warrant depends on the facts of the case. For example, if an arrested person is discovered with a small amount of marijuana, this alone will not justify a search of the person's home. However, if the person is discovered with a large amount of marijuana, the quantity may support the suspicion that more marijuana may be found in the person's home, and the large amount may be used as the basis for obtaining a search warrant.

Police officers seeking a search warrant must state, under oath, the facts supporting probable cause. If the search warrant is later found to be lacking in probable cause, or if important statements made by the officers are found to have been intentionally misleading, the evidence seized may be excluded from trial. Also, if the search goes beyond the scope stated in the warrant, the evidence seized as a result of such actions may be excluded from trial. For example, if the warrant states that the officers may search only the suspect's apartment, they may not expand the search to a place outside the apartment.

The exclusionary rule protects the right to be free from unreasonable searches. This rule holds that evidence illegally obtained by police officers must be excluded from trial.

Without use of the evidence at trial, the case against the criminal may be dismissed. The exclusionary rule also prohibits the use of evidence obtained in violation of other constitutional rights.

For a warrantless search, the prosecution bears the burden of proving that the search was reasonable. These arguments are usually heard in a hearing held before trial.

4. Match the following English and Russian equivalents:

1) to protect	a) установить веские основания
2) after a hot pursuit	b) нарушение
3) a search warrant	c) бремя доказательств
4) evidence	d) незаконно
5) suspicion	e) улика, доказательство
6) to establish probable cause	f) защитить
7) to state under oath	g) быть исключенным из судебного процесса
8) misleading	h) ордер на обыск
9) illegally	i) подозрение
10) to be excluded from trial	j) поклясться под присягой
11) violation	k) дезинформирующий
12) burden of proving	l) по горячим следам

5. Supply the missing English words in the gaps using the list:

1. The law ___ the defendant ___ unconstitutional police tactics.

2. The Fourth Amendment protects persons against unreasonable ___ and ___ by law enforcement officers.

3. When an officer wants to get a search warrant, he must ___ to a judge.

4. Probable cause is ___ beyond mere suspicion.

5. The exclusionary rule ___ the use of evidence obtained in ___ of constitutional rights.

(a level of belief, protects against, search and seizure, prohibits, present evidence, violation)

6. Translate the following sentences into Russian paying attention to the Infinitive.

1. The evidence must be sufficient to establish probable cause that it will be found at the place to be searched.

2. Whether an officer can establish probable cause to obtain a search warrant depends on the facts of the case.

3. If the search warrant is found to be lacking in probable cause or if important statements are found to have been intentionally misleading, the evidence may be excluded from trial.

4. The exclusionary rule protects the right to be free from unreasonable searches.

7. Arrange the sentences according to the logics of the text:

1. For a warrantless search the prosecution bears the burden of proving that the search was reasonable.

2. Police offices seeking a search warrant must state under oath the facts supporting probable cause.

3. Even before an arrest the law protects the defendant against uncon­stitutional police actions.

4. When an officer seeks a search warrant, the officer must present evidence to a judge.

5. The exclusionary rule prohibits the use of evidence obtained in violation of constitutional rights.

SPEAKING

Discussion:

9 Do you think that US citizens are totally protected against unreasonable search, seizures and arrest? Why?

Дата добавления: 2015-11-14