Criminal Law Final
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| DUE PROCESS | No person shall be deprived of life, liberty, or property without due process of law
- 5th amendment (Federal)
- 14th amendment (State)
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| EXCLUSIONARY RULE | Violation of the procedural safeguards in the Fourth amendment
Exclusion of all evidence produced by the illegal search or arrest
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| Good faith exception to exclusionary rule | Will not bar the use of evidence obtained by officers acting in good faith reliance on a search warrant that is later found to be unsupported by probable cause
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| MOTION TO SUPPRESS: | Pre-trial motion asking court to throw out evidence that has been obtained in violation of constitutional rights.
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| FOURTH AMENDMENT | No unreasonable search and seizure
No warrants shall issue without probable cause
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| Fourth amendment only applies if: | 1. State action (law enforcement, not private individual)
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2. Conduct is either a search or a seizure
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| Whether a person’s conduct is state action depends on | whether person acting as AGENT for state.
Ask:
1. Did gov’t know or acquiesce?
2. Did individual intend to assist the government or further his own interests?
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| Fourth amendment does not apply: | To agents of US outside US borders, even if it involves a US citizen
UNREASONABLE SEARCH AND SEIZURE
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| SEARCH: | any governmental intrusion upon a person’s reasonable and justifiable expectation of privacy
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| SEIZURE: | The exercise of control by the government over a person or thing
An arrest or detention IS a seizure of a person
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| REASONALBENESS: | Whether a seizure of a person is reasonable depends upon the scope of the seizure and the strength of the suspicion prompting the seizure
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| ARRESTS | Since an arrest is a seizure, all arrests must satisfy the requirements of the Fourth Amendment
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| What constitutes an arrest? | Take a person into custody for interrogation or prosecution
By force or show of force
Reasonable Person would not believe he is free to leave
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| PROBABLE CAUSE: | At the time of the arrest, facts and circumstances within officer’s knowledge, and of which he has reasonably trustworthy information, are sufficient to lead a prudent person to believe that the suspect committed or was committing an Offense
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| WHAT IS THE EFFECT OF INVALID ARREST? | Unlawful arrest, by itself, has no impact on a criminal prosecution (is not a defense). But evidence found during a search incident to an unlawful arrest may be suppressed.
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| ARREST WARRANT NOT REQUIRED *Except | for Home arrests.
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| Federal Law-Public Place | Police DO NOT need an arrest warrant to arrest someone in a public place
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| In Texas, need a warrant to arrest unless one of these statutory exceptions: | Felony suspect about to escape;
Commit offense in presence or view of officer;
Suspect found in “suspicious places;”
Property crime suspect found w/ stolen property;
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| In Texas, need a warrant to arrest unless one of these statutory exceptions: | Suspect caused injury to another and risk of further harm to victim;
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| In Texas, need a warrant to arrest unless one of these statutory exceptions: | suspect caused injury to another member of household; suspect who violates protective order; Suspect interferes w/ emergency phone call; or felony suspect who makes voluntary confession
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| If arrest for any offense other than misdemeanor punishable by | fine only
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| HOT PURSUIT | If have probable cause to arrest person who retreats into his home, can arrest w/out warrant in home if necessary to prevent escape or destruction of evidence
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| MUST HAVE PROBABLE CAUSE THAT: | Offense has been committed AND
Person to be arrested committed it
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| GUESS WHAT’s CONSTITUTIONALLY VALID: | --Roadblocks near border to search for undocumented aliens
--Sobriety checkpoints
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| Affidavit to support a warrant | Can include hearsay
Prior police record
Information from an informant
Does not have to meet technical evidentiary standards
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| FRANKS HEARING: | If claim that information in an affidavit was knowingly or recklessly false, court must test the adequacy of the affidavit without the false information (Franks v. Delaware)
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| TERRY v. OHIO Investigatory STOP (Terry Stop) | REASONABLE SUSPICION
Police can detain a person briefly without probable cause.
The detention is not an arrest.
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| TERRY STOP is Permissible when: | 1. Observation of unusual conduct;
2. Leading to reasonable suspicion of criminal activity; and
3. Ability to point to specific and articulable facts to justify the suspicion
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| WHAT IS REASONABLE SUSPICION? | REASONABLE SUSPICION:
No bright line test
Is something less than probable cause, but requires more than “mere suspicion”
Suspicion must be based on specific, articulable facts
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| Scope and Duration of Terry Stop | Temporary and no longer than necessary to accomplish its purpose
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| FRISK (Terry v. Ohio) | Officer may conduct a limited patdown of a person’s clothing if officer reasonably believes he is in danger
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| Minnesota v. Dickerson | (plain feel )
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| Expanded Terry: | In the context of a Terry stop and frisk, contraband doesn’t have to be in view. If a patdown for weapons reveals an object that by feel is immediately identifiable as contraband, it may be seized.
