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Criminal Procedure
South Texas College of Law Houston
Corn, Geoffrey S.

Criminal Procedure – Corn – Fall 2016
Rules Outline
Tuesday, August 16, 2016
5:42 PM
4th Amendment
Protects persons, houses, papers, and effect
BUT protects people, not places.
Was there a government act against a person with sufficient connection to the US?
Was there a search or seizure?
Was it reasonable?
Of property
Government action that meaningful interference with a possessory interest
Of a person
Application of physical force or show of authority followed by submission
Something that would lead a reasonable person to feel that they are not free to leave
Plainview authorizes a seizure, but not a search
Two Types
REP Analysis (Katz), OR
A governmental intrusion into an actual and reasonable expectation of privacy
An Investigatory Trespass (Jones)
The government, with a motive of gathering information, trespasses on a person, house, place, or effect.
Searches must be Reasonable
Warrant based on probable cause, OR
Presumed Reasonable
Must stay within the scope
An Exception
Presumed Unreasonable
Must stay within the scope
Plainview authorizes a seizure, but not a search
Plainview = can be seen from a lawful vantage point
Lawful vantage point is also subject to the scope of reasonable searches
Investigative Trespass
Exception for trespassing on the curtilage within the customary license to knock on the door
Hierarchy of Proof
Probable Cause
Reasonable Suspicion
Unreasonable Suspicion
Probable Cause
Fair probability based on the totality of facts and circumstances, that a crime has or is going to occur, or that evidence will be found in the place to be searched.
The standard of proof is correlative to the thing to be proved.
Subjective police belief is irrelevant (other than knowledge of the facts and circumstances)
Reasonable Suspicion
Some articulable objective fact that supports the suspicion
Unreasonable Suspicion
No vicarious invocation of another's rights.
Rules Outline
Fourth Amendment
Protects the people from unreasonable search and seizure by the government
To trigger, there must be:
State action
Private parties and foreign governments are not restricted by Fourth Amendment, unless acting as agents for the US government (Silver Platter Doctrine)
Person invoking must be a “people”
Non-resident aliens with no meaningful connection to the United States are not protected by the Fourth Amendment
Even if here awaiting trial
Government conduct must be a search or seizure
Seizure of property = a meaningful interference with a possessory interest
Seizure of a person = application of physical force or a show of authority followed by submission
Jones: an investigatory trespass against a textually protected interest, OR
Person, home, papers, or effects
Home includes the curtilage, but not open fields

in 48 hours, unless extraordinary circumstances
Arrest warrant implicitly authorizes a search of the home for the suspect
Any contraband found within the scope may be seized in plain view
Exceptions to the warrant requirement
Three types
Imminent destruction of evidence
Imminent flight of the accused
Danger to officers or others
Probable Cause is necessary to establish an exigency
Exigency applies even if the exigency arises from police action
So long as the police were acting lawfully
Scope of exigent circumstances search is dictated by the probable cause
Where would a warrant have allowed them to search?
Detention in anticipation of a warrant is required in lieu of allowing a suspect into a home to create an exigency
Cannot rely on exigency to enter a home to preserve evidence of a minor offense
Can for protection of wellbeing
SITLA: Search Incident To Lawful Arrest
Lawful = probable cause that an offense was committed
Even if state law does not authorize arrest for the offense
Exception to warrant and probable cause requirement
SITLA is automatic with any arrest
Does not apply to citations