Criminal Procedure
Week 2
U.S. CONSTITUTION
• PURPOSE
• WHICH GOVERNMENT IT REGULATES
• Bill of Rights
U.S. CONSTITUTION: DUE
PROCESS
• BILL OF RIGHTS: LIMIT ON FEDERAL
GOVERNMENT
• 14TH AMENDMENT:
GOVERNMENT
LIMIT ON STATE
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
BILL OF RIGHTS AND
CRIMINAL PROCEDURE
• 4TH AMEND:
SEARCH AND
SEIZURE
• 6TH AMEND:
COURT PROCESS
• 8TH AMEND: BAIL;
• 5TH AMEND: SELFCRUEL AND
INCRIMINATION,
UNUSUAL
DOUBLE JEOPARDY,
PUNISHMENT
GRAND JURY
SUPREMACY CLAUSE
• WHERE CONFLICT BETWEEN
FEDERAL AND STATE, U.S.
CONSTITUTION IS SUPREME
• REMEMBER THAT 14TH AMENDMENT
SETS MINIMUM STANDARD FOR
POLICE
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?
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.
People v. Camacho
• Factual Dispute?
• Legal Issue/Question?
• Holding?
• Reasoning?
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
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
EXCLUSIONARY RULE
• RESULTS FROM:
• ILLEGAL SEARCH
• ILLEGAL SEIZURE OR ARREST
• ILLEGAL QUESTIONING
• ILLEGAL DENIAL OF COUNSEL
FRUIT OF POISONOUS TREE
• EVIDENCE INDIRECTLY RESULTING
FROM UNCONSTITUIONAL ACTIVITY IS
ALSO INADMISSIBLE
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
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
SEARCH AND SEIZURE
• 4TH AMENDMENT IS INCORPORATED
INTO THE 14TH AND THEREFORE
APPLIES TO STATES
SEARCH AND SEIZURE
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•
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•
CONSENTUAL ENCOUNTERS
DETENTION
ARREST
PAT DOWN OR FRISK
FULL SEARCH OF PERSON, HOME OR
PROPERTY
• TAKING PROPERTY
PROBABLE CAUSE
• REQUIRED FOR MOST SEARCHES
(BUT NOT ALL)
• REQUIRED FOR ALL WARRANTS
• REQUIRED FOR ALL ARRESTS
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
PROBABLE CAUSE--ARREST
• A REASONABLE PERSON UNDER THE
SAME OR SIMILAR CIRCUMSTANCES
WOULD BELIEVE THAT THE PERSON
TO BE ARRESTED HAS COMMITTED
THE CRIME
FACTORS TO BE
CONSIDERED
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OFFICER’S OBSERVATIONS
FLIGHT
FURTIVE CONDUCT
PARTY’S STATEMENTS
FALSE OR IMPLAUSIBLE ANSWERS
ASSOC. OTHER KNOWN FELONS
PAST CRIMINAL CONDUCT
INFORMATION FROM THIRD PERSONS
OTHER MENTAL STATES
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•
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HUNCH
RATIONAL SUSPICION
PREPONDERANCE OF EVIDENCE
CLEAR AND CONVINCING EVIDENCE
BEYOND A REASONABLE DOUBT
BEYOND ALL DOUBT
ESTABLISHING PROBABLE
CAUSE
• WARRANT: AFFIDAVIT IN SUPPORT OF
WARRANT ESTABLISHES PROBABLE
CAUSE
• NO WARRANT: IF QUESTIONED,
OFFICER MUST JUSTIFY IN COURT
THROUGH TESTIMONY
AFFIDAVIT
• STATEMENT UNDER PENALTY OF
PERJURY, USUALLY IN WRITING
• MUST CONTAIN FACTS ESTABLISHING
PROBABLE CAUSE
• CAN CONTAIN HEARSAY
INFORMANTS
• OFTEN FORM BASIS OR CONTRIBUTE
TO ESTABLISHING PROBABLE CAUSE
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•
•
•
RELIABLE INFORMANTS
UNTESTED INFORMANTS
CONFIDENTIAL INFORMANTS
ANONYMOUS TIPS
CONSENTUAL ENCOUNTERS
• CONTACT BETWEEN POLICE AND
CITIZEN THAT IS NOT A SEIZURE OF
PERSON UNDER 4TH AMEND.
• NOT A DETENTION
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
SITUATION
• MID-AFTERNOON, MIDDLE CLASS
RESIDENTIAL AREA, POLICE SEE
INDIVIDUAL WITH LONG HAIR, LONG
BEARD, GRUBBY CLOTHES WALKING
DOWN STREET. CAN THEY
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•
•
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APPROACH FOR ANY REASON
ASK FOR I.D.
PAT DOWN
TAKE IN FOR QUESTIONING
SITUATION 2
• SAME SITUATION AS BEFORE, BUT
POLICE HAVE RECEIVED CALLS FROM
SEVERAL HOMEOWNERS THAT
SOMEONE STRANGE IS IN
NEIGHBORHOOD