Criminal Procedure PDF

Criminal Procedure Criminal Process O Investigation: 4th Amendment Search & Seizure - The Fourth Amendment protects against unreasonable searches and seizures. Evidence acquired that is the product of an unreasonable search and seizure will be inadmissible in a criminal tr...

Criminal Procedure Criminal Process O Investigation: 4th Amendment Search & Seizure - The Fourth Amendment protects against unreasonable searches and seizures. Evidence acquired that is the product of an unreasonable search and seizure will be inadmissible in a criminal trial. Things Statements  Search & Seizure - Things T Has there been an invasion of the D’s reasonable expectation of privacy? Step 1. Must be an Invasion of Privacy Step 2. Probable Cause Legally Obtained Step 3. Search Warrant Step 4. Exceptions  Invasion of Privacy If there is no reasonable expectation of privacy, no probable cause is needed and protections do not apply Reasonable Expectation Consent: Voluntarily given or authorized by possessor G Plain View: If in plain view, no expectation of privacy (police- see, hear, smell) D’s privacy (standing): Expectation of privacy extends to social/overnight guests, but not commercial guests Vehicles: Passengers can’t raise argument on something found under seat Gov’t action (state, local, federal gov’t, no private) Probable Cause Legally Obtained Evidence must be legally obtained How did the police acquire the info? If source is illegal, the evidence is illegal and invalid Illegal stops/arrest Reasonableness must be adequate Facts and circumstances sufficient to lead a reasonable person to conclude that there is/will be contraband Can come from officer’s observations, other people, etc. *  Search Warrant & Issued by Neutral Magistrate/Judge - Exercising independent judgment Based on Reliable Info (Totality of Circumstances) - Considering the credibility of the source and the basis of information (both of which should be included in affidavit) Must be Reasonably Specific - Specify places to be searched, time to be searched, and items being searched for (no fishing expeditions) Good Faith Exception mu Bad warrant can be the basis for a good search (police belief if judge/magistrate made mistake– won’t save fraud, intentional misconduct, neutrality, or lack of specificity) Exceptions Stop & Frisk Search Incident to Arrest Automobile Exception Administrative identify Emergency Stop & Frisk Probable Cause not required & Reasonable suspicion required instead Purpose is only to look for weapons, not evidence Beware Plain View Doctrine Search Incident to Arrest * Immediately before, during, or after arrest Must be a lawful custodial arrest Search within suspect’s wingspan (obtain weapon, destroy evidence) Home – room Vehicle – passenger compartment (no trunk) For officer’s safety, once it becomes a search for evidence, need probable cause  Automobile Exception Moving Moving Vehicle Exception Lesser degree of privacy for moving vehicles Still requires probable cause Can sometimes search trunk or can just tow to station and search later Immobile Inventory Search allowed w/o warrant as long as Police have a procedure on file to allow for inventory search Reason to search is to protect contents, not looking for evidence Public safety exception Public safety at stake suspected bomb, weapon Administrative Health/Safety Airport Schools Workplace (as long as reasonably related to some workplace issue) Fire Highly Regulated Businesses Liquor industry, gun industry, mining industry, etc. Very high risk so no expectation of privacy, agencies can inspect w/o a warrant for safety (not for evidence of a crime) Emergency Exigent circumstances Police in hot pursuit Evanescent evidence that quickly disappears BAC, blood, breath, urine, DNA Search & Seizure - Statements In order to protect the D’s 5th Amendment right against self-incrimination and 6th Amendment right to a fair trial, any statement acquired as a result of custodial interrogation is inadmissible against the D unless the D receives Miranda warnings and voluntarily and properly waives those warnings What are Miranda warnings? Or: 3 myths about Miranda rights Miranda Warnings & Exact wording varies by state Miranda warnings must include notice of: Right to remain silent Any statements made can and will be used in a Court of law Right to an attorney If cannot afford an attorney one will be appointed Miranda Components & Custody Interrogation Valid Warning Valid Waiver Scrupulously Observed  Custody Under arrest Otherwise not free to leave  Interrogation Actual questioning By police (or functional equivalent) Police conduct reasonably likely to elicit an incriminating response Valid Warning & Valid Waiver Valid Warning Suspect informed of Miranda rights Exact wording may vary state Valid Waiver Prosecution has burden to prove (by preponderance of evidence) that there was a knowing, intelligent, voluntary waiver by D of his/her/their Miranda rights Silence alone insufficient Scrupulously Observed If invoked police must stop questioning immediately Hours or days later, police can come back, re- Miranda-ize and re-initiate questioning D may invoke Miranda rights again or at any time Exclusionary Rule Any evidence acquired in violation of Fourth, Fifth, and Sixth Amendment rights will be excluded under the Exclusionary Rule. Fruit of the Poisonous Tree Exceptions Fruit of the Poisonous Tree Any evidence that is the product of an illegal search or seizure is considered fruit of the poisonous tree and will be excluded. Exception for evidence that would have been discovered anyway Criminal Process