Criminal Justice System

Betts v. Brady

14th amendment doesn't make states provide defendants counsel Framers never intended that right to counsel never intended that right to counsel be defined as a fundamental guarantee, just that it apply to extreme situations like Powell

*US v. Jones*

Also secured warrant authorizing them to install overtly and monitor a gps tracking device on car Warrant required this to be installed by 10 days in DC but was installed on the 11th day in Maryland Learned he was expecting cocaine in october Police executed warrants for number of locations and recovered cash, cocaine, weapons, and drug paraphernalia that resulted in multiple crimes against jones Reversed conviction on basis of warrantless use of the gps device to monitor movement violated search and seizure US arguments: 4th amendment protections do not extend to matters knowingly exposed to public Person traveling in an automobile on public thoroughfares has no reasonable expectation of privacy in his movements from one place to another Length of particular surveillance does not determine whether it constitutes a search Attachment of gps yielded no info on its own (just created potential for information gathering) nor did it interfere with jones full use of car; therefore it was not a search or seizure Jones arguments: Had a reasonable expectation of privacy that gov't would not intrude on his property to affix a gps without knowledge or consent Warrantless government gps surveillance is a grave and novel threat to personal privacy and security Although a person traveling on public thoroughfares knowingly exposes himself to visual observations, he does not knowingly offer gps data to public viewing Encroachment on 4th amendment rights is particularly serious when it occurs over a prolonged period of time Ruling: unconstitutional The Court affirmed the judgment of the lower court, and held that the installation of a GPS tracking device on Jones's' vehicle, without a warrant, constituted an unlawful search under the Fourth Amendment. The Court rejected the government's argument that there is no reasonable expectation of privacy in a person's movement on public thoroughfares and emphasized that the Fourth Amendment provided some protection for trespass onto personal property. Justice Sonia Sotomayor wrote a concurring opinion, agreeing that the government had obtained information by usurping Jones' property and by invading his privacy. However, she further reasoned that the Fourth Amendment was not only concerned with trespasses onto property. She stated that a Fourth Amendment search occurs whenever the government violates a subjective expectation of privacy that society recognizes as reasonable, which is particularly important in an era where physical intrusion is unnecessary to many forms of surveillance. Justice Samuel Alito concurred in the judgment but criticized the framing of the question in terms of trespass to property. He believed that such a construction of the problem strained the language of the Fourth Amendment and that it would be better to analyze the case by determining whether the Government violated Jones' reasonable expectations of privacy. Does not replace olmstead Combined space is larger Jones expanded protections under 4th amendment

*Atkins v. Virginia*

Atkins and jones wanted to buy more alcohol but after realizing they didn't have enough money, they decided to rob a customer Shot and killed airman Atkins and jones were originally charged with capital murder but jones was permitted to plead guilty in exchange of his testimony against atkins, making him ineligible for death penalty Atkins sentenced to death but VA SC ordered a new penalty phase of the trial because the trial court had used an improper verdict form 2nd hearing: atkins was found to be mentally retarded but prosecution said he might have antisocial personality disorder, but he was at least of average intelligence Sentenced to death Appealed on grounds that it was unconstitutional to execute an individual who is intellectually disabled Atkins arguments: An intellectual disability impairs understanding and functioning in ways that substantially reduce personal culpability A sentence of death is grossly disproportionate to the person culpability of mentally retarded individuals Executing the mentally retarded offends our society's "evolving standards of decency", requiring penry v. lynaugh to be overruled Virginia arguments: Court correctly decided in penry that the retarded should be treated as individuals, not as a homogenous class; penry with the degree of culpability should be reaffirmed Not all those intellectual disabilities lack capacity to act with the degree of culpability associated with the death penalty Insufficient evidence to establish the existence of national consensus for removing all retarded persons from execution eligibility Ruling: unconstitutional Court held that executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment. Since it last confronted the issue, the Court reasoned that a significant number of States have concluded that death is not a suitable punishment for a mentally retarded criminal. Moreover, the Court concluded that there was serious concern whether either justification underpinning the death penalty - retribution and deterrence of capital crimes - applies to mentally retarded offenders, due to their lessened culpability. "Construing and applying the Eighth Amendment in the light of our 'evolving standards of decency,' we therefore conclude that such punishment is excessive and that the Constitution 'places a substantive restriction on the State's power to take the life' of a mentally retarded offender," Retribution with mentally handicapped defendants is different because culpability is less

