Criminal Procedure Skinny Case Chart

Michael Barbee Fall 2010

Professor Nowlin

I.  Incorporation

a.  Duncan – selective incorporation; fundamental right to a jury trial

II.  Search & Seizure

a.  Boyd – cannot search and seize mere evidence; 4th and 5th about CL property rights

b.  Schmerber – 5th = testimonial evidence; 4th requires R determined by PC and SW, privacy

c.  Hayden – overrules mere evidence rule

III.  What is a Search?

a.  Katz – REP test to determine if there is a search, then it must be R to be constitutional

i.  False Friends

1.  White – assumption of the risk so not a search

2.  Hoffa – 4th doesn’t protect misplaced belief that suspect wouldn’t tell gov’t

3.  Lopez – recording conversations is constitutional

4.  On Lee – transmitting conversations is constitutional

ii.  Open Fields & Curtilage

1.  Hester – open fields doctrine; not persons, houses, papers, or effects

2.  Oliver – REP test applies with open fields doctrine

3.  Dunn – gives definition of curtilage and 4 factors

iii.  Aerial & Visual Search

1.  Ciraolo – visual observations that aren’t physically intrusive aren’t searches

2.  Riley – helicopter observation ok as long as no physical damage

3.  Knotts – tracking device on a vehicle is not a search

4.  Karo – tracking device in a home is a search

iv.  Sensory Searches

1.  Bond – squeezes are physically intrusive and thus are searches

2.  Kyllo – thermal imaging is physically searches and thus a search

3.  Place – dog sniffing is not a search b/c no social value

v.  Searches in Other Contexts

1.  Air Pollution Variance Bd. – visual observation of smoke not a search

2.  Hudson – no REP in prison cell so not a search

3.  Rakas – passengers have no REP in glove box so not a search

4.  Class – no REP in VIN from car

5.  Greenwood – no REP in abandoned garbage

IV.  What is a Seizure?

a.  Seizure of Objects

i.  Jacobsen – private actors = no search; seizure of object is when possessory interest

ii.  Skinner – if state encourages, participates, or promotes search then is a search

b.  Seizure of Persons

i.  Mendenhall – use of force or show of authority; heightened coercion

ii.  Royer – example of seizure; DEA holding docs means seizure

1.  Seizure of Persons in Confined Spaces

  1. Bostick – confined spaces standard for seizure
  2. Drayton – example of confined spaces; holding guns not seizure

2.  Seizure of Persons by Submission to Authority

  1. Hodari D. – not seizure until submission to authority
  2. Brendlin – passengers in a vehicle are seized during stops

V.  Exclusionary Rule

a.  Weeks – exclusionary rule of evidence applies to states; remedy and judicial integrity

b.  Wolfe – exclusionary rule does not apply to states b/c not part of due process clause

c.  Mapp – ER is incorporated to the states b/c it is “part and parcel” to the 4th Am.

d.  Calandra – ER is a “judge-made prophylactic rule” to prevent 4th Am. violations

e.  Dickerson – Miranda rule is constitutional rule; ER is parallel to Miranda

VI.  Probable Cause – Is the Search or Seizure Reasonable?

a.  Informants (hearsay)

i.  Spinelli – 2 prong test: veracity and basis of knowledge

ii.  Gates – broadened test to fluid, common sense, TOC test w/ Spinelli test included

1.  Quantum of suspicion is more than a mere suspicion

2.  For arrests – R belief w/ substantial (30-35%) basis for believing a particular person committed a particular crime

3.  For searches and seizures – R belief w/ substantial basis for believing that there is seizable contraband in the place to be searched

iii.  Pringle – example of PC; under TOC there was a R belief that drugs were ∆s

b.  Pretext

i.  Whren – for PC the cop’s subjective intent does not matter

ii.  Devenpeck – PC is sufficient even if for a different crime

VII.  Warrant Exigencies

a.  Hayden – PC plus hot pursuit exigency made search of ∆’s home reasonable

b.  Welsch – there is no cold pursuit exigency and exigency requires more than minor offense

c.  Stuart – search to render emergency medical assistance is sufficient exigency

d.  Vale – search must be substantially contemporaneous to exigency; can’t create exigency

e.  McArthur – seizure of person for fear of destroying evidence was sufficient exigency

VIII.  The Automobile Exception to SW

a.  Maroney – PC plus in an automobile makes a search of the car reasonable

b.  Carney – automobile must be readily mobile, appear used for transp., and on public prop.

