Criminal Procedure Corbett Trinity 2013
Week 1
Ideology can influence how a judge thinks:
Strict (traditional) constructionalist- what did the writers of the Constitution think. Restraint. Only interpret the law. Looks at the Four Corners you can’t read anything in. Defer to the executive branches.
liberals think that the Constitution is a living document can be interpreted over time in light of the changing social values etc. (Judicially active).
Constitutionally was anti-democratic and protect minority from majority.
Law and economics- if we rule a certain way it effects economically. Technological concerns affect the justice system (it affects the home).
Important Procedural Steps
1. Crime
a. Proactive investigations- undercover agents, informants
2. Pre- Arrest investigation
a. On-scene investigation
i. Stop and frisk
ii. Border searches
b. Reactive investigations
c. Proactive investigations
d. Prosecutorial investigations- prosecutors and police help with tips and free to leave
3. Arrest- Need probable cause- quantity of evidence.
a. Search incident to arrest
b. Plain view seizures
c. Inventory searches permissible if I find something illegal in the process then its ok
d. Consent searches
4. Booking- exceptions to asking questions
5. Post-arrest investigations- need evidence beyond a reasonable doubt
A. search warrants
B. warrantless searches- hot pursuit is ok.
C. Right against self-incrimination- 5th Amendment
D. Request of counsel
6. Decision to charge
A. Investigator screening
B. Prosecutor screening (pre filing)
7. Filing of a complaint (charges are filed)
a. Prosecutor screening (post filing of complaint)
b. Magistrate/district judge review of the arrest warrant and proposed complaint
8. First appearance on the complaint (Appear in front of a judge)
A. Right to counsel issues -6th amendment right to counsel has attached
B. Detention/bond issues
9. Preliminary hearing (the probable cause hearing) witnesses are put on the stand 6th Amendment issues
10. Grand jury proceedings- Probable cause.
11. Filing indictment or information-
12. Arraignment on information or indictment- beyond a reasonable doubt
13. Plea hearings- most cases are resolved by pleadings. Now Supreme Court says you have a right to an attorney under the 6th Amendment
14. Pretrial motions-motion date (motion to suppress) (Ex: 4th Amendment was violated)
– More than 3/4 of cases in this class involved a pretrial motion to suppress
– At stake: whether evidence will be suppressed
– Guarantee: This will be the basis of an exam question!!
15. Evidentiary witnesses- police testifies. Motion to suppress the evidence is made by judge.
16. The trial- Misdemeanor crime need jury or counsel?
17. Sentencing
18. Direct appellate review (Get to Supreme Court)
Defendant or prosecution lose in state or federal appellate court and take a direct appeal to US Supreme Court
Direct Appellate Process to US Supreme Court
• Federal: US District Court – US Court of Appeals – Petition for Writ of Certiorari – US Supreme Court
• State: Circuit Court – Court of Appeals – Application for Leave to Appeal to State Supreme Court – Petition for Writ of Certiorari – US Supreme Court
• Post-conviction remedies: Federal Habeas Corpus for state prisoners – a/k/a Collateral Review
• Allows Defendant to re-argue US Constitutional problems with conviction
United States v. Devin in the title you will know it is a Federal case
Federal Habeas Corpus (free the body) let the person out because of Constitutional issue– (collateral review already in jail). Habeas Corpus- civil suit Devin will sue the Warden of the jail (two civil names)
Habeas Corpus Process for State Prisoners to U.S. Supreme Court
• State: Circuit Court – Court of Appeals – Application for Leave to Appeal to State Supreme Court – Petition for Writ of Habeas Corpus, US District Court – US Court of Appeals – Petition for Writ of Certiorari – US Supreme Court
Federal Control of State Criminal Procedure
Under Art III, Sec 1, US Constitution (highest court) and Art III, Sec 2, US Constitution(judicial power over cases involving the Constitution)
-When it involves an interpretation of Constitution and if it goes against the decision of the SC. the Supreme Court can overrule lower courts or federal courts can tell lower courts or states what to do this a fundamental right under the Constitution.
• McNabb v. United States (1943)- Supervisory authority- Although statute provided no remedy for violation, Court exercised its supervisory authority to rule that any confession obtained during unlawful detention was inadmissible even if obtained voluntarily
United States v. Payner- police officer took a bank officer’s briefcase to use against another person. Standing-federal trial court tries to suppress the evidence Supreme Court overrules it.
• Due Process clause of 14th Amendment, passed following civil war, provides: “nor shall any State deprive any person of life, liberty, or property, without due process of law ; …”
Separate, Adequate and Independent State Grounds:
Michigan v Long (1983)
• State court must make a “plain statement” that it is basing its decision on state law to deprive the Supreme Court of authority to review
• Must indicate “clearly and expressly” that its ruling is based on “separate, adequate and independent” state grounds
CEILING- states can giving the citizens more protection from police.
FLOOR- Supre
test – for whether a seizure occurred – is whether a “reasonable person would feel free to decline the officer’s requests or otherwise terminate the encounter.”
• Bostick free to decline test. Remember those bus cases! The suspect has voluntarily placed himself in confined quarters and his freedom of movement is restricted by a factor independent of police conduct. Don’t ask would a reasonable person feel free to leave. Ask whether a reasonable person would feel free to decline the officer’s requests or otherwise terminate the encounter.
*Use for confined areas
** Brendlin v. California- When there is a routine traffic stop who is seized under the 4th Amendment? Both the passenger and the driver are seized apply the Bostick test.
United States v. Drayton- (different in confined quarters) Confinement doesn’t have to do with the police officers because they are on a bus and the new test is reasonable person would feel free to decline the officer’s requests or otherwise terminate the encounter. bus case. The driver of the bus turned the bus over to 3 officers. The officers did not advise the passengers of their right to refuse to cooperate. Officers asked to check D bags. No contraband was found. Officer asked to check his person and he agreed. Pat down revealed hard objects similar to drug packages. Cocaine was taped between their shorts. The majority ruled that this was no seizure because there was no force or authority. Something else needed to happen for 4th Amendment to apply. NOT SEIZED!!
TYPES OF SEIZURES
There are different types of seizures. Seizures are classified based on how intrusive they are. The more intrusive the seizure, then the higher level of proof is needed. (If a seizure occurs you have to determine how reasonable it is).
1. Reasonable Suspicion – lower level of proof – less intrusive seizure – “MINOR LEAGUE SEIZURE” – Terry Type “temporary” (Need RS before seizure)
Ex. Officer asking to talk to you and you submit, cops pulling over a car
RS – the officer must be able to point to specific and articulable facts, taken in together, with rational inferences from those facts, reasonably warrant the intrusion
2. Probable Cause + warrant or warrant exception – higher level of proof – more intrusive seizure /duration longer– “MAJOR LEAGUE SEIZURE”
Ex. Full blown arrest
