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Criminal Procedure
Stetson University School of Law
Flowers, Roberta K.


I. Introduction
–       4th Amendment deals with Search and Seizures
–       5th Amendment deals with Self Incrimination and due process
–       14th Amendment deals with Due Process and brought the 4th 5th and 6th amendments to the State Laws
–       To be eligible for a public defender, the accused must satisfy two requirements
o       Must be facing incarceration
o       Must be under certain income level
–       Indigent means you are under a certain income
–       All criminal defendants are not entitled to a trial by jury, it depends on if they are facing jail or not

II. 4th Amendment: Probable Cause
–       Questions to ask in determining if it is a 4th Amendment Problem
o       Is this an area protected by the 4th Amendment?
o       Has that protection been violated?
§         Is there a government actor?
§         Has the Government Actor performed a search?
§         Is there a reasonable expectation of privacy?
§         Is there a search warrant?
o       Was the Arrest Lawful?
§         Probable Cause before the arrest
·        Take a snapshot right before the arrest happens and look to see if there was probable cause before the arrest occurred. 
o       In determining probable cause, do not look at any evidence after the arrest no matter what
–       Probable Cause
o       Exists where the facts and circumstances within the arresting officer’s knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief an offense has been or is being committed
§         Quality: Trustworthy, where did the information come from
·        Police are very high quality
·        Named witnesses/victims have no quality problems
·        Named Informants with some prior reliability
·        Non-named face to face informants have some quality
·        Non-named anonymous Informants have little quality

§         Quantity: SOURCE. Is there enough information here

o       Third hand information to obtain a search warrant
§         Information must be specific
§         It cannot just be merely conclusionary statements
§         Can rely on hearsay
§         Hunches: has to be more than just a hunch…must articulate specific reasons why he made the arrest or the stop, etc.
§         Based on reasonable doubt and probabilities

o       Probable cause is the same for a magistrate as it is for a cop

o       When do you determine Probable Cause?
§         Immediately before the arrest. You ask what the cop knew immediately before he arrest

iven to them by the informants can be enough for probable cause

o       Staleness: 
§         Must be able to say you have a quantity of information that evidence is still there
§         Must be based upon specific facts of that case

o       Quality of information in regards to informants
§         A victim can say she was raped and that is probable cause alone
§         Any information from a victim can be considered quality
§         Witnesses without any motivation, cop observations, don’t need much for trustworthiness

–       Graham: Brown paper bag ten feet away
–       Draper: Known informant informed police of person getting off the train wearing specific clothes and acting in specific demeanor
–       Cunha: Hot dog stand; A high crime area is not enough to show probable cause
–       Aguilar: Search warrant case. PC cannot be based upon conclusions or suspicions, must be based on facts
Gates: Flight to Florida drive back to Illinois; Future actions of 3rd parties ordinarily not easily predicted must be disclosed.