Ann Marie Perez Professor CRIMINAL PROCEDURE WEEK 1 - UNIT 1

Rules for Class If there is any reason that you will not be able to complete your assignments, please me to let me know. My address is: alampariello- The class week runs from Wednesday to Tuesday. The weekly seminar is Tuesday night (the first day of the week) at 9p E.T. (8p C.S.T.).

Grading I will post grades by Wednesday midnight unless there is a writing assignment. Writing assignment grades are posted one week after the due date at the latest - usually within 5 days. For example, if the writing assignment is due on August 5th (because the week closes that Tuesday night), the grades for writing assignments should be posted by August 13th. This way, it gives me about a week to read them and grade them.

Posting As a student here at Kaplan, you are required to post a response to each DISCUSSION board question. You are also required to post a response to a classmate’s DISCUSSION board posting. If you miss a seminar, you are required to complete the alternate assignment.

My Posts I will respond to the postings during the week. Do not worry if I do not respond to your entry. It does not mean that your posting was wrong or insignificant. Many times I find that student interaction really assists the learning process. I love to see students engaging each other. If you post on Tuesday night, I may not have a chance to comment on your entry. Please do not feel slighted in any way.

Seminars We have a seminar scheduled for every Tuesday except for Weeks 5 & 10. These weeks are mid-term week and wrap up/catch up week…it is the last week of the term. You need to show up and participate to obtain credit. Does everyone know how to get into seminar class? We have a seminar scheduled for every Tuesday except for Weeks 5 & 10. These weeks are mid-term week and wrap up/catch up week…it is the last week of the term. You need to show up and participate to obtain credit. Does everyone know how to get into seminar class?

Writing Assignments A writing assignment demonstrates that you have learned and understood the materials. Your job is to demonstrate to me that you have read, digested, learned, and understood the course materials. This should not be a paper you could have written before you started this course. It must demonstrate your learning of the current materials. Don’t simply “shoot from the hip”. There are documents posted in the DOC SHARING tab that assists you further with writing assignments. There are writing assignments in Units 2, 4, 9 (this is a powerpoint presentation).

Week 1 Seminar Question: The Fourth Amendment of the United States Constitution provides : 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. We will discuss what constitutes a search under the Fourth Amendment as well as exceptions to the Fourth Amendment warrant requirement that have been created by the courts. You should review pages 58 to 67 in Chapter 2.

WARRANT CLAUSE Let’s start with the second clause, the “warrant clause.” “..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.” How can we define probable cause? (p. 68- Probable Cause is an objective test that requires the facts to be such as would warrant a belief by a reasonable person that criminal conduct has occurred or is about to occur) I wanted to start with the warrant clause because if a warrant is issued the burden on the state to establish probable cause for an arrest or search is lessened. Why? (issued by neutral magistrate; not relying upon hurried actions of law enforcement) However, most arrests occur without a warrant and sometimes without probable cause. This brings us to that first clause of the Fourth Amendment.

REASONABLENESS CLAUSE The “reasonableness clause” states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” (This section will apply to warrantless searches and seizures). Can you tell me how best we can define “reasonableness?” (Sensible, rational, justifiable) One consideration is whether a person’s reasonable expectation of privacy has been violated by the government.

The Constitution was established in large part, to limit the power of government and its agents. The essence of our democratic form of government is to prevent government from being unnecessarily involved in our lives. Time and again case law has found that we all possess a reasonable expectation of privacy. The fourth amendment protects all of us from unreasonable government intrusion into our personal lives. The Fourth Amendment states that we each have a right to be “secure” in our persons, houses, papers, and effects.” This is the right to privacy; not from our neighbor, but from our government. Who can tell me what the Expectation of Privacy zone is? (zone of Constitutional protection that surrounds a person and moves with that person wherever he or she travels) RIGHT TO PRIVACY………………..

The Exclusionary rule is Judge-made case law declared by the Supreme Court to prevent police or government misconduct. It prohibits evidence obtained in violation of a person’s constitutional rights from being admissible in court. Essentially, it expresses the Court’s unwillingness to support an unlawful act by an overzealous officer who breaks the law in a misguided effort to enforce the law. What is the name of the case and the year that the Exclusionary Rule was established? (Weeks v. US 1914) What is the name of the case and the year that the Exclusionary Rule was applied to the states? (Mapp v. Ohio, 1961) EXCLUSIONARY RULE

Civil Suit There are exceptions to the Exclusionary Rule. In other words, there are situations that allow evidence that was obtained in violation of the fourth amendment to be admitted into evidence, anyway. You don’t learn them in this course. Inevitable Discovery doctrine, Valid Independent Source Rule, Good Faith exception What other ways, besides the exclusionary Rule, can one prevent unreasonable searches & seizures?

To Do …week 1: Read Chapters 1 & 2 of the E-book Attend this seminar Respond to the Discussion Board Question Take the quiz

????????Questions????????? Do you have any questions? We are here to get through this together. Please ask - no question is too insignificant. And, good luck !

The End! This concludes the first seminar presentation… I will be available for questions or just to chat.