Understanding Your Rights During a Vehicle Stop and Search: A Comprehensive Guide, Study notes of Criminal Law

Download Understanding Your Rights During a Vehicle Stop and Search: A Comprehensive Guide and more Study notes Criminal Law in PDF only on Docsity! Lesson: Automobiles Stop and Search I. Goals a. Introduce students to the automobile exception rule as it applies to the fourth amendment. b. Teach students what their rights are when pulled over in a vehicle by a police officer. c. For students to feel empowered by knowing their rights and to feel confident when interacting with the police. II. Objectives a. Knowledge objectives: As a result of this class, students will be better prepared to: i. Interact with the police if stopped while driving a vehicle. b. Skills objectives: As a result of this class, students will be better able to: i. Identify when a police officer does not need a warrant to conduct a search. ii. Refuse an inappropriate search of their vehicle. iii. Talk to the officer and to know the appropriate way to handle the situation. c. Attitude objectives: students should feel: i. More confident knowing what to do when pulled over by a police officer. ii. They are allowed to exercise their rights in difficult situations. III. Classroom Methods a. Introductory lecture: Review probable cause i. Entry Task: Ask students to answer the following question: 1. From last class, what did we learn about probable cause? 2. Give students a few minutes to write down their responses and then ask for a couple volunteers to share their answers. ii. Now give a basic review of probable cause: Basic Requirements of probable cause to ARREST: 1. Police need substantial, trustworthy evidence that: a. A violation of the law has been committed; and b. The person to be arrested committed the violation iii. Move into a review of probable cause to search: Basic Requirements of probable cause to SEARCH: 1. Police need substantial, trustworthy evidence that: a. The specific items are connected with criminal activity b. The items will be found in the place to be searched iv. Explain to class: There are certain situations when police are not required to have a warrant in order to conduct a search. Ask the class: When can a police offer conduct a search without a warrant? Now review Exceptions to warrants: 1. If they have probable cause, police can search if: a. Arrest b. Searches incident to arrest c. Consent d. Exigent circumstances e. Plain View f. Automobiles 2. Probable cause plus any of these situations equals a valid search b. Explain: Today we will be focusing on automobile searches and what to do in the event that you are pulled over. Docsity.com i. Explain: Police officers are allowed to search vehicles IF they have probable cause because it is not practicable to secure a warrant when the vehicle can be quickly moved and evidence can be lost. ii. The following steps should be followed if you are pulled over by the police: 1. As soon as you see the flashing lights or hear the siren, pull over to the right safely and quietly. a. Explain: Make sure you use your signal and slow down fairly quickly. Pull over as far right as possible so the officer is out of danger when approaching the vehicle 2. Roll down your window and turn off your car engine. Be calm, cool and wait for further instruction. a. If it is late or dark outside, you have the right to ask the officer to see the officer’s photo identification along with the officer’s badge. 3. Don’t give the officer an excuse to conduct a search on the vehicle. a. Remember, an officer can only search your vehicle if they have probable cause. Therefore, don’t give the officer any reason to think you are involved in any criminal activity. The officer will be watching you to see if there is any suspicious activity happening. b. If an officer has a reasonable suspicion that you are armed and dangerous, he or she can pat you down. c. If the officer does has probable cause they can search your car and objects belonging to passengers. d. Keep in mind a police officer can seize any illegal objects that are in your car in plain view. 4. The officer might ask you for your permission to search the vehicle. a. You do not need to consent to the search b. Refusing a request to search is not an admission of guilt and does not give the officer the legal right to detain you c. Most avoidable searches don’t occur because police have probable cause. They occur because people get tricked into consenting. d. If a police officer performs an illegal search, don’t try to physically stop the officer. You just need to verbally state that you do not consent to the search. A lawyer can use this information in a court of law to get any charges against you dropped. 5. A police officer has the right to insist that you and your passengers get out of the car when stopped for an alleged traffic violation. a. If asked to get out of your vehicle you should cooperate. b. However, most officers will ask you to remain in your vehicle. 6. Talking to the officer a. Be courteous and don’t try to give the officer excuses. Don’t give any attitude or act hostile to the officer. b. The 4th Amendment protects your right to refuse search requests but you must clearly state your refusal for the protection to legally apply Docsity.com