Law School

Criminal Law Part Four: Power and the Fourth Amendment

Jan 8, 2026
Dive into the intricacies of the Fourth and Fifth Amendments as they explore the exclusionary rule's origins and its impact on judicial integrity. The discussion highlights the tensions between individual rights and law enforcement practices, dissecting landmark cases like Terry v. Ohio and the evolution of Miranda rights. Hear the contrasting rationales of moral integrity versus deterrence, and how empirical studies support public confidence in legal processes. It's a thought-provoking look at the balance of justice and government power!
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ADVICE

Keep Frisks Narrow

  • Limit frisks to outer-clothing patdowns aimed at discovering weapons and avoid reaching into pockets without feeling a weapon.
  • Seize non-weapon items only if their incriminating nature is immediately apparent by touch under plain-feel.
INSIGHT

Miranda's Bright-Line Protection

  • Miranda created a bright-line prophylactic rule: custodial interrogation requires warnings and a knowing waiver.
  • It replaced the vague voluntariness test to better prevent coerced confessions.
ADVICE

Determine Custody Objectively

  • To trigger Miranda, first establish custody objectively by asking if a reasonable person would feel free to leave.
  • Remember the officer's secret intent is irrelevant unless communicated to the suspect.
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