CJ227: Criminal Procedure Unit 4 Seminar Patrick Coughlin

CJ227: Criminal Procedure Unit 4 Seminar Judge Charles Burns

Week 3 Wrap Up Media In the Courtroom Change of Venue

Unit 4 Requirements Quiz Discussion Board Chapters 7 & 8 – online material Seminar Paper

4 th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Motion to Suppress Evidence Why is the 4 th Amendment so Important? Exclusionary Rule Mapp v. Ohio

Standing Carl Crook and Ted Thief rob a bank together. The police start kicking in doors in the neighborhood and by luck, they find the stolen bank money and gun used in Crook’s apartment. The police charge Ted Thief as being an accomplice in the robbery. Can Ted Thief suppress the evidence?

Standing Your friend picks you up for a night out on the town in his car. The police stop the car for no reason and start searching it without consent. They find 5 guns and a kilo of cocaine in the trunk of the car and they charge you with the items. Can you have the items suppressed?

Motion to Suppress Need an expectation of privacy in the area searched A co-defendant’s apartment – 4 th amendment is a personal right – can’t claim a violation of a someone else’s right A friend’s car – Supreme Court says yes- passenger is also seized, therefore has standing to contest search and seizure Arizona v. Johnson

No Expectation of Privacy then not a “Search” You are standing on the corner selling cocaine. You see the police coming down the street so you drop the bag with your supply of cocaine and start walking away hoping the police did not see you drop the bag. The police pick up the bag from the ground and find the cocaine. Can you suppress the cocaine?

No Expectation of Privacy then not a “Search” Items in Plain view Trash at the curb Dog searches- Dog sniff is not a search People v. Caballes

Motion to Suppress judge police actions Police stop a person based on a tip of criminal activity. What is the basis of the tipster’s knowledge? Did the police have Reasonable and articulable suspicion? Observations and experience of officer Answer will be decided in a Motion to Suppress.

Motion to Suppress judge police actions Police frisk someone for weapons during a traffic stop. Did the police have reason to believe that the person was armed or have a fear of their safety? Answer will be decided in a Motion to Suppress.

5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

5 th Amendment Double Jeopardy Right against self incrimination Right to Remain Silent

5 th Amendment Police arrest someone and force him to stand in a lineup – does this violate the right against self incrimination? Fingerprinting? DNA Sample? Writing Sample?

6 th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Right to Counsel At Common Law in England, Only had right to Jury for Misdemeanors and not for Felonies. Why do you think this was the case?

Sixth Amendment “In all criminal prosecutions the accused shall enjoy the … Assistance of Counsel for his defense. What if Defendant could not afford attorney? Prior to trial or counsel only at trial? Initiation of adverse criminal proceedings

Sixth Amendment 1932 – U.S. Supreme Court ruled that in a capital case, where the accused is unable to employ counsel and is incapable of making his own defense, it is the duty of the court to assign counsel. (Powell v. Alabama) Reasons given by the Court?

Gideon v. Wainwright (1963) Gideon was charged with breaking into a pool hall in Florida. The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.

Sixth Amendment 1972 – U.S. Supreme Court extends right to counsel to all cases where jail is punishment “absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor or felony, unless he is represented by counsel at trial”

Sixth Amendment Defendant may waive right to counsel What is the test used to determine if defendant can waive his or her right to counsel? Faretta Hearing Standby Counsel

Sixth Amendment When Does right apply? Critical Stage test

Unit 5 – Midterm Week Midterm Exam NO Quiz or Seminar next week