Criminal Procedure Handout PDF

**[Criminal Law II: Criminal Procedure Handout]** **[(Slide \#'s in \[Square Brackets\])]** 1. **[\[Slide 2\] Criminal Procedure Introduction -- 4^th^/5^th^/6^th^ Am.]** a. **Issue: whether the police acted reasonably** b. **If they did, their conduct is \_\_\_\_\_\_\_\_\_\_\_\_\_...

**[Criminal Law II: Criminal Procedure Handout]** **[(Slide \#'s in \[Square Brackets\])]** 1. **[\[Slide 2\] Criminal Procedure Introduction -- 4^th^/5^th^/6^th^ Am.]** a. **Issue: whether the police acted reasonably** b. **If they did, their conduct is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the scope and \_\_\_\_\_\_\_\_\_\_\_\_ a violation of the amendment; if not, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ the scope and \_\_\_\_\_\_ a violation** 1. **[\[3\] 4^th^ Amendment]** a. **[4^th^ amendment Text:] "**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." i. Law protects against unreasonable **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** b. **Does the 4^th^ amendment protect against anything else? Yes -- that no warrant shall be issued without "\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_"** c. What constitutes a search? When the police suspect a crime has been committed and will look through a person's \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to confiscate any relevant **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** to the crime i. Search can be \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ d. [Rule]: **Unreasonable** searches, seizures and arrests are **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** under the 4^th^ amendment 2. **[\[4\] Probable Cause and the Warrant Requirement ]** e. In order to search, police need a valid **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**, based on (1) **[probable cause]** that evidence will be found, (2) that specifies what **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** is/are being searched, and (3) that must be issued by a **neutral magistrate** **(\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_)** f. **Probable Cause --** Evidence that a \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (RP)** would believe that a crime has been committed ii. Ex: Drug sniffing dog alerts police to a locked door where a suspect is hiding narcotics. Based on this alert, police can establish probable cause and a judge can \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ g. Police can exceed the scope of a warrant using **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** (ex: using a helicopter with a heat lamp to detect the presence of a grow house for narcotics) 3. **[\[5\] Exceptions to the Warrant Requirement]** h. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - agreeing to a search i. **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** - The police must believe that criminal activity is occurring and can pat down a suspect's clothing for **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** iii. **If police don't have probable cause, must have reasonable \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** j. **Exigent Circumstances**/**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** - If police believe evidence is about to be **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** or lost k. **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** search of an automobile: car must be impounded first l. **SILA** - Search incident to **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** - done protectively when someone has been lawfully arrested m. **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** -- If police can see evidence of a crime. However, the police must already be legitimately on the premises and cannot **manipulate** or move items to find evidence [**\[6\]** Hypo]: What if police are walking by on the sidewalk and see a crime committed through an open window? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** [Hypo 2:] If police are legitimately on the premises with a warrant, and see a locked safe in plain view, should they open it? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** [Hypo 3]: What if police are chasing a suspect down a freeway for speeding, can police search the trunk? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** [Hypo 4]: What if police are chasing the suspect and they start throwing items out the window? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** [Hypo 5]: What if police catch the suspect, can the trunk be searched? What if there is a gun on the back seat in plain view, can the trunk be searched? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 4. **[\[7/8\] Reasonable Expectation of Privacy (REOP)]** n. **Is an objective (societal) standard of what is reasonable** o. **Reasonable** - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ p. **Debatable** - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ q. **Unreasonable** - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ - **Overall, a search is illegal under the 4^th^ amendment if:** - **(1) beyond the [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] of the warrant,** - **(2) person searched has a reasonable expectation of privacy ([\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]); OR** - **(3) [no \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] (unless an exception applies)** r. What happens when the police find evidence without a warrant or an exception, and the person searched does has a REOP? iv. **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** search, and all evidence is **inadmissible** in court s. Under the exclusionary rule, any evidence the government acquires illegally **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** be used at trial t. Ex: If the police do not have a warrant, and enter someone's home who is a known drug dealer looking for a gun, and find the gun, the gun is **inadmissible** in court u. Or, if the police go in looking for a gun, and find narcotics inside, the evidence of the narcotics is **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** v. [Exceptions to the Exclusionary Rule include]: (1) passage of time; (2) independent source; (3) inevitable discovery; (4) good faith reliance on invalid