Did police question defendant while he was in pain? (Chavez) Was D never charged with a crime/statements elicited never used but subjected to police brutality? Can bring a 1983 action (Chavez) POLICY CONSIDERATIONS Criminal Justice System: goals Control/prevent crime Ascertain Justice balanced with integrity of LE Factual accuracy Protecting individual rights Equality under the law Contradictions in the doctrine Greenwood (garbage), Miller (bank records) and (pen register): how is there no reasonable expectation of privacy when there is no viable alternative? Warrant requirement Freeze the record Hindsight bias: prevent ex-post manipulation of the fact-finding process Why have exceptions? Would hamper effective LE if always required Sometimes a lesser intrusion on rights to search them there without warrant than to lock them up for 24 hours Worry over staleness: get a warrant and can’t find them before it expires History: felony arrest historically allowed without a warrant (as long as there is P.C.) Balancing needs of law enforcement and intrusion on the defendant’s privacy Two lines of reasoning in warrant exceptions Totality of the circumstances Olson Chimel Bright line rules Watson Rabinowitz Why have a car exception? Mobility Lower expectation of privacy in something to regulated In and out of the public sphere Race and profiling Pro: victim descriptions Cons: inefficient, moral objections, stereotypes How to use: avoid generalities and predictions Reasons for allowing administrative searches Less than if a cop searching? No, could use as pretext “scary” Not to use fruits in criminal prosecution? No, as long as the search is valid, can use the fruits (Sitz) Why not allow coerced confessions? Concern of confessions Prevent unfairness
Did police question defendant while he was in pain? (Chavez) Was D never charged with a crime/statements elicited never used but subjected to police brutality? Can bring a 1983 action (Chavez) POLICY CONSIDERATIONS Criminal Justice System: goals Control/prevent crime Ascertain Justice balanced with integrity of LE Factual accuracy Protecting individual rights Equality under the law Contradictions in the doctrine Greenwood (garbage), Miller (bank records) and (pen register): how is there no reasonable expectation of privacy when there is no viable alternative? Warrant requirement Freeze the record Hindsight bias: prevent ex-post manipulation of the fact-finding process Why have exceptions? Would hamper effective LE if always required Sometimes a lesser intrusion on rights to search them there without warrant than to lock them up for 24 hours Worry over staleness: get a warrant and can’t find them before it expires History: felony arrest historically allowed without a warrant (as long as there is P.C.) Balancing needs of law enforcement and intrusion on the defendant’s privacy Two lines of reasoning in warrant exceptions Totality of the circumstances Olson Chimel Bright line rules Watson Rabinowitz Why have a car exception? Mobility Lower expectation of privacy in something to regulated In and out of the public sphere Race and profiling Pro: victim descriptions Cons: inefficient, moral objections, stereotypes How to use: avoid generalities and predictions Reasons for allowing administrative searches Less “scary” than if a cop searching? No, could use as pretext Not to use fruits in criminal prosecution? No, as long as the search is valid, can use the fruits (Sitz) Why not allow coerced confessions? Concern of confessions Prevent unfairness