IX.  Containers

a.  Chadwick – PC plus container is not enough for search; no exception for containers

i.  The Automobile Exception and Containers

1.  Sanders – can’t search containers in a car

2.  Ross – can search containers in cars b/c auto exception attaches to container

3.  Acevedo – overruled Sanders; PC plus container in car or trunk is R search

4.  Houghton – can search a purse as part of Acevedo holding

5.  Di Re – auto exception doesn’t extend to people’s clothing they are wearing

X.  Warrants

a.  Warrant Requirement for Seizures of Persons

i.  Watson – no warrant required for felony arrest in public; no AW preference

ii.  Gerstein – arrest w/ no warrant requires magistrate to promptly determine PC

iii.  McLaughlin – promptly means within 48 hours of arrest

b.  Full Custodial Arrest

i.  Atwater – officer can make FCA w/o warrant even for minor offenses

ii.  Moore – federal law trumps state law not allowing arrest

c.  Arrests in the Home

i.  Payton – to enter a house w/o SW, must have AW and R belief arrestee’s in house

ii.  Steagald – must obtain AW and SW to enter third party’s house

d.  Searches Incident to Arrest

i.  Chimel – can search person and person’s reaching distance sub. contemp. to arrest

ii.  Robinson – can search containers found on person; supergold case

iii.  Knowles – searches incident to traffic citations not R b/c seizure not FCA

e.  SIA of Vehicles

i.  Belton – cops can search passenger compartment incident to arrest

ii.  Thornton – Belton applies to recent occupants out of car

iii.  Gant – narrows Belton; if arrestee is unsecured and in reaching distance of passenger compartment or R belief that evidence related to crime might be found in vehicle, then no PC or SW to search passenger compartment of vehicle

f.  Protective Sweeps

i.  Buie – no PC or R suspicion required; limited to cursory visual search of places immediately adjoining the place of arrest; R suspicion beyond that

XI.  Stops, Frisks, and the Right to be Secure

a.  Terry – 2-prong test for stop and frisk; R suspicion crime’s afoot and armed and dangerous

b.  Wardlow – R suspicion is an obj. common sense, fluid, TOC analysis requiring articulable facts for basis of suspicion from which R inferences can be drawn; lower than PC

c.  Tips and Terry Stops

i.  White – anonymous tips can form basis for R suspicion

ii.  J.L. – anonymous tips must have predictive details to form basis for R suspicion

d.  Examples of R suspicion

i.  Reed – example of no R suspicion; airport Terry stop

ii.  Royer – example of R suspicion; airport Terry stop

iii.  Arvizu – when developing R suspicion, officers may draw on their experiences

e.  Dickerson – plain touch doctrine; must stop frisk after you determine it’s not a weapon

f.  Sharpe – duration of frisk should only be a few minutes

g.  Dunaway – significant movement and seizure intensity makes Terry stop become FCA

h.  Long – extends Terry stop to include car

i.  Hensley – you can detain someone if you R suspicion they are wanted for a felony

XII.  Exits in Traffic Stops – Seizure w/in Seizure

a.  Mimms – officers can make driver exit the car w/ R suspicion

b.  Wilson – officers can also make passengers exit w/ R suspicion

c.  Johnson – officers can frisk passenger and driver if R suspicion

XIII.  Search Warrants

a.  Ybarra – cannot stop and frisk others on premises of SW; bar case

b.  Summers – you can seize owner of premises you have a SW for

XIV.  Inventory Searches

a.  Lafayette – requirement for post-arrest inventory search: arrest, incarceration, SOP

b.  Bertine – post-arrest inventory search of vehicle ok if Lafayette requirements met

c.  Wells – inventory search of containers in vehicle ok if SOP are in place

XV.  Checkpoints

a.  Brown – balance the subjective and objective intrusion on the individual’s liberty against state interest and the effectiveness of checkpoint in advancing that interest

b.  Sitz – checkpoints are brief seizures that are ok if pass Brown balancing test

c.  Edmund – adds prong 2; primary purpose of checkpoint must satisfy special need

d.  Special Needs Cases

i.  Lidster – checkpoint looking for specific fugitive is ok

ii.  Ramsey – border searches are R; special need in drug and immigration control

iii.  TLO – search of student ok if R suspicion and limited to areas in that suspicion

