Criminal Procedure Outline

Criminal Procedure Outline
Three standards for this course;
            1. Proof beyond a reasonable doubt – conviction
            2. Probable cause – warrant or arrest
            3. Reasonable suspicion – detention
 
 
I. The Fourth Amendment
 
Basics
1.      Scope
                                             i.            Category of person who are searched
                                           ii.            The nature of persons who do the searching and seizing
2.      Does not apply to private activity. Must be an agent of government
3.      Two clauses
                                             i.            Reasonableness clause – provides a general standard that all searches and seizures must be reasonable
                                           ii.            Warrant Clause – predominates reasonableness clause
·        warrant must particularly describe the place to be searched and the things to be seized
·        must be approved by a detached magistrate
 
When warrant and probable cause are not needed, the exceptions
1.      where warrant is impracticable to obtain (not an exception to probable cause)
2.      where the police conduct a limited seizure to investigate possible criminal activity and a limited search for weapons to protect the investigating officer (Terry Stop)
3.      where the official is searching for evidence, but the search is conducted for purposes other than criminal law enforcement (special needs searches)
4.      where search is incident to a valid arrest
5.      where there is voluntary consent
6.      where the citizen is arrested in public (arrest warrant not required, but PC is)
7.      where an incriminating object is in plain view or plain touch, it may be seized w/o a warrant (PC still required)
8.      When the officer searches an automobile or other form of transportation (only applies to warrant, PC still needed.
 
What is a search and seizure?
1.      Search – whenever the state intrudes in any way upon the individuals protected interest in privacy
2.      The Katz Test – 4th amendment designed to protect legitimate expectations of privacy, personal security, and possessory interests in property, it protects people and places
3.      Harlan’s 2 pronged test for expectation of privacy;
                                             i.            a person have exhibited an actual (subjective) expectation of privacy, and
                                           ii.            that the expectation be one that society is prepared to recognize as “reasonable” (objective)
4.      After Katz, if an aspect of a person’s life is subject to public scrutiny, then there is legitimate expectation of privacy. There is no search if the police obtain information that members of the public could foreseeably obtain
5.      Dog Sniffs – Considered sui generis (unique)
                                             i.            Sniffs are not a search, they do not fall under the 4th amendment, no warrant or probable cause needed, and th