1 Az Crim Procedure

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AZ Crim. Proc:

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Consists of AZ Rules of Crim. Pro, 4th, 5th, 6th, 8th Amendments as applied by 14th Amendment, and the Arizona Constitution.

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GENERAL: Unreasonable Search and Seizure

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1) 4th Am: Protects from unreasonable searches and seizures by gov't officials.
2) If D's 4th, 5th, 6th Am. rights are violated in connection with crim. prosecution, EXCLUSION (plus exclusion of all fruit of the poisonous tree) is the appropriate
remedy.
-Search and seizure of person under 4th Am must be accompanied by PC AND a warrant, unless warrant exception applies.
REMEDY: Exclusion

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GENERAL: Miranda Warnings

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1) Warnings required if person subject to custodial interrogation.
REMEDY: Exclusion.

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Exclusionary Rule

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Court created doctrine to suppress evidence acquired in violation of D's rights under 4th, 5th, 6th amendments, applicable to states through 14th Amendment.

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Standing to Assert Constitutional Claim

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Defendant must have standing, which generally requires that his personal rights were violated, and he's not seeking to use the violation of another's rights vicariously.
Person must have had a REASONABLE expectation of privacy in the things searched or the item seized.

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Fourth Amendment Protections

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Protects individuals from unreasonable searches and seizures by government actors.
Search requires a VIOLATION OF A REASONABLE EXPECTATION OF PRIVACY.
Seizure requires MEANINGFUL INTERFERENCE WITH OR DEPRIVATION OF person's possessory interest.
4th Am requires searches be conducted subject to a warrant based in PC. Warrantless searches are presumptively unreasonable, and must be justified by a recognized exception to the warrant requirement.

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Reasonable Expectation of Privacy

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1) Reasonable expectation of privacy when considered in the totality of the circumstances with regard to the place searched and the things seized.
Legitimate expectation of privacy:
a) Where he has ownership or possession of place searched.
b) In his home
c) Where he is an overnight guest of the place searched
NO reasonable expectation of privacy in things held out to the general public.

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Proper Warrant:

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Warrant must be based on probable cause, precise on its face, issued by a neutral and detached magistrate.
To establish PC, officer must submit an affidavit of facts enabling the magistrate to make a decision on PC without relying on the officer's conclusions.
Warrant must describe with reasonable precision the place to be searched and the things to be seized.
Warrant must be served without undue delay, usually after announcement (evanescent evidence exception) and things seized must be in the scope of the warrant.
Police may seize any contraband or fruits or instrumentalities of crime that they discover--whether or not specified in the warrant.

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Invalidating Facially Proper Warrant

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1) Officer intentionally or recklessly included a false statement in the affidavit that was material to the finding of probable cause
2) Magistrate ceased to function as "neutral and detached"

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Good Faith Reliance

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Facially proper warrant
Officer relies on case law or statute later ruled unconstitutional, or on clerical error NOT made by police.

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Four Exceptions to Good Faith Rule

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1) Affidavit so lacking in PC that warrant could not have been reasonably relied on.
2) Facially defective
3) Officer lied or deliberately misled magistrate
4) Magistrate wholly abandoned neutral role.

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Exceptions to the Warrant Requirement
Search Incident to Arrest

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1) Search incident to lawful arrest. Wingspan search-includes passenger compartment of car. CONTEMPORANEOUS with arrest.

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Exceptions to the Warrant Requirement
Automobile Search

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2) Automobile Exception: If police have PC to believe that a car contains contraband or evidence of a crime, they may search without a warrant. If police only have PC to search a container in a vehicle, search is limited to container. Must be contemporaneous with arrest of person or stop of automobile

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Exceptions to the Warrant Requirement
Plain View

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3) Plain View: Police legitimately on premises may seize evidence in plain view with PC to believe item is evidence of a crime, contraband, or a fruit or instrumentality of a crime.

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Exceptions to the Warrant Requirement
Terry: Stop and Frisk

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4) Stop and Frisk: Terry "reasonable, articulable suspicion of criminal activity or involvement in a completed crime" --INCLUDING traffic violations. If police have reasonable suspicion that the person is armed/dangerous, they may do a pat-down for weapons. Detain no longer than necessary. If PC for arrest is discovered, detention becomes arrest.

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Exceptions to Search Warrant:
Consent

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5) Consent: Voluntary and intelligent consent. Police do NOT have to tell D that they can withhold consent.

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Exceptions to Search Warrant:
Exigent circumstances

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Otherwise illegal warrantless search is valid if circumstances make ti impractical or unreasonable for officer to obtain warrant:
e.g. evanescent evidence.
Emergency that justifies warrantless search defines the permissible scope and there must still be PC.