*Batson v. Kentucky*

Batson, a black man, was indicted for burglary Venire included 4 african americans but prosecutor used his peremptory challenges to eliminate them so he was left with an all white jury Attorney argued that this was against his client's equal protection of his 6th amendment rights to an impartial jury representing a cross section of the community May prosecutors use their peremptory challenges to eliminate prospective jurors of a race? Batson arguments: Peremptory challenges to exclude members of a particular race or ethnic group denies the accused the right to a jury composed of a cross section of a community Constitutional right to a representative jury should trump a state statute allowing peremptory challenges for no stated reason At the very least, batson should've been afforded a hearing on his claim and the state attorneys should be required to state reasons for their challenges Kentucky arguments: Justice is better served by swain approach that engaging in burden shifting when a defendant believes a prosecutor has engaged in improper exclusion of jurors Effect of peremptory challenges is not confined to the selection of a jury but has an impact on entire criminal trial Petitioner failed to present proof in trial court regarding the alleged constitutional violation Ruling: unconstitutional The Court found that the prosecutor's actions violated the Sixth and Fourteenth Amendments of the Constitution. Relying heavily on precedents set in Strauder v. West Virginia (1880) and Swain v. Alabama (1965), Justice Powell held that racial discrimination in the selection of jurors not only deprives the accused of important rights during a trial, but also is devastating to the community at large because it "undermines public confidence in the fairness of our system of justice." Without identifying a "neutral" reason why the four blacks should have been excluded from the jury, the prosecutor's actions were in violation of the Constitution. Legal rule: new standard: 1. Prove race was a factor in excluding the prospective jurors AND 2. Prosecution has chance to find a reason for this / prosecution has chance to rebut it Good faith statement < neutral explanation < cause

*Illinois v. Gates*

Bloomingdale police received anonymous letter that sue and lance gates were selling drugs and gave them the details of their next dropoff and other details Police verified points made in this letter and the flight reservation Police obtain warrant to search car and home based on top and corroboration of facts Gates' attorney argued that the judge should exclude the evidence because under aguilar-spinelli, policed lacked sufficient probable cause The letter failed to state how the writer came across that information, a requirement under aguilar-spinelli Illinois arguments: A-S test's requirement that informant's basis of knowledge be revealed was satisfied by detailed information in the letter A-S test's requirement that police establish the veracity of informant's tip was satisfied by police corroboration of the facts stated in the letter and the fact that the informant had no reason to law Although the requirements of a-s were met, test should be replaced by a new rule or a reinterpretation of precedent that imposes a simpler, more practical standard for the use of hearsay evidence to establish probable cause Gates arguments: Application for a warrant did not adequately establish how the informant acquired his knowledge Police did not satisfy the requirement that the credibility of the informant be established; police did not know who the informant was and they verified very few of facts contained in informant's letter Lower court correctly ruled under a-s test, probably cause was not sufficiently established and warrant should not be issued Ruling: constitutional The Court found no constitutional violation and argued that the lower court misapplied the test for probable cause which the Court had announced in Spinelli v. United States (1969). Justice Rehnquist argued that an informant's veracity, reliability, and basis of knowledge are important in determining probable cause, but that those issues are intertwined and should not be rigidly applied. He argued that the "totality-of-the-circumstances" approach to probable cause was the correct one to glean from Spinelli, and that the law enforcement officials who obtained a warrant abided by it in this case. -- if convinced that probable cause exists, a judge may issue a warrant that specifically defines area to be searched and people or things to be seized -- only seize things listed in the warrant unless those things found warrant a crime They also have to execute warrant in orderly and timely fashion With these requirements, search and seizure are likely to be reasonable Exceptions to warrant requirement: searches incident to valid arrest, loss of evidence searches, consent searches, safely searches, plain view searches More protection of searches and seizures in some places than others: courts