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| CAR FRISK | If police have lawfully detained an automobile and have an articulable suspicion that suspect may have weapons, can search those parts of passenger area that may contain weapons
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| AUTOMOBILE STOPS | Cant stop a single vehicle to check driver’s license and registration unless have a reasonable suspicion
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| AUTOMOBILE STOPS | BUT…….
Even though stopping a person at a roadblock is a “seizure” for purposes of 4th amendment, is not unconstitutional if check every car, or every fifth car, or certain cars according to some neutral standard
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| Delaware v. Prouse | (Roadblocks are valid as long as they serve some legitimate law enforcement purpose)
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| Detention during a lawful search: | When executing a search warrant, police can detain persons present on the premises
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| FOURTH AMENDMENT PROHIBITS | UNREASONABLE SEARCH
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| REASONABLENESS: | Usually requires that a warrant be obtained before conducting search
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| REASONABLENESS: |
• Must have standing to challenge a search under the fourth amendment
• Must have a legitimate expectation of privacy
• Determined on a case-by-case basis based on the totality of the circumstances
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| Always have standing when: | • Own or have right of possession to place searched
• Was person’s home
• Overnight guest of place searched
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| Legitimately on premises | • Own or have right of possession to place searched
• Was person’s home
• Overnight guest of place searched
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| If NO warrant, search is unconstitutional unless one of the exceptions is present. | • Be based on probable cause
• Supported by oath or affirmation
• Particularly describe what is to be searched and seized
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| Search Warrant does not allow: | • Search of persons who are on the premises but not named in the warrant
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| Detention during a lawful search when executing a search warrant, police can detain persons present on the premises | Supreme court used to analyze 4th amend applicability to searches based on whether the place searched was a place protected by the Fourth Amendment i.e. private property
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| KATZ v. U.S. | 4th Amendment protects:
PEOPLE not PLACES Katz Says: Search falls within protections of Fourth Amendment when government intrudes into an area where a person has a REASONABLE EXPECTATION OF PRIVACY
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| No expectation of privacy in objects held out to the | PUBLIC
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| Things held out to PUBLIC: | • Handwriting
• Sound of person’s voice
• Telephone numbers dialed (pen registers)
• Bank records
• Paint on outside of car
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| Oliver v. U.S. OPEN FIELDS DOCTRINE : | No expectation of privacy in open fields
Open fields = areas outside “curtilage”
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| CURTILAGE: | Dwelling house and nearby outbuildings
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| NOT ALL OUTBUILDINGS ARE CONSIDERED CURTILAGE Depends upon: | • Proximity to home
• Whether within enclosure that surrounds home
• Steps taken to prevent observation
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| FLY OVERS: | • Different than physical invasions of curtilage
• Police can fly over as long as within air space where public is allowed
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| No Expectation of privacy in | abandoned property
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| EXCEPTIONS TO WARRANT REQUIREMENT | • Search incident to lawful arrest
• Automobile exception
• Plain view exception
• Stop and frisk exception
• Consent exception
• Emergency Exceptions
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| Search Incident to Arrest | Can conduct a search without a warrant after a lawful arrest
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| What is lawful arrest? | • With a warrant or
• Based on probable cause
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| What can be searched? (Incident to arrest) | • Full search of the person arrested
• Areas within person’s immediate reach (wingspan)
• Protective sweep of areas immediately adjoining place of arrest (where persons could be found)
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| AUTOMOBILE EXCEPTION | Must have PROBABLE CAUSE that moving vehicle or one that has temporarily stopped, contains fruits or instrumentalities of crime
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| HOW CAN PROBABLE CAUSE BE DEVELOPED AFTER A VECHICLE STOP? | Probable cause can develop after stopping vehicle…
• If stop was lawful, what police observe can “ripen” into probable cause sufficient to justify warrantless search of vehicle
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| HOW CAN PROBABLE CAUSE BE DEVELOPED AFTER A VECHICLE STOP? | The Exigency of Car’s mobility
• Excuses failure to get a warrant and can search ENTIRE car
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| PLAIN VIEW EXCEPTION | Police CAN seize items in plain view without a warrant if they are legitimately on the premises
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| STOP AND FRISK EXCEPTION | To warrant requirement (Terry Frisk)
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| CONSENT EXCEPTION | Police can search without a warrant if a voluntary consent is given (limited to scope of consent)
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| Any person with an equal right to use or occupy the property may | consent to search!!!
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| EMERGENCY EXCEPTIONS | • hot pursuit
• Evanescent evidence (evidence likely to disappear)
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| ADMINISTRATIVE SEARCHES | Don’t need to show violations, just a general and neutral enforcement plan justifies issuance of a warrant
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| EXCEPTIONS TO WARRANT REQUIREMENT FOR ADMINISTRATIVE SEARCHES | Airport exception
Contaminated food exception
Highly regulated industries exception (liquor, guns, strip mining, automobile junkyards
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| PUBLIC SCHOOL EXCEPTION | • School officials do not need a warrant to conduct a search at school.
• They only need REASONABLE grounds for their search
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