iv.  Acton – random drug-testing of student athletes is ok

v.  Earls – random drug-testing of students involved in extracurriculars is ok

vi.  Ortega – search of gov’t worker’s office ok if R suspicion of misconduct

vii.  Von Raab – gov’t agents engaged in drug interdiction can be drug-tested

viii.  Skinner – drug and alcohol tests for RR employees involved in accidents ok

ix.  Chandler – candidates for state-elected offices cannot be drug-tested

XVI.  Consent Searches

a.  Bustamonte – search by consent is ok if consent is voluntary; State has BOP voluntary under TOC; look for heightened coercion

b.  Robinette – consent searches during traffic stops are ok

c.  Jimeno – scope of consent search extends to all areas R believed to be w/in scope of consent; objective standard; locked suitcase = no consent

d.  Matlock – co-tenants assume risk of common authority and can consent to search

e.  Randolph – consent by one tenant is not valid if another expressly refuses

f.  Rodriquez – apparent authority to consent in eyes of cops makes consent search R

g.  Bumper – consent b/c of fake SW is submission to show of authority, so no consent

XVII.  Plain View Doctrine

a.  Horton – PVD; lawful vantage point, right of access to object, and seizable nature of the object must be immediately apparent; no requirement of inadvertent discovery

XVIII. Excessive Force

a.  Conner – excessive force can make arrest (seizure) unR; looks to seriousness of crime and threat and degree of suspect’s resistance under TOC

b.  Garner – to use deadly force, must be PC that shows suspect was threat of serious harm, R belief that shooting perp was necessary, and warning given if feasible; usually unR

c.  Scott – speed chase force (deadly force) is basically per se constitutional

XIX.  Standing

a.  Rakas – no REP as passenger in car so no standing to suppress evidence

b.  Rawlings – must demonstrate REP was violated to challenge search; no standing

c.  Olsen – overnight guest in a home has REP in home so has standing to bring claim

d.  Carter – extended Rakas to home; ∆ must show personal REP in home to have standing; social guests in home have no REP (overnight guests have REP – Olsen)

XX.  Fruit of the Poisonous Tree

a.  Independent Source Rule

i.  Murray – independent source rule; requires that no facts obtained from illegal first search were required for magistrate to determine PC for 2nd and motivation for 2nd search didn’t result from first search; but-for and proximate cause

ii.  Segura - ∆ argued that but-for the illegal search he could’ve destroyed evidence

b.  Inevitable Discovery Rule

i.  Nix – independent search would’ve resulted in “inevitable discovery” if not called off b/c of illegal interrogation admission; show by prep. of evidence (>50%)

c.  Attenuation

i.  Brown – lack of proximity of evidence to original taint of evidence (4th Am. violation) means too attenuated and thus evidence is admissible; 5-factor TOC test

ii.  Ceccolini – adds “nature of evidence” factor; if testimony then attenuates faster

iii.  Hudson – policy attenuation; type of 4th Am. violation relevant now; K&A case

d.  Good Faith Exception

i.  Leon – when officer R relies on other’s determinations (magistrates) then FOPT evidence is not suppressed since officer acted in GF

ii.  Kroll – if officer R relies on legislation then evidence is not excluded as FOPT

iii.  Evans – if officer R relies on court clerks then evidence is not excluded as FOPT

iv.  Herring – if officer R relies on police clerk, clerk must be non-negligent or merely negligent for GF exception to apply; if grossly negligent then evidence suppressed

e.  Impeachment Limitation

i.  Walder – evidence suppressed by ER is admissible to impeach if: made during direct, concerned an uncharged crime, and made by ∆ (not witness)

ii.  Harris – modified Walder; took out uncharged crime req.; charged crimes ok too

iii.  Havens – modified Walder; impeaching statement can be on cross as long as w/in scope of questions on direct (opened the door)

iv.  James – impeachment exception only applies to testimony of ∆

XXI.  Confessions and Interrogation

a.  Voluntariness Test

i.  Spano – Voluntariness TOC test: under TOC, did the cops overreach, such that the suspect’s will was overborne; physical force, threat physical force, psych. coercion

ii.  Mincey – example case; confession in ICU involuntary thus inadmissible

iii.  Conelly – ∆ confessed then later said he was mentally insane; cop didn’t overreach

iv.  Chavez – if interrogation shocks the conscience then it’s unconstitutional

b.  Miranda Warnings

i.  Miranda – must be procedural safeguards used during interrogation; prior to questioning must be warned: (1) silent, (2) statement used as evidence against, (3) attorney, (4) one will be appointed. Rights can be waived if voluntary, knowing and intelligent.