Roper v. Simmons

Court drew bright lines exempting certain kinds of offenders from the death penalty Constitution prohibits death penalty for under 18 Simmons killed a woman before he turned 18 Court ruled that standards of decency have evolved so that executing minors is "cruel and unusual punishment" prohibited by the Eighth Amendment. The majority cited a consensus against the juvenile death penalty among state legislatures, and its own determination that the death penalty is a disproportionate punishment for minors. Finally the Court pointed to "overwhelming" international opinion against the juvenile death penalty.

Carroll v. United States

Court held automobiles do not deserve the same degree of protection as people and homes Lower protection/Broad authority to police to search cars without warrants because: Cars are mobile and thus evidence can be quickly removed from area under investigation Car windows allow outsiders to look in and thus drivers have lower expectation of privacy inside their car than homes Government has a pervasive interest in regulating cars - privilege, not right

Kyllo v. U.S.

Court protected privacy of home even short of a physical intrusion by police Federal drug agents set up thermal imaging device to see if he was growing weed They didn't have to enter the yard or home so they didn't think they needed a warrant Device found heat was leaving the house so they obtained a warrant to search SC held that use of imaging device without a warrant violated the 4th Even though they did not not physically enter they were still able to detect activity inside therefor they intruded where kyllo had a reasonable expectation of privacy so a warrant is required Even though someone can walk outside of it, the average observer can't tell the heat is high Need warrant for thermal imaging device

Nix v. Williams

Established another exception to exclusionary rule: inevitable discovery exception Evidence as a result of an illegal search can still be introduced in court if it can be shown that evidence would have been found anyways

Weeks v. U.S.

Exclusionary rule: judges must exclude any evidence gathered in violation of fourth amendment Applied only to federal agents and federal judges in federal criminal case

*Katz v. US*

Fbi suspected katz of engaging in illegal bookmaking activity; placing bets and transmitting other wagering information by telephone made daily calls from telephone booths so the agents attached a listening and recording device to the shared outside top of telephone booths No part of listening device was extended in booth Device activated before katz entered the booth so his conversations were recorded Agents had traditional search warrants to seize certain physical objects, but did not have authorization to gather evidence from phone booth Used transcripts of recorded conversations to obtain indictment Katz challenged use of transcripts as his constitutional right to privacy (griswold v. conn) Katz arguments: Purpose of 4th amendment is to protect personal privacy, not property Rapidly advancing tech has rendered ineffective the physical trespass approach to the fourth amendment and it should be abandoned Phone booth is constitutionally protected area and katz had every expectation that what he said in that space would not be overheard by government US arguments: Consistent with the law, agents conducted no trespass or physical invasion of the interior of the phone booths Because police had strong basis for probable cause and because they limited the scope of the surveillance to the exact location where the crime was being committed, this search should be considered reasonable even if the court abandons the physical penetration rule Person in public phone booth is normally visible to others, and conversations can often be overheard; consequently, the degree of privacy could have reasonably expected in a public telephone booth is much less than he would expect in his home Ruling: unconstitutional Fourth Amendment protects against unreasonable searches and seizures require the police to obtain a search warrant in order to wiretap a public pay phone The Court ruled that Katz was entitled to Fourth Amendment protection for his conversations and that a physical intrusion into the area he occupied was unnecessary to bring the Amendment into play. The Fourth Amendment protects people, not places "Expectation of privacy": if individual expects privacy and society views that expectation as reasonable, then 4th governs any police searching or seizing Conversation is intangible 'reasonable' expectation of Fourth Amendment protection

Olmstead v. U.S.

