Instructional Goal
The United States Supreme Court has ruled that evidence gleaned during an illegal search or seizure of persons or property, and confessions illegally obtained by the means of a violation of an individual’s Constitutional rights, will not be admissible in a court of law. To ensure that evidence from searches, seizures, admissions, and confessions is admissible, law enforcement officers must follow the United States Constitution’s 4th, 5th, and 6th Amendment requirements related to these aspects of Criminal Procedure.
This course will provide an overview of these two areas of Criminal Procedure – search and seizure, and admissions and confessions. Students will learn about the principles, procedural requirements, Constitutional Law, statutory and case law, and the Maine Rules of Criminal Procedure relating to search and seizure, and admissions and confessions. Emphasis will be placed on the law enforcement officer’s legal responsibilities when conducting a search or seizure, and when obtaining admissions, confessions and statements. Discussion of due process, including reading an individual Mirandawarning, is also a focus.
Performance Objectives
X.X.1 Identify the requirements of the United States and Maine Constitutions and case law relative to searches and seizures.
X.X.2 Define the terms probable cause and search warrant.
X.X.3 Identify the search warrant requirement.
X.X.4 Identify the grounds for which a search warrant will be issued.
X.X.5 Identify proper procedures for obtaining a search warrant.
X.X.6 Identify two requisites of a request for a search warrant.
X.X.7 Identify four proper procedures when executing a search warrant.
X.X.8 Identify two proper procedures for searching premises with a warrant.
X.X.9 Identify two proper procedures to be followed after serving a search warrant.
X.X.10 Identify five exceptions to the search warrant requirement.
X.X.11 Identify the requirements of the U.S. and Maine Constitutions and case law relative to admissions and confessions.
X.X.12 Define admissions and confessions.
X.X.13 Identify the circumstances when persons must be advised of their Constitutional rights.
X.X.14 Identify proper procedures for protecting an individual’s Constitutional rights during a custodial interrogation.
X.X.15 Identify proper procedures for protecting an individual’s Constitutional rights during questioning.
X.X.16 Identify proper procedures for instructing an individual about the process for obtaining an attorney.
X.X.17 Identify criminal and civil liability for conducting an unlawful search and/or seizure or violating an individual’s Constitutional right against self-incrimination and the right to counsel.
X.X.18 Identify legal requirements related to the use of audio or video devices to record admissions and confessions.
