Phone: 1-888-572-7775

www.bleausa.org
405 Tarrytown Rd #1318
White Plains, NY 10607
Blacks in Law Enforcement of
America
As Black Law Enforcement
Professionals our mission is
to uphold the laws of New
York State. However, as natu-
ral leaders it is our moral,
ethical and human duty to
reach and teach our families
and youth by providing in-
creased involvement and sup-
port to them, thereby enrich-
ing their lives and enhancing
our community.
Blacks in Law Enforcement of
America
Tel: 1-888-572-7775
The New York Chapter of the Blacks
in Law Enforcement of America
mission is to uphold the laws of the
State of New York. However, as
natural leaders it is our moral,
ethical and human duty to reach and
teach our families and youth by
providing increased involvement and
support to them, thereby enriching
their lives and enhancing our
community
Know Your Rights
The Fourth
Amendment

A Citizens Plan of
Action
Blacks In Law
Enforcement For
Community Uplift




How much information do police officers need to establish that
"probable cause" for a search warrant exists?

The Fourth Amendment doesn't define "probable cause." Its meaning
remains fuzzy. What is clear is that after 200 years of court interpreta-
tions, the affidavits submitted by police officers to judges have to
identify objectively suspicious activities rather than simply recite the
officer's subjective beliefs. The affidavits also have to establish more
than a "suspicion" that criminal activity is afoot, but do not have to
show "proof beyond a reasonable doubt."

In general, when deciding whether to issue a search warrant, a judicial
officer will likely consider information in an affidavit reliable if it
comes from any of these sources:

a confidential police informant whose past reliability has bee
established or who has firsthand knowledge of illegal actions
an informant who implicates herself as well as the suspect
an informant whose information appears to be correct after at
least partial verification by the police
a victim of a crime related to the search
a witness to the crime related to the search or another police
officer




If a police officer knocks at YOUR door and
asks to enter YOUR dwelling, do YOU have
to allow the officer in without first seeing a
warrant?


Technically NO, as a citizen its your right to ask to see a warrant. A
person can demand to see a warrant, and unless the officer has one can
refuse the officer entry. However, people sometimes run into trouble
when they "stand on their rights" and demand to see a warrant. A
warrant is not always legally necessary, and a police officer may have
information of which a person is unaware that allows the officer to
conduct a warrantless search or make a warrantless arrest.

What do YOU do if the Officer continues with the search?

If an officer announces an intention to go ahead without one, a person
should not risk injury or a separate charge of "interfering with a police
officer." A person should stand aside, let the officer proceed and allow
a court to decide later whether the officer's actions were proper. At the
same time, the person should make it clear that he or she does not
consent to the search. If the police are not in a frenzied hurry, an indi-
vidual might ask the police officer to sign a piece of paper acknowl-
edging that "this search is conducted without the consent of ." Oth-
erwise, an individual might yell, "I do not consent to this search!" loud
enough for others (potential witnesses if the matter comes before a
judge) to overhear.









Our organization is committed to the advocacy or law enforcement and
policy and procedures as it relates to the communities we serve. As natural
leaders it is our moral, ethical and human duty to reach and teach our fami-
lies and youth by providing increased involvement and support to them,
thereby enriching their lives and enhancing our community.

This pamphlet is meant to provide you with information to help you deter-
mine if your rights have been violated by the police. You should not use
this pamphlet as a legal document. If you feel your rights have been violat-
ed, you should seek legal counsel immediately.

The Fourth Amendment to the U.S. Constitution
places limits on the power of the police to make ar-
rests; search people and their property; and seize ob-
jects, documents and contraband (such as illegal drugs
or weapons). These limits are the bedrock of "search
and seizure law."


Most Americans understand that police officers sometimes need a warrant
to search for information believed to be related to criminal activity. They
may also be aware that, according to the exclusionary rule, evidence gained
in an illegal search cannot be used to convict someone of a crime. However,
in many circumstances the police do not need a warrant for a search, or for
the evidence gained from a search, to be legal and used in court.


What is a search warrant?

A search warrant is an order signed by a judge who authorizes police offic-
ers to search for specific objects or materials at a definite location at a spec-
ified time. For example, a warrant may authorize the search of "the premis-
es at 072768 Freeman Ave. between the hours of 9 A.M. to 6 P.M.," and
direct the police to search for and seize "cash, betting slips, record books
and every other means used in connection with placing bets on sports
games."

How do police officers obtain search warrants?




Police officers obtain warrants by providing a judge or magistrate with
information that the officers have gathered. Usually, the police provide the
information in the form of written statements under oath, called
"affidavits, If the magistrate believes that an affidavit establishes
"probable cause" to conduct a search, he or she will issue a warrant. The
suspect, who may be connected with the place to be searched, is not present
when the warrant issues and therefore cannot contest the issue of probable
cause before the magistrate signs the warrant. However, the suspect can
later challenge the validity of the warrant with a pretrial motion.





Do the police have the right to stop and frisk YOU?

The Supreme Court has ruled in 1968 (Terry v. Ohio, 392 U.S. 1, 88 S.
Ct. 1868, 20 L. Ed. 2d 889) If the facts and circumstances are sufficient
for the police to reasonably suspect that you are engaging in a criminal
activity and that you may be armed and dangerous. Then they may stop
you briefly to frisk you for weapons. After Terry this type of police en-
counter became known as a "Terry stop" or an "investigatory detention.

What if the Officer asked to search YOU?

If a police officer asks your permission to search, you are under no obli-
gation to consent. The only reason he's asking you is because he doesn't
have enough evidence to search without your consent. If you consent to a
search request you give up one of the most important constitutional rights
you haveyour Fourth Amendment protection against unreasonable
searches and seizures.


To protect yourself, make it clear that you "don't consent to a search" and
ask why they are searching you. Remember the reason they give you. If
they claim to have a warrant, ask to see it.

Whether or not they have a warrant, you can protect your CONSTITU-
TIONAL RIGHTS by making it clear that you do not consent to a search.



What if YOU are stopped in YOUR car?




Always keep any private items that you don't want others to see out of
sight. Legally speaking, police do not need a search warrant in order to
confiscate any illegal items that are in plain view. If the officer saw you
throw an empty beer can out the window that may be sufficient probable
cause to search your car. If the officer "thinks" he smells marijuana as he
approaches the car, he then may use that as probable cause to search you
car.

AGAIN if, for any reason you don't want the officer digging through
your belongings, you should refuse to consent by saying something like,
"Officer, I know you want to do your job, but I do not consent to any
searches of my private property." If you are ordered out of your car, lock
the door behind you.

As a citizen of the United States you are protected by the Constitution. If
you feel your rights have been violated you must have a Plan of Action
for resolution. (Read our pamphlet How do you react When Questioned
by the Police-Citizens Plan of Action)







Blacks In Law Enforcement of
America