Federal agents had reasons to believe that olmstead was importing and selling alcohol in violation of the national prohibition act Without obtaining a warrant, they tapped his phone lines without setting foot on his property Court ruled in favor of government: 4th only covers "material things -- person, house, his papers or his effects" so it does not forbid what was done There was no searching or seizure or trespassing

*Missouri v. Seibert*

Focuses on police interrogation that evolved from oregon v. elstad tip provided by a neighbor during burglary investigation then elstad made incriminating statements before officers could advise him of self-incrimination rights Elstad arrested and took him to station where he was advised of rights and he made full confession Trial court judge did not allow the statements made at home but allowed confession from station Appeal to SC: trial court ruled correctly Seibert's son died and she feared she would be charged with child neglect because her son had a bad case of bedsores To avoid charges, she and her 2 teenage sons and 2 of their friends devised a plan to conceal the facts Decided to set phone on fire to make it seem like he died in accidental fire Planned to leave donald rector, mentally ill teenager, in when fire was set: he died Police took seibert into custody but they did not provide her with miranda warnings Interrogated for 40 minutes where she made incriminating statements Turned on tape recorder and gave seibert her miranda warnings Seibert waived her rights and police resumed questioning Asked seibert to repeat her incriminating statements and she did Police admitted withholding miranda was a conscious decision but was following a technique he was taught: question first, then give miranda warnings, and finally question again with goal tf getting suspect to repeat Trial court said admission was allowed because precedent set in oregon v. elstad but state sc reversed Missouri arguments: Miranda imposes only a narrow exclusionary rule governing the admissibility of unwarned statements made during custodial interrogations Oregon v. elstad established voluntary statements after miranda warnings have been given are admissible even if similar statements were previously obtained without miranda warnings Constitution is not violated when police as questions without miranda warnings; only occurs when those statements are introduced as evidence in court; statements made without miranda warnings are already inadmissible; no other remedy is needed Seibert arguments: All statements made following a willful and unreasonable refusal by police to give miranda warnings should be inadmissible If court approves police strategy used here, it will encourage nationwide evasion of the spirit of miranda Ulink in elsad, the "two part" interrogation used here was essentially one long interrogation period with miranda warnings intentionally not given until police extracted a confession under these circumstances, seibert's restarted confession was not voluntarily given Ruling: In a decision with no majority, a four-justice plurality found that the post-Miranda confession is only admissible - even if the two-stage interview was unintentional, as it was in Elstad - if the Miranda warning and accompanying break are sufficient to give the suspect the reasonable belief that she has the right not to speak with the police. Justice Anthony Kennedy, in a concurring opinion that provided the fifth vote, found that evaluating the warning and accompanying break was only necessary if the police used the two-stage interrogation intentionally. Justice Kennedy wrote, "The admissibility of postwarning statements should continue to be governed by Elstad's principles unless the deliberate two-step strategy is employed. Then, the postwarning statements must be excluded unless curative measures are taken before they were made." Even if you do give miranda, testimony is not guaranteed admissibleJust bc u give someone miranda doesn't mean u can use it in court Unconstitutional to use post miranda testimony Good faith exception

