Someone recently bought our

students are currently browsing our notes.

X

Crim Pro Checklist How To Get A Credit In 4 Pages Outline

Law Outlines > Criminal Procedure Outlines

This is an extract of our Crim Pro Checklist How To Get A Credit In 4 Pages document, which we sell as part of our Criminal Procedure Outlines collection written by the top tier of Harvard Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Searches/ Seizures of Property 1) Does the defendant have a Fourth Amendment Right to the property?
a) Reasonable Expectation Test [Katz, White, Carpenter, Knotts]: Actual subjective expectation of privacy & that expectation is one society is prepared to recognize as "reasonable" or
"legitimate"
b) Trespass Analysis [Jones, Jardines]: Physical intrusion by the government into a constitutionally protected area to obtain information c) Specific Applications: Open Fields, Aerial Searches, Technology, Trash, Dog Sniffs 2) Did the police have a valid warrant?
a) Issued by a Neutral and Detached Magistrate [Lo-Ji Sales v. NY]
b) Probable Cause: A reasonably prudent officer has enough trustworthy facts to believe that a suspect has committed a crime. ⅓ probability is sufficient [Pringle]
i)
Totality of circumstances inquiry [Ill v. Gates] & Objective standard so actual motive of officer is irrelevant [Whren]
ii)
Can be justified by an objectively reasonable mistake of fact or law [Heien]
c) Particularity Requirement: Warrant itself must particularly describe place to be searched &
items to be seized [Groh v. Ramirez]
d) Valid Execution: Was the warrant properly executed?
i)
Reasonable mistakes=ok [Garrison, Rettele]
ii)
People present while premises are being searched: Can't be searched [Ybarra] but can be detained [Summers] & handcuffed [Muehler] if in immediate vicinity [Bailey]
iii)
Must Knock and announce before search [Wilson v. Arkansas] UNLESS have RS that,
under particular circumstance, knocking and announcing would be dangerous or futile or that it would inhibit the investigation, i.e. lead to destroyed evidence [Richards]
3) Does it fall under one or more exceptions to the warrant requirement?
a) Exigent Circumstances [Hot Pursuit, Safety, Preventing Destruction of Evidence]
i)
Hot Pursuit: Search is limited to what's reasonably necessary to prevent suspect from resisting/escaping [Hayden] & Can't go into home for routine arrest [Payton]
ii)
Safety/Emergency Aid: objectively reasonable belief, under a totality of the circumstances, that a home's occupant would be imminently threatened or seriously injured [Stuart]
iii)
Preventing Destruction of Evidence: police have reason to believe evidence is being destroyed AND officers didn't create exigency through actual or threatened 4A violation
(knock and announce doesn't count) [KY v. King]
b) Plain View: Police can make a warrantless search/seizure if they: a) Are legitimately on the premises, b) See evidence of a crime in plain view, c) Have probable cause to believe the item is evidence of a crime (i.e. the item has an immediately incriminating characteristic) [Coolidge]
i)
Police can use all senses, including touch [Dickerson] but cannot manipulate area,
otherwise counts as additional search [Dickerson/Hicks]
c) Automobile Exception: Police can make a warrantless search of a car if they have probable cause that it contains evidence of criminal activity [Carroll v. US]
i)
If police have probable cause to search the car, can search entire car + all containers within car that might contain object police are searching for [US v. Ross]
(1) "All containers" include personal belongings (purse) of passengers because they too have lower expectation of privacy [WY v. Houghton]
ii)
BUT if police only have probable cause to search a container recently placed in a car,
police can search that container, but not other parts of the car until they have PC for whole car [Acevedo]
d) Searches Incident to Arrest: Police can make a warrantless search of a person and the area within their immediate control when making an arrest [Chimel]

Buy the full version of these notes or essay plans and more in our Criminal Procedure Outlines.