Criminal Procedure Outline – Kuo Spring 2008
Exam Question Tips:
State Constitutions may give more protection to criminal ∆s, but may not give less
Bill of Rights only applies to governmental conduct. Does not restrict the conduct of private entities, unless they are acting at the express discretion of a government agent.
INTRODUCTION
14th Amendment applies the Bill of Rights to the States
Retroactivity
Under common law, everything was retroactive
Today: Teague Test – anytime the SC creates a new constitutional rule, it will apply retroactively to anyone whose conviction is not final
Harmless Error – ∆ must show that an error made in the case actually lead to a false imprisonment or damaged the ∆’s case. (More likely than not would have been acquitted)
Two types of constitutional errors
Trial Errors (occurred in presentation of case, ∆ must prove an error occurred then burden of proof shifts to prosecution, prosecution must prove beyond a reasonable doubt that the error was not prejudicial)
Structural Error (per se prejudicial – doesn’t matter if it was a harmless error)
4th AMENDMENT
· Right of the people to be secure against unreasonable searches and seizures without a warrant which was gained by probable cause
· The Beginning of the 4th Amendment
o Weeks v U.S. (1914): Lottery tickets obtained through illegal search. Introduced Exclusionary Rule, but only applied it to federal officials. 2 Reasons for Exclusionary Rule: Judicial Integrity and Because a right implies a remedy.
o Wolf v Colorado (1949): Applied 4th Amendment to states, but did not require the exclusion of evidence
o Mapp v Ohio (1961): Applied Exclusionary Rule to the States
· Rationale for Exclusionary Rule
o Deterrence of Police Misbehavior – does it deter? Seems to protect the guilty because the innocent would have nothing to hide
o Judicial Integrity
o Constitutional Protections
§ “nor be deprived of property without due process of law”
§ “nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb”
· 4th Amendment Test
1. Was it a search?
2. Was it a seizure? (Must be a search or seizure to be regulated by the 4th Amendment)
3. Was it unreasonable?
4. Was there probable cause?
5. Were the specifications for a warrant followed?
What is a Search?
· Katz:
o FBI placed eavesdropping equipment by a public payphon
t in a car traveling in public
§ U.S. v. Karo: is a search when used to monitor activities inside a home
o Drug Sniffing Dogs
§ U.S. v. Place: not a search – doesn’t require opening luggage, dogs only sniff for illegal things
Private Land
Open Fields
Oliver v. U.S.: no REP with respect to open fields.
Open fields are NOT a “person, house, paper, or effect”
Open fields are able to be seen from the air, far off road, etc. Public view
Even with fences and No Trespass signs, there is no REP because people disregard signs, warnings and fences
Don’t protect “intimate activities” that the 4th is intended to protect from interference and surveillance
Many state courts have granted more protection to open fields
Curtilage is considered part of the house and not an open field
U.S. v. Dunn:
4 factors for determining whether a building falls within the cartilage of a home: proximity to the house, included in an enclosure surrounding the home, uses of area, steps taken to protect area from observation