*Gregg v. Georgia*

Furman v. Georgia: Effectively stops death penalty temporarily Way it's being executed today, it's cruel and unusual -- found it was very race based Wasn't a lot of detail Gregg v. Georgia: After furman - unconstitutional Wanted to get new plans Introduced plan at the heart of it was bifurcated trial: 2 stages Guilty: prosecution can seek death penalty at the penalty stage where the defense attorney presents mitigating facts (individual's record, family responsibility, psychiatric reports, chances for rehabilitation, and age) while the prosecution has to demonstrate that at least one codified aggravating factor was present Not guilty New jury is important: jurors in the first phase see wider arrange of evidence Georgia specified ten aggravating factors including: murders committed while offender was engaged in the commission of another capital offense, murder of a judicial officer or district attorney because of his duty, murders that are outrageously or wantonly vile, horrible, or inhumane After hearing both sides, they jury determines whether the convicted individual receives the death penalty Law sought to reduce jury discretion and eliminate the arbitrary application of death penalty found unacceptable in furman and GA SC would review all jury determinations of death Individual identified gregg and friend as possible assailants Tried and convicted Received death penaltY Gregg arguments: Georgia capital punishment law allows discretionary judgements that subject defendants to arbitrary imposition of the death penalty No legitimate penal purpose of the state justifies the extreme cruelty of extinguishing human life 8th amendment prohibits arbitrary exceptions being made to limitations on the state's power to punish Penalty of death is an unconstitutionally cruel and unusual punishment considering the evolving standards of decency of the last quarter of the twentieth century Georgia arguments: Georgia death penalty are characterized by meaningful discretion The death penalty is not per se cruel and unusual punishment condemned by the 8th or 14th amendment of the constitution Ruling: constitutional Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances. In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful and judicious use of the death penalty may be appropriate if carefully employed. Georgia's death penalty statute assures the judicious and careful use of the death penalty by requiring a bifurcated proceeding where the trial and sentencing are conducted separately, specific jury findings as to the severity of the crime and the nature of the defendant, and a comparison of each capital sentence's circumstances with other similar cases. Moreover, the Court was not prepared to overrule the Georgia legislature's finding that capital punishment serves as a useful deterrent to future capital crimes and an appropriate means of social retribution against its most serious offenders. Standards of decency have not evolved yet -- people are still okay with it

J.E.B. v. Alabama ex. rel. T. B.

Georgia v. McCollum: Prosecution can stop the defense from exercising its peremptories to eliminate blacks from a jury Ruled that batson framework applies to the prosecution and the defense J.E.B v. Alabama ex rel. T.B.: Extended this reasoning based on intentional sex discrimination

*Gideon v. Wainwright*

Gideon charged with breaking and entering Trial court refused to appoint counsel for him because florida did not provide free lawyers to those charged with anything less than a capital offense Studied law in prison library and attempted a number of lower court actions Writ of cert to SC Granted it review Gideon was without counsel so the court appointed fortas to represent him Gideon arguments: 14th amendment requires that counsel be appointed to represent an indigent defendant in every criminal case involving a serious offense Great majority of states now make provision for the appointment of counsel in all felony cases, either explicitly or as a matter of practice Wainwright arguments: Betts v. brady rule provides a clear and consistent standard for determining right to counsel under 14th Under federal system, the states should not be required by constitutional mandate to provide counsel for indigent defendants for every case Rights provided by states appointing counsel have not been generally accepted as being fundamental or constitutional in character Historically there is no basis for requiring states to appoint counsel automatically in all states Ruling: unconstitutional The Supreme Court held that the framers of the Constitution placed a high value on the right of the accused to have the means to put up a proper defense, and the state as well as federal courts must respect that right. The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own. Fourteenth Amendment does not apply a watered-down version of the Bill of Rights to the states. Since constitutional questions are always open for consideration by the Supreme Court, there is no need to assert a rule about the relationship between the Fourteenth Amendment and the Bill of Rights. In his separate opinion concurring in judgment Constitution guarantees the right to counsel as a protection of due process, and there is no reason to apply that protection in certain cases but not others. Justice John M. Harlan wrote a separate concurring opinion in which he argued that the majority's decision represented an extension of earlier precedent that established the existence of a serious criminal charge to be a "special circumstance" that requires the appointment of counsel. He also argued that the majority's opinion recognized a right to be valid in state courts as well as federal ones; it did not apply a vast body of federal law to the states. States had to alter defender systems and create mechanisms to provide lawyers to those accused

Wolf v. Colorado

Justices agreed to incorporate 4th amendment To be secure against unreasonable search and seizure was deemed a fundamental right, "basic to free society", and the provisions applied to the states through the due process clause of the 14th amendment Court refused to say exclusionary rule was necessary part of 4th amendment and upheld wolf's convection Rule was one method of enforcing search and seizure rights but not the only one Although state law enforcement officers must abide by the guarantees contained in 4th, judges need not use a particular mechanism, like exclusionary rule, to ensure compliance States were free to adopt whatever procedures they wished to enforce search and seizure rights