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ARREST:
Seizure

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Seizure occurs when a reasonable person would believe that she is not free to leave or terminate her encounter with the government.

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Arrest:

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Occurs when police take a person into custody against her will for prosecution or interrogation, or when there has been a deprivation of freedom of action to a degree associated with formal arrest.
Warrantless arrests require PC.

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Probable Cause for Arrest

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PC to arrest exists when police possess sufficient facts under the circumstances to justify a reasoanble belief that an offense has occurred and the arrestee is the one who committed it.

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Warrantless Arrest:

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Warrant not generally required before arrest in public place.
Police generally must have a warrant to affect a non-emergency arrest of a person in his home.
Warrantless arrests valid when supported by P.C. but presumptively INVALID when carried out in the home--must be justified by recognized exigent circumstances. Hotels are treated like homes for the purposes of 4th Amendment.

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Stop and Frisk: Terry

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Police may stop a person without PC for arrest if there's a reasonable, articulable suspicion that a crime has been committed or criminal activity is afoot. If police also have reasonable suspicion that the person may be armed, they may pat him down outside his clothing for weapons.
Detention must be no longer than necessary to conduct a limited investigation on the suspicion. IF PC for arrest arises during the course of the stop, the detention becomes arrest.

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Traffic Stop:

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Police must believe that traffic offense committed. They may stop the suspect's car, even if their ulterior motive is to investigate whether some other law--which the lack reasonable suspicion sufficient to stop--had been violated.
PC NOT REQUIRED FOR TRAFFIC STOP.

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Vehicle Search

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Warrantless search of passenger compartment permissible by officer who detains occupants, provided the scope of the search is limited to the area where a weapon might be concealed, and officer has a reasonable belief that the occupant is dangerous. If officer has lawfully detained a vehicle for a traffic violation, he may order the occupants out and still perform a search for weapons.

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Confessions: Miranda

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5th Am protects against compelled self incrimination. Under Miranda, suspect entitled to be informed of his right against compelled self-incrimination, right to atty, use of statements.

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Miranda: "Custody"

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Occurs when there has been a deprivation of freedom of the degree associated with a formal arrest. Interrogation is express questioning or any words or action on the part of the police that they should know are reasonably likely to elicit an incriminating response.
Once person is in custody, s/he must be advised of Miranda rights before questioning can occur.

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Miranda: D's invocation of rt. to silence

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Once D has invoked the right to remain silent, police must cease questioning immediately.
Police may resume interrogation at a later time IF they scrupulously honor the suspect's earlier invocation of the right to silence.

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Miranda: D's invocation of rt. to atty

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Once D has invoked rt. to atty, all questioning must cease until atty is provided, UNLESS accused initiates further communication.
D must AFFIRMATIVELY waive right, and equivocal statement would not be sufficient to invoke right to counsel.

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DUE PROCESS:

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Even if ct. finds conduct of the police is not in violation of self-incrimination provisions conduct may still be challenged on due process grounds.
Statement is admissible only if made freely and voluntarily, without duress, fear or compulsion in the inducement. Whether psychological coercion renders a statement involuntary is determined under the totality of the circumstances--length of interrogation, mental state of subject, etc.
Statement must be the product of a free and rational choice.

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Public Safety Exception to Miranda:

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Normally custodial interrogation resulting in a statement prior to suspect being Mirandized would justify supressing the statement, however, police can invoke the public safety exception. When it is reasonably necessary to question a person prior to Miranda in order to preserve a life, the statement will nonetheless be admissible.

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6th Amendment: Rt. to Counsel

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Right to counsel at all critical stages of the proceeding.

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6th Amendment: Rt. to Counsel
D formally charged

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If D formally charged, the right to counsel is attached. Police may not question D without presence of counsel unless D waived rt. to counsel. Right to counsel for lineups, as well, but not for photo arrays.

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Exclusion: Exceptions

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Independent Discovery: Evidence obtained from source untainted by original illegality.
Intervening Act of Free Will: E.g. D illegally arrested, released, but returns of his own volition to police station to talk;
Inevitable Discovery: Prosecution can show that police would have found the evidence whether or not police acted unconstitionally.

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Bail: 8th Am.

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8th Am, AZ Q: Criminal D has right to reasonable bail.
Under AZ R. Crim. Pro: Person charged with an offense that is bailable as a matter of right is entitled to ROR unless ct. determines that there is not a reasonable assurance he will appear for trial. Under AZ R.Crim Pro. Ct. can impose any condition of release, including high bail, that it determines is necessary to assure that the person will show up.