CRIMINAL PROCEDURE OUTLINE FOR FLOWERS
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.
