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Criminal Procedure
South Texas College of Law Houston
Carnahan, Sandra J.

Criminal Procedure Class Outline

I. Criminal Process
A. Incorporation Doctrine- in what ways does the Bill of Right bind the states
1. Powell v. Alabama- at the time the trial the 6th Amendment did not extend to the states. This case was decided under the 14th Amendment due process violation
2. Position of Incorporation Doctrine Today: all the protections of criminal defendants in the bill of rights are applied to the states through the 14th Amendment
a. Two exceptions to the bill of Rights Binding the States are the requirement of grand juries and excessive Bail.
b. Excessive Bail does not apply to the states because it has never been challenged and most states have state constitutional requirements prohibiting the imposition of excessive bail.
3. Duncan v. Louisiana- defendant wanted a trial by jury, but the state constitution only allowed for jury trials in capital cases only.
a. The incorporation doctrine extended the 6th Amendment right to trial by jury to in all criminal cases that are felonies-includes capital and non-capital crimes
b. The question of misdemeanors receiving jury trials was not decided until later.
II. 4th Amendment- The right of the people to be secure in their persons, houses, papers, and effects be secure against unreasonable searches and seizures, shall not be violated an no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particulary describing the place to be searched and the person or things to be seized.
A. 4th Amendment and the States
1. Extremely vague, the search has to be reasonable but that view can vary over time and the amendment does not give a remedy for a violation, and to whom it applies
2. 4th Amendment only applies to searches on U.S. Soil; even if people are here unlawfully the 4th Amendment still protects them; this is the presumption
3. 4th Amendment only limits government action, it does not curtail the private action of citizens, such as the False Friend situation.
a. For example an employer checking employee emails is not a violation of the 4th amendment.
B. Basic 4th Amendment Analysis
1. Must be a person the 4th Applies to
2. Must be a person, house, paper, or effect
3. Must be a search or seizure by the Government
4. Reasonableness
a. Must have adequate grounds for Reasonable Suspicion or Probable Cause
b. Warrant
i. Was a warrant required: If NO than must have an exigent circumstance or exception
ii. If Yes was the warrant obtained in a proper manner, was it in property form, was it properly executed.
C. The Exclusionary Rule- evidence obtained in violation of the 4th Amendment is inadmissible at a defendant’s criminal trial
1. Mapp v. Ohio-All evidence obtained by searches and seizures in violation of the 4th Amendment is inadmissible in state and federal court.
III. Passing the Threshold of the 4th Amendment
A. What Constitutes a Search- when does the 4th Amendment apply to protect a person from an illegal search?
1. 4th Amendment protects people not places or areas and conversations are considered extensions of the person under the 4th.
2. Katz v. United States- defendant was convicted of gambling by evidence of phone conversations the FBI had recorde

erson takes the risk of having a flas friend or being involved w/ a government agent.
c. One person must know of the wife for the conversation to not violate the 4th Amendment b/c no expectation of privacy anymore destroys the first prong of the Harlan Test.
4. Courts have consistently held tha person has no legitimate expectation of privacy in information he/she voluntarily turns over to 3rd parties.
a. This allows for the use of Penn Registers to record the phone numbers people dial b/c the number is revealed to AT&T revealed to all.
5. There is no 4th Amendment expectation of privacy to use public roads and location of a car, no expectation of privacy where you are driving on a public road.
a. This allows police to use tracking devices to follow suspects, but once inside a home there now extends an expectation of privacy and knowing the location of things inside a home violates the 4th.
6. Doff Sniffs- dog sniffs are not considered a search under the 4th b/c it sniffs the outside of luggage and it is not as intrusive and does not require the bag to be opened.
a. Sniffs only show the presence of contraband items in the suitcase not the private items
b. United States v. Caballas- there is no 4th Amendment implication for letting a dog sniff around your car.