warrant 5. **[\[9\] 5^th^ Amendment]** w. Law: "No person shall...be compelled in any criminal case to be a **witness against himself,** nor be deprived of life, liberty, or property, without due process of law" v. The 5^th^ amendment protects against \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** x. [Effect]: No witness needs to provide evidence or testify against themselves in court y. *Miranda* *v. Arizona* (1966) - Influential legal case which dealt with **custodial interrogation** z. [Effect]: Started the concept of telling accused that they had the right to remain \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, that any statement made will be used against them in court, and a right to an \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a. [**\[10/11\]** Elements]: For the 5^th^ amendment to apply, a suspect must be: **(1) In custody** (**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**); AND **(2) interrogation** (police questioning about **\_\_\_\_\_\_\_\_\_\_\_** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** vi. Does this questioning have to be at a police station? **\_\_\_\_** vii. How can someone be in custody if not at a police station? **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** b. If the suspect just starts talking, it is assumed that they **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** their right to silence or an attorney. **A waiver must** be signed "knowingly, intelligently and \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_" 6. **[\[12/13\] 6^th^ Amendment ]** c. **Law: "**In all criminal prosecutions, the accused shall enjoy the right to...**have the Assistance of Counsel for his defense."** viii. The right to an attorney attaches at **[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]** \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the criminal process d. If the defendant wants an attorney, the police have to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ questioning, but the defendant must **be \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 7. **[\[14\] Exclusionary Rule] - Any evidence obtained in violation of the 4^th^, 5^th^ and/or 6^th^ amendment is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in court under the [exclusionary rule ]** **["7-Up" Exercise: Criminal Law & Procedure Hypotheticals]** 1\) Police officers in Kansas City, Missouri went to the house of Mr. Weeks and used his hidden key to enter and search his home. While there, they took papers, letters, books, and other items. They did not have a search warrant. These items were used in court to find Mr. Weeks guilty of sending lottery tickets through the U.S. mail. **Are the items the police confiscated admissible, or did the police violate the 4th amendment by conducting an illegal search?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 2\) A female student was caught smoking in the bathroom at school. Later, in the assistant vice principal's office, she denied smoking. The assistant vice principal demanded to search her purse, and found a pack of cigarettes, rolling papers, marijuana, a pipe, plastic bags, a large amount of money, and a list of students who owed her money. The evidence was used by the New Jersey Juvenile Court to find her guilty of delinquency. **Are the items the assistant VP confiscated admissible, or did the school violate the 4th amendment by conducting an illegal search?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 3\) Police suspect that Jerry is growing marijuana illegally in his home. One day, while walking by, they notice a smell that resembles marijuana. They knock on the door to investigate but Jerry refuses to allow the officers inside. The officers then get a helicopter to detect heat levels coming from the house, and use thermal imaging technology to determine that Jerry is growing marijuana under heat lamps. **Has a search been conducted and is the search permissible under the 4th Am.?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 4\) Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions. During the ninth interrogation session, Stewart stated that he had robbed the deceased, but had not meant to hurt her. At that time, police released the four other people arrested with Stewart because there was no evidence to connect any of them with the crime. At trial, Stewart's statements were introduced. Stewart was convicted of robbery and first-degree murder and sentenced to death. **Is there a 5th or 6th amendment violation of Stewart's rights (right to remain silent, right to an attorney)?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 5\) During a burglary, an unknown person broke a door, smashed a cigarette machine and a record player, and stole money from a cash register. Later that day, a witness reported that he had seen Geoff at that location at 5:30 that morning, leaving with a wine bottle and money in his pockets. Based on this accusation alone, the police arrested Geoff and charged him with breaking and entering with intent to commit larceny. Geoff appeared in court alone as he was too poor to afford counsel. When he asked to have counsel appointed for him, the court refused. Geoff was later sentenced to 5 years in prison. **Is there a 6th amendment violation of Geoff's right to counsel?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 6\) Co-valedictorians at their school in Irvine, Jeena and Sunny are identical twins. One day, Jeena becomes jealous of Sunny and decides to hire Jim to kill her. Jeena hopes that doing so will allow her to become the "popular" sister, and to take over Sunny's life. Jim and Jeena agree, and Jim kidnaps Sunny. Before Jim goes through with the act, he calls Jeena right beforehand and lets her know that he won't kill her sister. Jim then calls the police. The police arrest both Jeena and Jim. **Are Jeena and/or Jim guilty of a conspiracy?** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** 7\) Leaving the club on Friday night, rapper A\$AP Rocky gets into a fight with paparazzi who are attempting to take a picture of him. Rocky takes the paparazzi's camera after the fight, but is stopped by security and forced to return the camera. **Is A\$AP Rocky guilty of larceny? \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**