Criminal Procedure
Supreme Court Justices
Bush
Clinton
Reagan
Ford
Alito
Breyer
Kennedy
Stevens
Roberts
Ginsburg
Scalia
Souter
Thomas
4th Amendment: “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.”
Article l, Section 5: “Every person shall be secure in his person, property, communications, houses, papers, and effects against unreasonable searches, seizures, or invasions of privacy. No warrant shall issue without probable cause supported by oath or affirmation, and particularly describing the place to be searched, the persons or things to be seized, and the lawful purpose or reason for the search. Any person adversely affected by a search or seizure conducted in violation of this Section shall have standing to raise its illegality in the appropriate court.”
Constitutional Provisions
4th Amendment Rights
The right to be free from warrantless arrests
The right to be secure against unreasonable searches and seizures
The right to have a warrant particularly describe place, person, thing to be searched/seized
5th Amendment Rights
The privilege against self-incrimination
10th Amendment Rights
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.
14th Amendment Rights
The due process clause applicable to the states
The right to equal protection of the laws
Case Name Matching
State Constitution
Michigan v. Long-indep state grounds
Arrest
Terry-stop and frisk
Whrens-pretextual stop
Hodari D.-chase
Tucker-La.chase
Jackson-
Church-La.-no roadblocks
Aguilar/Spinelli/Gates-Informants
Search Remedies
Hoffa-misplaced trust Katz-expect of privacy
Mapp-excl. rule applied to states Wong Sun-fruit of the poisonous tree
Oliver-open fields Leon-good faith exception to excl rule
Dunn-curtilage Wong Sun-also attenuation
Dickerson-plain feel
Chimel-arm span-incident to arrest Questioning
Belton-Car passngr comp-incid. to Miranda-custodial interrogation
Buie-confederate search/sweep home Innis-func. Equiv/ questioning
Camara-administrative search Dino/Fernandez-La.Juvenile questioning
Sims-inventory of car-La. Quarles-publ. safe excep to excl rule
Illinois v. Rodriguez-good faith exception/consent
True/False
1) A suspect has a right to have counsel present at all lineups. F
2) The exclusionary rule is constitutionally mandated. T
3) If, prior to an illegal entry, police already know enough to obtain a search warrant, the items seized will not be suppressed. T
4) A confession obtained in violation of Miranda can always be used to impeach. F
5) The exclusionary rule is not applicable at grand jury proceedings. T
6) The probable cause determination required by Gerstein v. Pugh is not required if the arrest was made with a warrant or after an indictment. F
7) If an attorney requests to see the defendant, he must allow to see/speak with him before questioning can continue. T
8) States can always make their constitution and laws more restrictive of the government/police then the federal constitution. T
9) The Bill of Rights in the U.S Constitution applies to the states. F
10) In Louisiana, it is a constitutional right to be advised of your right to remain silent and your right to court appointed counsel. T
11) As late as 1947, the Supreme Court said the due process clause does not incorporate the Bill of Rights. T
12) An officer may stop a person in a public place and ask him his name without infringing upon the person’s right to be free from unreasonable seizures. T
13) If there is probable cause, an arrest may be made in public even if there is time to get an arrest warrant. T
14) Even where an arrest warrant is required, lack of a warrant will not affect prosecution of the individual arrested. T
15) As long as a private individual conducts the search, it doesn’t matter that the government instructed the individual how to do it. F
16) When an officer corroborates information from an informant, he may only rely on information regarding criminal activity by the suspect and cannot rely on his innocent behavior. F
17) A piece of property full of pine trees is an open field. T
18) In the beginning, we had no judicial branch in this country for over 12 years. T
19) A criminal defendant must invoke his right against self-incrimination at trial. F
20) The purpose of a frisk is to look for weapons and evidence of a crime. F
21) In order for a third party to consent to a search, that third party must have joint access and control over the property/area. T
22) If an officer, acting in good faith, conducts a search believing that the person consenting to the search has authority to so consent, and that person did not have such authority, the evidence seized during the search will be excluded. F
23) In Louisiana, a defendant can only assert the exclusionary rule to bar evidence obtained through a violation of his own constitutional rights. F
24) In Louisiana, it may be possible to keep the police from searching your property by, among other things, posting no trespassing signs. T
25) Refusal of a subject to stop and answer an officer’s questions is enough to constitute reasonable suspicion of a crime. T
26) The automobile exception only applies to automobiles and not planes or boats. F
27) Nearly all colonists supported the ratification of the constitution.
28) Miranda warnings are unnecessary prior to questioning prompted by concern for public safety. T
29) Landlords and hotel managers can consent to a search of a person’s apartment/hotel room. F
30) Public school teachers are state agents for purpose of the 4th amendment. T
31) The fact that a defendant refuses to sign a waiver form or a written statement conclus
sts or searches at that time.
Massachusetts Body of Liberties (1641)
• protection for free speech and petition (First Amendment)
• just compensation for property taken for public use (Fifth Amendment)
• protection from double jeopardy (Fifth Amendment)
• right to trial by jury and counsel (Sixth Amendment) and
• protection from cruel punishments and excessive bail (Eighth Amendment)
English Bill of Rights (William and Mary, Parliament, 1689)
1) Right to petition the government
2) Right to bear arms
3) Due Process
( was strictly procedural due process, not substantive)
4) Rights of accused at trial
5) No excessive bails/fines
6) No cruel and unusual punishment
Two Treatises of Government (John Locke, 1690)
Sons of liberty-formed by Samuel Adams and financed by John Hancock.
1st Continental Congress (1774)
2nd Continental Congress (colonies, May 10, 1775)
John Hancock, President
Washington appointed commander in chief
Olive branch petition 7/8/1775
January 10, 1776 Thomas Paine’s Common Sense
Government’s only justification is the freedom and security of the governed
Articles of Confederation
-Was our first Constitution
-Submitted 7/12/1776
-Adopted 11/15/77
-Ratified March 1781
Form of government
-Representative democracy, not a republic.
-No president, no executive branch
-No federal judicial system.
Social Contract Theory-John Locke
Amending the Constitution (ON FINAL)
To propose amendments
1) Two-thirds of both houses of Congress to vote to propose an amendment,
2) Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (never been used)
To ratify amendments
1) Three-fourths of the state legislatures approve it or
2) Ratifying conventions in three-fourths of the states approve it. This method was used only once –to ratify the 21st amendment (repealing prohibition)
Federalists felt that if it is doesn’t explicitly say something in the Constitution, then you have that right.
Anti-federalists-George Mason (wrote Virginia Constitution) Patrick Henry
Incorporation
The Bill of Rights was ratified in 1791.
Barron v. Baltimore
-said the Bill of Rights was never meant to apply to the States.
Civil War 1861-1865
The 14th Amendment was ratified on July 9, 1868, 77 years after the Bill of Rights
The 14th Amendment only applied to the federal government
1) Designed to protect the rights of freedmen and grant them the right to vote.
2) Was proposed by the republicans in congress.
3) Ratified only after congress made re-admission of southern states depend on their ratification.
