Criminal Procedure Outline

Protects individuals from unreasonable government searches and seizures.

Government action violating a person's reasonable expectation of privacy or a physical trespass on a protected area.

A person's subjective expectation of privacy, that society recognizes as reasonable.

A legal test determining if a search occurred based on the reasonable expectation of privacy.

A legal test where if a government agent physically trespasses a protected area to obtain evidence.

The area immediately surrounding a home, considered part of the home's protected area.

No reasonable expectation of privacy regarding trash left for collection in an area accessible to the public.

Using a thermal imager on a home from outside the curtilage constitutes a search if it's not in general public use.

No reasonable expectation of privacy (REOP) exists in open fields, outside the curtilage of a home.

Individuals have no REOP in information they voluntarily share with a third party.

A sniff by a trained narcotics dog in a public place is not considered a search.

A sniff by a trained narcotics dog within the curtilage of a home is a search.

A sniff by a narcotics dog during a lawful traffic stop is not a search.

Long-term historical CSLI is protected by REOP, even if shared with a cell service provider.

An alert by a qualified narcotics dog presumptively establishes probable cause for a search.

Police can search a vehicle without a warrant after a recent occupant's lawful arrest if the arrestee is unsecured and within reaching distance of the vehicle or there is reasonable belief evidence of the crime is in the vehicle.

If the suspect is not arrested for a traffic violation, a search incident to arrest is not allowed.

A search is lawful without a warrant or probable cause if a person with apparent authority consents voluntarily.

For a consent search to be valid, the person consenting does not need to be aware of their right to refuse the search.

If an officer falsely claims to have a warrant to obtain consent, that consent is not voluntary and invalid.

If an officer reasonably believes the consenting person has authority, the search is valid even if the person didn't have the right.

If a person consents to a search of jointly occupied premises, the search is valid unless another occupant is physically present and objects.

Police can make a warrantless search and seizure, including entering a home, to prevent a fleeing felony suspect's escape.

Police can stop vehicles at checkpoints without reasonable suspicion if the primary purpose is not general crime control but for special needs like border security or roadway safety (combating drunk driving).

A temporary stop of a vehicle is considered a seizure requiring at least reasonable suspicion of illegality, like a Terry stop.

Police conducting a lawful arrest can conduct a protective sweep of an area where a person may be hiding without a warrant or suspicion. This goes beyond the arrestee's immediate control.

Once a protective sweep goes beyond the arrestee's immediate control (the 'lunging' area), it requires reasonable suspicion to sweep the area.

Prisoners' cells and effects are not protected by the 4th Amendment, meaning they can be searched without a warrant or suspicion.

The police can conduct searches and seizures without a warrant or individualized reasonable suspicion for certain 'special needs', such as border security or traffic safety.

Checkpoints must be for a 'special need' and not have a primary purpose of general crime control (finding narcotics) to be valid without individualized reasonable suspicion.

Police can search the area within an arrestee's immediate control, where they might reach for a weapon, without a warrant or suspicion. This is called the 'lunging' area.

A lower standard than probable cause, requiring some minimal level of objective justification based on specific and articulable facts, not just a hunch or feeling.

When determining reasonable suspicion, courts consider all surrounding facts and details, not just isolated events.

Running away from police in a high-crime area can be considered reasonable suspicion, although it's not always conclusive.

Tips from informants must show some indicia of reliability (credibility) for the suspicion to be reasonable. This means the officer must have reason to believe the tip is trustworthy.

For a confession to be admissible in court, it must be voluntary, meaning it was given freely without coercion or undue influence.

The 5th Amendment protects against self-incrimination. Miranda warnings inform suspects of their right to remain silent and to have an attorney present during questioning.

Suspects in custody are required to be informed of their Miranda rights.

Confessions obtained through physical force, threats, or other coercive tactics are considered involuntary and inadmissible in court.

A law or practice that discriminates based on race, religion, or other protected characteristics violates the Equal Protection Clause. The prosecution must prove both discriminatory effect (similarly situated people weren't prosecuted) AND discriminatory purpose (prosecution due to impermissible reasons).

A prosecution that is initiated or pursued for the improper purpose of punishing the defendant for exercising their legal rights. It violates Due Process. Must show either direct evidence of the prosecutor's intent to punish or facts creating a presumption of vindictiveness.

The 8th Amendment does NOT guarantee a right to bail, but it does protect against excessive bail. Substantive Due Process allows pretrial detention based on clear and convincing evidence of likely future dangerousness.

The government's failure to disclose material evidence that is favorable to the accused, violating the defendant's Due Process right to a fair trial. Can lead to a reversal of the conviction and a new trial.

The 5th Amendment prevents someone from being tried twice for the same offense. Jeopardy attaches at different stages depending on the type of trial (jury or bench). It does not bar civil proceedings or trials by separate sovereigns.

Jeopardy attaches at the swearing in of the jury in a jury trial and when the first witness is sworn in a bench trial.

Double Jeopardy does NOT bar a trial by a separate sovereign. This means that a person can be tried in both federal and state court for the same crime.

The government of the U.S. (federal) is separate from each individual state government. The Double Jeopardy Clause does not prevent someone from being tried for the same offense in state court after being acquitted in federal court, or vice versa.