Fourth Amendment
Arrest Warrant
Issued by detached/neutral magistrate
Upon finding of PROB CAUSE
Describe w/particularity the D & crime
*Deficient warrant does not invalidate arrest as long as there was prob cause
NOT needed in public place or for felony/misdemeanor in arresting party's presence
What does the right against self-incrimination cover/apply to?
Testimonial evidence only! (physical evidence not protected)
Applies to civil/criminal, formal/informal proceedings if answers provide reasonable possibility of incriminating D in future crim proceeding
*Doesn't cover voluntary statements*
Errors as grounds for reversal
Errors -> generally must have been timely preserved for consideration on appeal
- harmless error will not serve as grounds for reversal
- Plain Error -> D who failed to preserve claim is entitled to appellate relief when 1) DC committed error under law in effect at the time the appeal is heard; 2) error is obvious under that law; 3) error affected the D's substantial rights
What does the Sixth Amendment give you?
Right to speedy & public trial
Impartial jury - drawn from fair cross section of community & unbiased
Confrontation - face2face & cross adverse witness
Compulsory Process - power to subpoena favorable witnesses
assistance of counsel
Non-adversarial Hearing
Probable cause to detain
Must be held w/in 48 arrest to determine PC
Fourth Amendment guarantees D right to be released if no PC
No remedy if detention is unlawful (other than exclusion of evidence)
Search warrant
The gov't needs a search warrant to conduct a search if there is a reasonable expectation of privacy (home, hotel, offices, luggage, & vehicle, to a limited extent)
Requirements:
1) Must be issued by a neutral magistrate
2) Based on probable cause to believe that the items sought are fruit, instrumentalities, or evidence of crime
3) Must describe the property & place to be searched w/particularity
In custody?
Person being questioned has been arrested or is otherwise not free to leave (back of police cruiser, etc.)
**If person is NOT in custody, no warning is required & any statement (or silence) can be used
Right to Counsel on Appeal
Reminder: Appeals not guaranteed by constitution
First appeal as of right -> D is guaranteed equal protection & right to counsel (but atty may withdraw! + no right to self-rep)
Discretionary Appeal -> indigent D does not have right to appnt of counsel unless conviction was based on a guilty or nolo contendere plea
Offense Specific - Blockburger Test
Offenses are NOT the same if each offense requires proof of an element the other does not
> no right to counsel attaches unless formally charged
Entering a Guilty Plea
Must be made: intelligently & voluntarily, in presence of the judge
Judge must then advise D & determine that plea is not due to force or promises other than in plea agreement
Under federal rules, judge must determine there is some factual basis for the plea
Facts supporting a probable cause finding for a search warrant
Officer's personal observations
information from reliable, known informants or verified u/k informant
evidence seized during stop & based on reasonable suspicion; discovered in plain view; or during consensual search
What's in an interrogation?
Either the govt' official is asking questions OR engaging in other words/conduct that police know/should know will elicit a response
Apprendi Doctrine
Prohibits judge from enhancing criminal sentences beyond the statutory maximums based on facts OTHER THAN those decided by the jury beyond reasonable doubt
*Many statutes give judges wide discretion on sentencing
EXCEPTION -> sentence enhancement based on prior FELONY conviction need not be found by jury
When do you have a right to counsel?
Applies to ALL felony prosecutions & any misdemeanor prosecutions in which jail time or suspended jail sentence is imposed
Exceptions to compliance with Miranda warning
Public safety
Routine booking questions
Undercover police
What constitutes a search?
Physical-trespass test -> physical intrusion upon a constitutionally protected area to obtain information
*police can briefly intrude upon curtilage in same manner as ordinary visitor BUT - entering in unusually manner for uncommon purpose constitutes a search. Ex: dog sniff
W/out physical intrusion: technology (thermal imaging; tracking device w/out consent; collecting cell-site info, etc.)
What does the Fifth Amendment protect?
Prohibition against compelled self-incrimination
Right to grand jury indictment
Double Jeopardy clause - bar against multiple prosecutions for same offense (NOT AGAINST DIFFERENT SOVEREIGNS)
Due process - protection against unfair deprivation of life, liberty, or property
Double Jeopardy (hah!)(when it does or doesn't apply)
Protection against prosecution for:
same offense after acquittal
same offense after conviction
MULTIPLE prosecutions/punishments for same offense
Doesn't apply when:
different victims -> separate offenses
Separate sovereign rule -> each separate sovereign can try the defendant separately
How to waive counsel
knowingly
intelligently
voluntarily
Exclusionary Rule & Exceptions
Prevents introduction at crim trial of evidence UNLAWFULLY seized
Main Exception - Good Faith
> Applies to police relying in objective GF on either facially valid warrant later found invalid; or existing law later held unconstitutional
Other exceptions:
Inevitable discovery
Independent Source (unrelated to tainted evidence)
Attenuation - passage of time and/or intervening events may purge primary taint
DOUBLE POINTS:
Exceptions to Search Warrant Requirements
Exigent Circumstances (hot pursuit; immediate danger)
Search incident to arrest (limited to immediate area around individual; within reach of passenger compartment; DNA)
Consent (no need to warn them of right to refuse - can involve deception)
Cars (if cops have P/C to believe car has contraband - can search those parts of the vehicle that might contain contraband, even w/out arrest)
Plain View (if cops legally present, can seize ANY item in plain view - even if not named in warrant)
Evidence obtained from admin search (compliance w/administrative regulations)
Stop & Frisk (reasonable suspicion - limited search for weapons)
Consequences of Violation?
If statement was obtained involuntarily -> it is NEVER admissible against def
Evidence obtained as a result is presumptively inadmissible*Fruit of poisonous tree*
If statement made in violation of Miranda -> admitted to impeach def
Evidence obtained as a result is also admissible
Double Jeopardy Exceptions
No attachment of jury (not impaneled & sworn in OR judge did not begin to hear evidence)
Mistrial (requested by D OR based on manifest necessity)
Appeal -> appellate court discovered trial error & remanded case
New Facts -> facts necessary for greater offense did not exist at first trial
Guilty plea to lesser offense -> greater offense was charged at time of plea to lesser offense
Right to Counsel:
Critical stages v. Noncritical stages
Critical:
Post-indictment: lineups, in-person ID, interrogation
Arraignments, prelim hearings, bail hearings, pretrial motions
Plea negotiations & hearings
Trial & sentencing
Noncritical Stages:
Pre-charge lineups
photo-array ID
fingerprinting, handwriting & voice exemplars, blood samples
initial appearances, hearings to determine probably cause to detain def
discretionary appeals
post-conviction proceedings (parole, or probation hearing)
Grand Jury
D has NO RIGHT to present/confront witnesses or introduce evidence
No dismissal due to procedural defect unless substantial impact on decision to indict
Intentional racial discrimination in selection of grand jurors results in overturn of conviction