Crim Pro.txt

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Crim Pro.txt
2011-07-19 14:29:42
Criminal Procedure Fourth Amendment

Crim Pro
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    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 w/o probable cause w/o oath or affirmation and particulary describing place to be searched and the person or things to be seized
  2. Warrant Requirement
    • 1.) neutral & detached Magistrate
    • 2.) based on P/C submitted to magistrate by affidavit
    • 3.) Particulary describe place to searched and things to be seized.
  3. Probable Cause
    • Circumstances or facts leading reasonable person to beleive that crime is being or about to be committed.
    • Based on officers 4 abilities: CEOI
  4. Internal Sources of P/C
    • Circumstantial = patterns and circumstances
    • Experience = knowledge, familar area-patterns etc.
    • Observation = sight, hearing, feeling, smelling
    • Information = bulletin, briefings, informants, witness'
  5. Sources of P/C (external)
    • Furtive
    • Real evidence (buglary tools, gun)
    • Ownership (expressed) of contraband
    • False information
    • Present at crime scene
    • High Crime area (week, would support ad'l factors)
    • Criminal history, failure to protest, associations
  6. Sources of P/C (external)
    • Informant
    • Aguilar Test = 1) affdvt of knowledge 2) officer cosign
    • Spinelli Test = 3) Police corroboration
    • Gates Test = T.O.C, subjective, and objective standard
  7. Franks v. Deleware
    (challenging basis for warrant)

    D must prove deliberate false statement was knowingly and intentionally made or w/ reckless disregard of truth
  8. Anticipatory Warrants
    United States v. Grubbs (2006)

    Anticipatory warrants are no different in principle from ordinary warrants.
  9. Maryland v. Garrison
    If officers mistakenly search wrong premises in good faith, search is not neccessarily unconstitutional nor will fruits be suppressed.
  10. Knock & Announce
    Wilson v. Arkansas

    K & A principle is part of the Fourth Amendment
  11. Justifiation of no Knock & Announce
    Must have reasonable suspicion K & A under the circumstances would be dangerous or futile. I.E., destruction of evidence or Danger
  12. Katz v. United States (1967)
    What a person seeks to preserve as private in areas accessible to public may be constitionally protected.

    REOP = (1) subjective (2) objective
  13. Open Fields Doctrine
    areas outside the curtilage are subject to police entry and search.
  14. California v. Greenwood (1988)
    What a person knowingly exposes to the public, even in his own home is not suject to Fourth Amendment protection.
  15. Warrant Exceptions
    • SILA
    • Inventory Exception
    • Plainview
    • Automobile Exception
    • Consent
  16. Warrant Exceptions
    • Boarder Searches
    • Administrative
    • Stop n Frisk
    • Special needs
    • Exigent Circumstances
  17. Automobile Exception
    • Police must have p/c to stop for traffic violation
    • Must have p/c to believe contraband is in vehicle
    • Search limited to passenger compartment
  18. Inventory Exception
    • Protects owners and police; theft/liability.
    • Any evidence obtained limited to procedural policy of agency.
    • Does give way to “plainview” exception.
  19. Boarder Search Exception
    • Only need reasonable suspicion search, nothing needed to stop
    • Only Body Cavity search is off limits w/o warrant.
  20. Consent Exception
    Must have apparent or implied authority to consent.

    Knowing, Intelligent, Voluntary (free of coercion).

    Gestures cannot be used as consent
  21. Plain View Exception
    (Portland v. California)
    Inadvertent discovery where officers lawfully present.

    Uses senses (sight, feel, smell, touch) to discover crime being committed or contraband.
  22. Stop and Frisk
    (Terry v. Ohio)
    • Must have reasonable articulatable suspicion more than a hunch
    • May frisk outer areas for weapon.
    • If subsequent P/C arises, may arrest then SILA
  23. Arrest
    in home = warrant requred

    Must have P/C , have knowledge reasonably trustworthy facts sufficient to warrant a reasonably prudent person to believe crime will be or is being committed.
  24. Arrest (home of 3rd party)
    Police cannot excute arrest warrant in 3rd party home w/o a valid seperate search warrant.
  25. Investigative Detention - Stop & Frisk
    • Reasonable articulatable suspicion of criminal activity/involvement (stop)
    • -Must be breif, verify officer suspsicion

    • Reasonable suspicion suspect armed (frisk)
    • -can reach in and seize items reasonbly believed contraband
    • -may NOT manipulate item to identify
  26. Reasonable Suspicion
    • -Totality of circumstances
    • -More than hunch, less than probable cause
    • -Police personal knowledge, flyer, informant etc.