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Federal Criminal Law
SUNY Buffalo Law School
Humann, John F.

 
 
johnhumann@msn.com
 
search and seizure law for suppression
 
due process model—trial
Crime control model—Plea
 
Trials are leverage on the prosecutor, they don’t want to go to trial
 
Misdemeanor-year or less
Felonies-
·        District Court Justices
·        Magistrate Judges
o       Arraignments
o       Bail hearings
·        Complaint
·        Bail—very important
o       Defense and prosecutor can have an informal discovery
§         information
·        Preliminary Hearing
o       Probable Cause
o       Grand Jury
§         Common people
§         Cop or witness talks in front of GJ
§         Prosecutors
§         Indictment
 
 
9-8
 
Search and seizure Definitions
·        Federal Law
·        (742-5877
Fourth Amendment
·        The right of the people to be secure in their persons houses papers and effects against the unreasonable searches and seizures shall not be violated and no warrant shall issue but upon probable cause supported by oath or affirmation and particularly describing the place or things to be seized
 
·        The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated
·        If the police action is seen as reasonable under the circumstances then it is probably ok
 
Voluntary Encounters
·        Law enforcement officers do not violate 4th amendment by merely approaching an individual on the street or in some other public place, asking him if he is willing to answer some questions, putting questions to him if he is willing to listen, or offering in evidence in a criminal prosecution his voluntary answers to such questions, Fla. V. Royer 5-4 decision
·        The person approached does not need to answer any question he may decline to
·        And any refusal to cooperate without more does not furnish the minimal level of objective justification needed for a detention or seizure
·        Non seizures are defined as consensual encounters btw law enforcement and private citizens
·        The distinguishing factor btw a non seizure and seizure is that there is no mandatory compliance in a non seizure
·        Un provoked flight is simply not a mere refusal to cooperated, Hodari D. and Wardlow cases
·        Fact that police officer identifies himself as such, w/out more, does not convert an encounter into a seizure requiring some level of objective justification
Stops
·        Terry—stop and frisk
o       Reasonable suspicion
§         It should be sufficient that there is a substantial possibility that a crime has been or is abo

s saw car coming panicked and took flight
o       Hodari D. ran west through an alley others continued south
o       One officer got out of the car and cut off Hodari and the cop grabs hodari after the Hodari throws the rock (cocaine) at him
·        P
o       Local court convicted
o       Appeal court reversed
o       Supreme Court grants Writ of certiari
o       Government conceded it didn’t have necessary suspicion
·        Q
o       Was Hodari seized w/in limits of fourth amendment
·        A
o       If he was seized against that of the 4th amendment the drugs can not be used
o       If cop sees contraband it is fair game
o       Seizure means taking possession
o       To constitute an arrest with a needed authority
o       Does not involve the application of any physical force when he dumps the cocaine
o       Cops yelling to kids stop and cops chasing kids is not a seizure so cocaine is admissible in court because Hodari abandoned it, show of force is not enough
o       Being in a car is different than being on foot