Please enable JavaScript.

Coggle requires JavaScript to display documents.

Criminal Procedure - Coggle Diagram

- - - - Grand jury proceedings
      - Parole revocation hearing
      - Impeachment purposes
      - Civil proceedings such as immigration
    - - Reasonable good faith reliance on facially valid warrant, although later found to be lacking probable cause
      - Clerical errors by court employees in maintaining records such as arrest warrants
      - Knock and announce violation
      - Isolated negligence by police in maintaining records such as arrest warrants
    - - Independent source for obtaining evidence
      - Inevitable discovery
      - Attenuation
- - - - Any statements can be used against you
      - Right to counsel before and during questions
      - Right to remain silent
      - If you cannot afford a lawyer, one will be appointed for you
    - - Thus, if the first interrogation was invalid as without warnings and then a valid confession occurs in a second interrogation, that confession will be admissible with proper warnings and proper waiver
- - - - Warrants are not required for arrests in public if supported by probable cause
      - While felonies only require probable cause, misdemeanors require both probable cause and that the misdemeanor was committed in the presence of an officer
      - Warrants are required for arrests in private, such as the person's home, unless an exception applies. If the person is in someone else's home, then a search warrant and an arrest warrant are necessary
      - The seizure of a thing requires a meaningful interference with a possessory interest in the thing
    - - If probable cause, is a warrant required?
        
        A warrant must also have:
        
        Oath or affirmation
        
        Detached and neutral magistrate
        
        Particularity - sufficiently definite for police to identify persons, places, or items to be searched or seized with reasonable certainty. Particularity must be on the face of the warrant or an incorporated affidavit
      - Warrant exception apply?
        
        Plain view - police may seize an item they see in plain view or can "plain feel" if they have authority to be where they are and the item is connected with criminality
        
        Consent - voluntary under totality of circumstances. May not be coerced and not merely acquiescence to authority. May not search home over present objection of co-occupant. Any illegal stop invalidates a subsequent consent
        
        Exigent circumstances - police have reasonable belief to believe delay in obtaining warrant would result in evidence destruction, danger to public or police, or flight of suspect
        
        Automobile search - probable cause that any area of car to be searched (including containers) harbors evidence of criminality
        
        Search incident to lawful arrest:
        
        Person - contemporaneous search of person, lunge area, and containers for weapons or evidence
        
        Car
        
        No search unless reasonable belief that arrested occupant or recent occupant may access car; OR
        
        Reasonable belief that car contains evidence of crime of arrest (not speeding)
        
        Home - during the time it takes to complete arrest, may conduct a protective sweep for accomplices in adjoining rooms if reasonable suspicion of danger
        
        Inventory - within scope of a reasonable and routine written policy or procedure to protect valuables, police, and public. Police may inventory contents of possessions at time of booking and automobiles after impoundment
        
        Terry:
        
        Stop - reasonable suspicion that suspect is engaged in criminal activity based on specific and articulate facts. Reasonable suspicion is less than probable cause, but more than a hunch.. Brief detention only
        
        Frisk - Terry Stop plus reasonable suspicion that suspect is armed and dangerous. May not frisk for evidence, only weapons. Pat-down only
      - If no probable cause, does exception make search reasonable?
      - Execution of a warrant proper?
        
        Execution of the warrant must be reasonable. Before the search, police must knock and announce their presence and purpose before entering the premises unless they have reasonable grounds to believe it would be dangerous or futile
        
        The requirement to knock and announce is also suspended if the police have reasonable grounds to believe evidence would be destroyed.
        
        During the search, police may take reasonable steps to secure the premises, including temporarily detaining individuals at the scene and ordering occupants out of a car
      - Probable cause exist?
        
        Is there information causing a reasonable person to conclude is it more probable than not that evidence, a person, or contraband of a crime will be found?
        
        Reliable information (history)
        
        Independently corroborated (police observation)
        
        Credible information (details)
      - Standing to protest?
        
        The only person who can challenge the constitutionality of a search or seizure is the person who was searched or seized. Thus, the accused has no standing to assert an unconstitutional search and seizure defense when the search occurred in a friend's home, where the accused has no reasonable expectation of privacy
        
        Whether the accused has a reasonable expectation of privacy is determined by the totality of the circumstances, and the accused has to the burden to prove this exception. An expectation of privacy always exists (1) where the person has a right of possession, (2) where the place searched was the defendant's home, and (3) when the defendant was an overnight guest in someone else's home.
      - Government actor?
        
        The U.S. Constitution is designed to limit government actions, not the actions of private parties unless the private person is acting as an "instrument or agent of the government." Thus, the first step is to determine if the person searching is a government actor or a private party acting as an agent of the government
        
        No constitutional violation will exist unless the individual had a reasonable expectation of privacy and either the government actor did not have a valid warrant or they executed an invalid warrantless search
      - Evidence suppressed?