Criminal Procedure Before Trial

Review the case file at the beginning of the chapter. • What is your reaction to this case? Was the search reasonable? Was

the arrest reasonable? Was the seizure reasonable? Should Darwood be held accountable for the cocaine and weapon? Discuss and explain your position

Discuss the overlap of criminal procedure and constitutional law. • What amendments are part of this overlap and what are people

protected against through the Constitution. What is Due Process

• What is so special about the fifth and the fourteenth amendment in regards to due process and criminal procedure?

What action is required by police prior to searches as set out by the Fourth Amendment • What information can the police utilize to obtain this document? • What must the police clarify in order to obtain this document?

Vocabulary

Constitution protects the rights of the accused • Fourth – Unreasonable Searches and Seizures • Fifth – Due Process and Protects against self

incriminations • Sixth – Right to counsel / speedy and jury trial • Eighth – Crewel and Unusual Punishment • Fourteenth – Ensures States follow constitution

(incorporation)

Fourth Amendment – Protects citizens against unreasonable searches and seizures • Does not expressly require a warrant for every search but

sets out requirements to obtain a warrant Warranted searches are preferred by the courts.

To Obtain A Warrant • Police must have probable cause that a crime has been

committed • Police must be able to define what person, place or thing

to be searched or seized Warrants can search for:

• Evidence of a crime • Illegal items • Object intended for criminal use

Read Katz v United States on page 373-376 • Answer Case Analysis Questions • The Court indicates that Katz had an expectation

of privacy. What does this mean?

What is probable cause? If the police have probable cause do they need a warrant to search? • What is hearsay? In order to obtain a warrant is hearsay permitted as

a reason to obtain a warrant for a search? When a warrant is issued, who issues it? Why does our

system require it? • Can a warrant later be determined to be invalid? Explain? What is the exclusionary rule? If a warrant is later deemed invalid do you think the the exclusionary rule would

apply? • What are the five elements required for a warrant to be issued

(Application 15.1) Identify the four exceptions to the warrant requirement

and explain their meaning. (application 15.2) • Do you think these are reasonable exceptions? Why or why not?

What is an arrest? What is Habeas corpus Vocabulary

Warrants • Preferred by the courts for searches • Probable Cause must be established Probable Cause – Reasonable belief that evidence to a crime will be

found and that a person should be searched or arrested Does not Require firsthand knowledge or evidence of a crime Hearsay – statements made by a third party who is not present in court

Qualifications for Warrants • Evidence of probable cause must be submitted to indicate that the

items to be seized will be found in the area to be searched • Probable cause must indicate that the items to be seized are

connected to criminal activity • All items to be seized and areas to be searched must be

specifically described • Facts alleged must be sworn to under oath • The warrant must be issued by a neutral third party judge or

magistrate

Despite Warrant Requirements some exceptions exist • Officers may arrest a person caught in the act of a minor

offense • Officers may arrest a person when they have probable

cause to believe he or she has committed a felony • There is the belief that the delay in obtaining the

warrant will allow the suspect to escape or destroy evidence

• Officers may enter private residences when in pursuit of an evading suspect

• Officers may seize illegal items that they see in plain view

Exclusionary Rule • Evidence obtained illegally can not be used in court

Arrest – The physical seizure of a person by the government • Arrests and detentions of individuals are limited by

the Constitution. Habeas Corpus

• Citizens have a right to their freedom Filing a petition of habeas corpus is a challenge to the

legality of one’s detention. It is used to ask the federal court’s to review the state’s reason for a person’s arrest. A writ of habeas corpus is an order from the court to bring a

person before the court to determine if a detention is lawful.

Read the case studies on page Answer all case analysis questions

For Mapp v Ohio • In addition to the case analysis questions Review the case file at the beginning of this chapter,

compare and contrast the case file facts with the facts of the Mapp case. Look for similar facts, differences and factual gaps.

Review google docs for a case titled “Riley v California” and locate the appropriate essay instructions. Begin reading this case tonight (you do not have to finish it) and review the instructions provided for the essay. • A due date will be set in class.

What is an interrogation? What is a confession? What does the constitution say about a persons rights in regards to confessions?

Do criminals have any right to have an attorney? When is this right available to them?

Read the case Miranda v Arizona (396-397) • Answer case analysis questions.

Read The assigned pages (you may skip figure 15-6 and 15-7 on pages 399-405 • Develop a timeline of the process from the point

of investigation to the point of trial Be sure to take careful notice of this this will be the

basis of your test essay question I would suggest including details including pertinent

vocabulary terms. What is a grand jury? When is this

process used? (google) Vocabulary

Knowing the information in this chapter, re-read the case file at the beginning of the chapter. How would you advise Darwood? Were his rights maintained? Explain.

Complete Application and Analysis Question 3 and Assignments and Projects Question 1

Complete Application and analysis Question 1 • The case can be found here:

http://www.law.cornell.edu/supct/html/06-8120.ZS.html

Complete Assignments and Projects Question 5