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Criminal Procedure
WMU-Cooley Law School
Peden, James M.

Questions:
Miranda Lineup- if invoke right to counsel under Miranda is an attorney required to be present at the lineup.

Contuining Miranda right to counsel- dude is approached on the outside and asked if he was did the crimes… he is asked about another crime and he admits that crime.. does the dude have to re-mirandize him.

Flight- is it reasonable suspicion. And dude that was standing on the corner that the tip was not about and all he did was turn his back.

Criminal Procedure Outline


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.

4th Amendment protects
persons
houses
papers
effects

2 Relevant parts of the Fourth Amendment
Reasonableness Clause
The search or seizure must be reasonable in the eyes of the court

Warrant Clause
Must have either a warrant or probable cause


3 Standards that we will be looking at
Proof beyond a reasonable doubt
Will get you a conviction
Probable Cause
Will get you a warrant and an arrest
Reasonable Suspicion
Will get you a detention

Wolf v. Colorado laid the ground work for the Exclusionary Rule
EX: Silver Platter Rule- back in the day the fed’s could not enter without probable cause or a warrant, so they would simply hand over their informant tip to the state’s and the

arch and seizure, a search without a warrant or probable cause, will not be allowed because it is unconstitutional
Comes in and says that the States are bound by the Constitution of the Fourth Amendment. No more silver platter cases, because state must now have probable cause or a warrant.

Right to Privacy – 2 Flavors
Objective – society
Subjective- personal
The courts says that you always have your subjective expectation of privacy but as you carry out your life your objective expectation of privacy as far as to society changes from place to place


Mapp v. Ohio- states the exclusionary rule applies to the states

Exclusionary Rule:
All evidence obtained by searches and seizures in violation of the constitution is, by the same authority, inadmissible in a state court.

3 Ways Evidence Can Be Suppressed
1. Plain 4th Amendment Violation
2. 4th and 14th Amendment- Due Process, 14th is kind of interwined with the 4th
3. Supremacy Clause- shocks the conscious



A. What is a Search?
1. General Principles

KATS
When doing an analysis of the reasonableness of the search make sure you use the buzz words; Expectation of privacy

The courts says that you always have your subjective expectation of privacy but as you carry out your life your objective expectation of privacy as far as to society changes from place to place

Harlan Test