Introduction to Criminal Procedure

Introduction to Criminal Procedure

• The Supreme Court's evolution from civil liberties to tough-on-crime era
• Warren Court (1953-1969, especially 1962-1969): emphasis on criminal procedure revolution and civil liberties of defendants
• Burger, Rehnquist, and Roberts Courts (1969+): emphasis on empowering law enforcement and limiting the Warren Court's decisions

The Fourth Amendment

• Guarantees the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. Warrants must be supported by probable cause.
• Fourth Amendment applies only when a government agent conducts a search or seizure.

Basics of a Search

• Government agent/agency violates a person's reasonable expectation of privacy (Katz).
• Government agent physically trespasses on a protected area (house, curtilage).
• A search occurs when obtaining incriminating evidence.
• No reasonable expectation of privacy in trash left for public collection outside the curtilage of a home (Greenwood)

Use of a Thermal Imager

• Use of a thermal imager on a home from outside the curtilage constitutes a search (Kyllo).

Use of a Beeper

• Use of a beeper to track an automobile on public roads is not a search because there is no reasonable expectation of privacy in movements on public highways (Knotts).

Use of Pen Registers

• Using pen registers is not a search (Smith v. Maryland) because the information is conveyed to a telephone company.

Fourth Amendment violations

• Unreasonable searches and seizures are prohibited.
• A search or seizure without probable cause is a Fourth Amendment violation.
• A search must have probable cause and must be reasonable to be considered legal.

Privacy Interest Searches

• Law enforcement or government agent discovers, inspects, or monitors someone's property, home, or communications with their senses.
• Such a search violates the individual's reasonable expectation of privacy (Katz)

Property Interest Searches

• A person's private activity in their home, apartment, hotel room, or curtilage is generally protected.
• The area immediately outside a home, recognized as having special privacy protections by society (e.g., porches, backyards, patios), is also protected (Jones).

Open Fields Doctrine

• No reasonable expectation of privacy in open fields outside the curtilage.
• Four factors considered when determining if an open field falls outside of the curtilage:
  • Proximity
  • Enclosures
  • Nature of use
  • Steps to protect from observation

Limiting the Third-Party Doctrine in the Digital Age

• Historical cell site location information is protected, even though it is shared with cell service providers (Carpenter)
• Individuals do not have an expectation of privacy in information voluntarily shared with third parties (Smith v. Maryland), unless the third-party records demonstrate public movements over seven days.
• Law enforcement can obtain bank records and phone calls without a warrant.

Use of Narcotic Dogs

• Sniff by a trained narcotics dog in a public place is not considered a search (Place).
• The sniff of a trained narcotics dog is considered a search in areas around a home based on the trespass test, but not the reasonable expectation of privacy test (Katz).
• Sniff by a trained narcotics dog of a car during a traffic stop is not a search. (Caballes)
• Lengthening a traffic stop for a narcotics dog sniff, without reasonable suspicion, is an unreasonable seizure (Rodriguez).

Probable Cause and Reasonable Suspicion

• Probable cause: sufficient evidence to believe a crime has been committed.
• Reasonable suspicion: reasonable belief that evidence relating to a crime is present.

Warrant Requirements

• Warrants must be issued by a neutral and detached magistrate.
• Warrants are based on probable cause which is established through facts presented in an oath or affirmation.

Plain View

• Police may seize an object in plain view during lawful presence.

Plain Feel

• If during a valid frisk, an officer immediately develops probable cause to believe there is contraband, the officer can seize it.
• After seizing the contraband, the officer cannot expand the frisk to search for other contraband.

Automobile Exception

• Police may search a car without a warrant if they have probable cause to believe it contains contraband or evidence of a crime.

Warrant Exceptions

• Hot pursuit
• Preservation of evidence
• Public safety

Searches Incident to a Lawful Arrest

• After a lawful arrest, police can search the arrestee and the area within their immediate control.

Consent

• A search conducted without a warrant is permissible if the person voluntarily consents.
• Officers are not required to inform a suspect of their right to refuse consent but a false claim by an officer that they have a warrant negates consent.
• The consensual search occurs if the person who gives consent apparently has the authority to do so (Rodriguez).
  • If an occupant is physically present and objects to a search of jointly occupied premises, the police cannot conduct the search unless the objector is lawfully removed.
• If someone is lawfully arrested, the police can search the vehicle if the arrestee is unsecured and can reach the passenger compartment.

Exigent Circumstances

• Police can enter without a warrant in exigent circumstances such as hot pursuit, preservation of evidence, public safety.

Administrative Searches

• Police can search private residences and commercial buildings in circumstances for enforcing administrative regulations without a warrant if the plan for the inspection is reasonable, neutral, and does not depend on individualized suspicion.

DNA Testing of Arrestees

• Under certain circumstances, such as a serious crime arrest or prior warrant, DNA testing of arrestees does not require probable cause.

Seizures

• Police actions that restrain a person's freedom of movement.

Arrests

• A seizure of a person that results in being taken into custody. It must be supported by probable cause.

Stop-and-Frisk

• The police can briefly detain a person based on reasonable suspicion that the person is armed and dangerous. If the person is lawfully stopped, the police can conduct a protective pat-down if they have reasonable belief that the person is armed. A temporary and reasonable amount of time for investigation is necessary.

Checkpoints

• Law enforcement can conduct routine stops at checkpoints without individualized suspicion.

Ports of Entry

• At the border or functional equivalent (such as airport), no warrant is necessary.

Warrant Exception: Administrative Searches

• When inspectors search private residences and commercial buildings for enforcing administrative regulations, a warrant is not required but the plan for the inspection must be reasonable, neutral, and does not depend on individualized suspicion.

Explore the evolution of criminal procedure in the U.S. Supreme Court, from the Warren Court's focus on civil liberties to the subsequent courts' emphasis on law enforcement. Understand the implications of the Fourth Amendment and the basics of searches and seizures. This quiz will test your knowledge on key legal principles and landmark decisions.