1. Criminal Procedure Week 2

2. U.S. CONSTITUTION PURPOSE WHICH GOVERNMENT IT REGULATES Bill of Rights

3. U.S. CONSTITUTION: DUE PROCESS BILL OF RIGHTS: LIMIT ON FEDERAL GOVERNMENT 14TH AMENDMENT:LIMIT ON STATE GOVERNMENT

4. INCORPORATION DOCTRINE RIGHTS ENUMERATED IN BILL OF RIGHTS ARE INCORPORATED INTO THE 14TH AMENDMENT CONCEPT OF DUE PROCESS AND THEREFORE APPLY TO STATES, EXCEPT FOR GRAND JURY AND BAIL

5. BILL OF RIGHTS AND CRIMINAL PROCEDURE 4TH AMEND: SEARCH AND SEIZURE 5TH AMEND: SELF- INCRIMINATION, DOUBLE JEOPARDY, GRAND JURY 6TH AMEND: COURT PROCESS 8TH AMEND: BAIL; CRUEL AND UNUSUAL PUNISHMENT

6. SUPREMACY CLAUSE WHERE CONFLICT BETWEEN FEDERAL AND STATE, U.S. CONSTITUTION IS SUPREME REMEMBER THAT 14TH AMENDMENT SETS MINIMUM STANDARD FOR POLICE

7. HYPOTEHTICALS 1. X a city police officer searches trunk of car for no reason. What laws are violated? 2. Y a security guard at K-mart stops a shopper because “he looked funny” and searches pockets. Finds marijuana. Can it be used in court?

8. HYPOTHETICALS U.S.Supreme Court says consent justifies a search. No prior advice of right to refuse is necessary. State X has a law that says after a traffic stop, police must advise person he has right to leave before asking for permission to search. In state X, police make traffic stop, write ticket and then ask for permission to search car. Driver says o.k. Police find drugs.

9. People v. Camacho Factual Dispute? Legal Issue/Question? Holding? Reasoning?

10. Fourth 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

11. EXCLUSIONARY RULE EVIDENCE OBTAINED IN VIOLATION OF CONSTITUTIONAL RIGHTS IS NOT ADMISSIBLE IN COURT (WITH SOME EXCEPTIONS) APPLIED TO STATES THROUGH 14TH IN CASE OF MAPP v.OHIO

12. EXCLUSIONARY RULE RESULTS FROM: ILLEGAL SEARCH ILLEGAL SEIZURE OR ARREST ILLEGAL QUESTIONING ILLEGAL DENIAL OF COUNSEL

13. FRUIT OF POISONOUS TREE EVIDENCE INDIRECTLY RESULTING FROM UNCONSTITUIONAL ACTIVITY IS ALSO INADMISSIBLE

14. GENERAL RULE REGARDING ADMISSIBILITY OF EVIDENCE AS LONG AS OFFICER IS IN A PLACE WHERE HE OR SHE HAS A RIGHT TO BE, DOING WHAT THEY HAVE A RIGHT TO DO, WHATEVER EVIDENCE IS FOUND, IS ADMISSIBLE

15. INVESTIGATION--SEARCH AND SEIZURE 4TH AMENDMENT PROHIBITS UNREASONABLE SEARCHES AND SEIZURES 4TH AMENDMENT DOES NOT REQUIRE WARRANT BUT DOES SET STANDARDS FOR THE ISSUANCE OF A WARRANT

16. SEARCH AND SEIZURE 4TH AMENDMENT IS INCORPORATED INTO THE 14TH AND THEREFORE APPLIES TO STATES

17. SEARCH AND SEIZURE CONSENTUAL ENCOUNTERS DETENTION ARREST PAT DOWN OR FRISK FULL SEARCH OF PERSON, HOME OR PROPERTY TAKING PROPERTY

18. PROBABLE CAUSE REQUIRED FOR MOST SEARCHES (BUT NOT ALL) REQUIRED FOR ALL WARRANTS REQUIRED FOR ALL ARRESTS

19. PROBABLE CAUSE--SEARCH A REASONABLE PERSON, UNDER THE SAME OR SIMILAR CIRCUMSTANCES WOULD BELIEVE THAT IF HE OR SHE SEARCHES THEY WILL FIND WHAT THEY ARE LOOKING FOR

20. PROBABLE CAUSE--ARREST A REASONABLE PERSON UNDER THE SAME OR SIMILAR CIRCUMSTANCES WOULD BELIEVE THAT THE PERSON TO BE ARRESTED HAS COMMITTED THE CRIME

21. FACTORS TO BE CONSIDERED OFFICER’S OBSERVATIONS FLIGHT FURTIVE CONDUCT PARTY’S STATEMENTS FALSE OR IMPLAUSIBLE ANSWERS ASSOC. OTHER KNOWN FELONS PAST CRIMINAL CONDUCT INFORMATION FROM THIRD PERSONS

22. OTHER MENTAL STATES HUNCH RATIONAL SUSPICION PREPONDERANCE OF EVIDENCE CLEAR AND CONVINCING EVIDENCE BEYOND A REASONABLE DOUBT BEYOND ALL DOUBT

23. ESTABLISHING PROBABLE CAUSE WARRANT: AFFIDAVIT IN SUPPORT OF WARRANT ESTABLISHES PROBABLE CAUSE NO WARRANT: IF QUESTIONED, OFFICER MUST JUSTIFY IN COURT THROUGH TESTIMONY

24. AFFIDAVIT STATEMENT UNDER PENALTY OF PERJURY, USUALLY IN WRITING MUST CONTAIN FACTS ESTABLISHING PROBABLE CAUSE CAN CONTAIN HEARSAY

25. INFORMANTS OFTEN FORM BASIS OR CONTRIBUTE TO ESTABLISHING PROBABLE CAUSE RELIABLE INFORMANTS UNTESTED INFORMANTS CONFIDENTIAL INFORMANTS ANONYMOUS TIPS

26. CONSENTUAL ENCOUNTERS CONTACT BETWEEN POLICE AND CITIZEN THAT IS NOT A SEIZURE OF PERSON UNDER 4TH AMEND. NOT A DETENTION

27. CONSENTUAL ENCOUNTERS CITIZEN IS –NOT OBLIGATED TO COOPERATE –FREE TO LEAVE –BELIEVES THEY ARE FREE TO LEAVE EXAMPLES –INFORMING RELATIVE OF DEATH –INTERVIEWING WITNESSES –CASUAL CONVERSATION

28. SITUATION MID-AFTERNOON, MIDDLE CLASS RESIDENTIAL AREA, POLICE SEE INDIVIDUAL WITH LONG HAIR, LONG BEARD, GRUBBY CLOTHES WALKING DOWN STREET. CAN THEY APPROACH FOR ANY REASON ASK FOR I.D. PAT DOWN TAKE IN FOR QUESTIONING

29. SITUATION 2 SAME SITUATION AS BEFORE, BUT POLICE HAVE RECEIVED CALLS FROM SEVERAL HOMEOWNERS THAT SOMEONE STRANGE IS IN NEIGHBORHOOD