Florence v. Board of Chosen Freeholders of the County of Burlington

Justices held that routine strip searches of incoming detainees at a county jail are constitutionally permissible even when the new inmate faces minor charges and haven't been convicted yet Ample justification to check new detainees for infectious diseases, weapons, and drugs/other contraband in order to secure facility and protect other members of inmate population

Brown v. Mississippi

Law enforcement officers and other racist citizens stripped, whipped, hanged until near death and physically tortured black suspects to force them into confessing to a murder "It would be difficult to conceive of methods more revolting to the sense of justice than those taken to procure the confessions of these petitioners" a defendant's confession that was extracted by police violence cannot be entered as evidence and violates the Due Process Clause of the Fourteenth Amendment.

*Mapp v. Ohio*

Mapp carried a number of illegal activities in her house Police had tried to shut her down for several months but mapp was tipped off because every time police planned a riad, she managed to elude them Entered house on ground she was harboring a fugitive Police arrived and she refused to let them in because they didn't have a search warrant Police radioed for a warrant and kept the house under surveillance 3 hours later they tried getting in again but mapp did not come to the door so they forced it open Police did not let attorney in the house Mapp came downstairs and began arguing with cops and police held up a piece of paper and claimed it was a search warrant Mapp grabbed it and a fight broke out Police handcuffed her and searched the house to find no evidence of fugitive but seized obscene books and pictures which were illegal to possess under ohio law Mapp claimed books belonged to former roomer and were being kept by her until they could pick it up At trial prosecution did not produce warrant and there was no explanation was offered for failure to do so Found guilty and sentenced to 1-7 years No evidence of valid warrant: Mapp arguments: Innocently acquired materials which did not belong to her; if she destroyed them she would've violated state law against damaging others' property State law that makes mere possession of lewd materials a crime violates 1st and 14th amendments State law exposing people to 7 years in prison for simple possession of lewd materials violates the cruel and unusual punishment provision of the 8th amendment Police violate 4th amendment by extreme actions they took in entering the house and conducting the search No evidence of warrant issued for search and seizure of obscene materials was ever produced by state Ohio arguments: Jury made factual determination that mapp knowingly and personally possessed items in question Obscenity is not protected by 1st amendment; to eradicate it the state's police powers must be broad enough to ban every aspect of obscenity, including possession Mapp's sentence was a general one; actual time will be determined by the state parole commission's according to established criteria; not cruel and unusual As constitution allows under wolf v. colorado, ohio does not use an exclusionary rule; therefore even if police violated search and seizure laws, the evidence can still be used Ruling: unconstitutional The Court brushed aside the First Amendment issue and declared that "all evidence obtained by searches and seizures in violation of the Constitution is, by [the Fourth Amendment], inadmissible in a state court." Mapp had been convicted on the basis of illegally obtained evidence. This was an historic -- and controversial -- decision. It placed the requirement of excluding illegally obtained evidence from court at all levels of the government. The decision launched the Court on a troubled course of determining how and when to apply the exclusionary rule. Incorporated and extended exclusionary rule Now rule applies to everyone (states), not just federal government

