Criminal Procedure - Essay Outline

Front 1

4th AMENDMENT (2 issues)

Back 1

1) Arrest

2) Search & Seizure

Front 2

Arrest (2 issues)

Back 2

1. Government seizure of person

2. Detention

Front 3

Arrest (gov seizure of person)

Back 3

Arrest is when person taken into custody against his or her will.

Requirements:
a. Probable cause required;
b. arrest warrant not required unless home arrest (unless emergency)

Front 4

Arrest (Detention)

Back 4

Detentions should be temporary

a. Investigatory detentions require reasonable suspicion based on articulable facts.

b. Automobile stops – require reasonable suspicion
1) Roadblocks require neutral, articulable standard and designed to serve a particular automobile problem.

c. Detentions to obtain a warrant and to detain occupants.

Front 5

Search & Seizure

Back 5

Generally, the 4th Am provides that people should be free from unreasonable searches and seizures. This right includes the right to be free from unreasonable arrests by the police.

Front 6

Search & Seizure General Approach

Back 6

1) government conduct?
2) reasonable expectation of privacy?
3) did police have a warrant?
4) if they did not have a warrant was it a reasonable warrantless search?

Front 7

Was there gov conduct?

Back 7

Ask whether it was a:

- publicly paid police officer,
- private individual acting at the direction of the public police
- private police deputized with the power to arrest

if not any of these then no gov conduct

Front 8

Reasonable expectation of privacy

Back 8

Ask this to determine if you have standing to object to a search

Reasonable expectation of privacy if..
1) you owned (live in or overnight guest) place searched

may have expectation of privacy if:
1) you own item searched