Crim Pro I - Criminal Procedure Outline I Fourth Amendment...

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Criminal Procedure Outline I. Fourth Amendment A) Prohibition against unreasonable search and seizures 1. Wolf v. Colorado, 1949 B) Exclusionary Rule 1. Prohibits use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant 2. Mapp v. Ohio, 1961 II. Fifth Amendment A) Bar Against Double Jeopardy 1. Benton v. Maryland, 1969 B) Privilege Against Forced Self Incrimination 1. Malloy v. Hogan, 1964 III. Sixth Amendment A) Right to a Jury Trial 1. Duncan v. Louisiana, 1968 B) Right to a Public Trial 1. In re Oliver, 1948 C) Right to a Speedy Trial 1. Klopfer v. North Carolina, 1967 D) Right to Confront Witnesses 1. Pointer v. Texas, 1965 E) Right to Compulsory Process to Obtain Witnesses 1. Washington v. Texas, 1967 F) Right to Assistance of an Attorney in Felony Cases 1. Gideon v. Wainwright, 1963 I. Criminal Procedure A) Stop 1. In custody or not B) Arrest 1. With or without a warrant 2. With or without a search 3. With or without questioning C) Booking / Interrogation 1. identification procedures 2. with or without a search D) Initial Appearance 1. Felony cases: (a) Informs criminal of rights (b) Appoint attorney if needed (c) Prosecutorial discretion begins 2. Misdemeanors: (a) sometimes, the trial begins here E) PreTrial Procedures F) Trial G) Verdict H) Sentence I) Appeal J) Collateral Attack – Petitioning for Writ of Habeas Corpus 1
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Fourth Amendment I. When is the fourth amendment implicated? A) PERSON 1. Foreign property of nonresident alien is not covered by the fourth amendment. Verdugo- Urquidez 2. Undocumented aliens probably are covered by 4 th amendment. Living in the US is probably a significant enough connection for the Verdugo court. B) GOV’T OFFICIAL IN OFFICIAL CAPACITY 1. Soldal 2. Private Persons (a) If a private person violates the 4 th amend., the government can use the results. (Private papers taken from safe blown open, desk drawers forced open) Burdeau v. McDowell (b) Private persons can be government agents, in which case they are bound by the fourth amendment. Skinner (c) An airline employee was an agent because the DEA encouraged the action and the employee expected a reward. Walther 3. Subsequent Searches (a) Subsequent search by gov’t implicates 4 th amend. Walter (b) A partial invasion does not justify a larger invasion. (c) Reopening packages is NOT a subsequent search. It’s ok to reopen what you already opened. Jacobsen (d) Reopening after a controlled delivery is valid. Andreas (i) Customs found drugs, resealed package and mailed it. D received package, takes it into house and cops search without warrant. OK. (ii) The 4 th amendment would be implicated only if there is a substantial likelihood that the contents changed during delivery. 4. Foreign Gov’t Searches (a) Unless subsequent involvement by US cops or extreme circumstances.
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