*Miranda v. Arizona*

Miranda allegedly kidnapped and raped a woman Police arrested him and interrogated him After 2 hours of questioning, miranda confessed No evidence of any police misbehavior during the interrogation and at no point during questioning did miranda request an attorney Because of gideon v. wainwright, which mandated all indigent criminal defendants receive a defense attorney at government expense, the trial judge appointed a lawyer to defend miranda Attorney provided an inadequate defense -- wanted to prove miranda was mentally defective or insane Failed; miranda hired new attorneys who presented different arguments to supreme court Miranda arguments: Under 5th and 6th amendments, arrested persons have right to counsel when interrogated by police Providing counsel to suspects does not unduly handicap the police in doing their work Skilled interrogators can easily compel confessions from ignorant individuals without legal representation; providing legal assistance after a confession has been made is of little help of the suspect In order to reduce the inherently coercive atmosphere of police interrogation, police should inform suspects of their right to counsel and their right to have the opportunity to consult counsel prior to being questioned Arizona arguments: Nothing in this case justifies a rule of the constitutional impact and proportions sought by the petitioner Miranda's confession was not coerced; he had sufficient education and emotional stability to understand what he was doing; no brutality or other coercive police behavior; questioning was of relatively short duration Unlike escobedo, miranda did not have an attorney and did not request to see one, and the police did not deny him that right Ruling: unconstitutional The Supreme Court held that the Fifth Amendment's protection against self-incrimination is available in all settings. Therefore, prosecution may not use statements arising from a custodial interrogation of a suspect unless certain procedural safeguards were in place. Such safeguards include proof that the suspect was aware of his right to be silent, that any statement he makes may be used against him, that he has the right to have an attorney present, that he has the right to have an attorney appointed to him, that he may waive these rights if he does so voluntarily, and that if at any points he requests an attorney there will be no further questioning until the attorney arrives. You have to tell people you have right to remain silent: So you know you have that right So they know consequences of remaining silent The Court held that, in each of the cases, the interrogation techniques used did not technically fall into the category of coercive, but they failed to ensure that the defendant's decision to speak with the police was entirely the product of his own free will. When they take suspect into custody, police required to provide warnings before interrogation Custody means the any situation where suspect is under police control and may not freely leave Not confined to formal interrogation rooms at police stations Relatively broad interpretation of interrogation: justices ruled that any police action designed to elicit statements from a suspect's falls under the definition of interrogation and must be preceded by miranda warning Burden of proving every aspect of rights outlined in 5th amendment on law enforcement Communicates to person that police are aware of Note Cases: Custody exception: any kind of traffic stop (custodial interrogation - situation in which the suspect's freedom of movement is restrained, even if he is not under arrest) Interrogation: say or do anything to elicit testimony

*Terry v. Ohio*

Plain Clothed police officer observed 2 men as they paced along the street to state in same store around 24 times 3rd man game along and then departed 3 men met up later Acting on his suspicion, officer approached, identified himself, and asked them to identify themselves Suspects began whispering and terry mumbled a response Officer then spun terry around and patted down his outside clothing and found a pistol in his overcoat pocket Ordered the others to face the wall with their hands raised and patted them as well Officer found another gun and arrested them both Terry arguments: Under 4th amendment, arrest requires probable cause and officer did not have it to arrest terry It violates the 4th amendment to substitute a stop and frisk doctrine for traditional arrest requirements Imposing a "reasonable suspicion" standard instead of probable cause violates 4th amendment Ohio arguments: Police have right to stop and question person engaged in suspicious behavior even absent probable cause Officers have right to frisk a stopped individual for protection of his own safety Stop and frisk is less intrusive than formal arrest or full search; therefore, it is reasonable to require a lower standard (reasonable suspicion) for a stop and frisk than that required for a formal arrest or a full search (probable cause) Ruling: constitutional the Court held that the search undertaken by the officer was reasonable under the Fourth Amendment and that the weapons seized could be introduced into evidence against Terry. Attempting to focus narrowly on the facts of this particular case, the Court found that the officer acted on more than a "hunch" and that "a reasonably prudent man would have been warranted in believing [Terry] was armed and thus presented a threat to the officer's safety while he was investigating his suspicious behavior." The Court found that the searches undertaken were limited in scope and designed to protect the officer's safety incident to the investigation. Expands authority of police to investigate possible crimes If an individual exhibits suspicious behavior that would lead a law enforcement official reasonably to suspect that criminal behavior is occurring or about to occur, the officer can detain the person to investigate and may also conduct a search of person's outer clothing to search for weapons, provided there is cause to believe the person may be armed and currently dangerous Reasonable suspicion of criminal activity and reasonable suspicion they were armed and dangerous Stop: you need reasonable criminal activity Frisk: need reasonable suspicion of criminal activity AND reasonable suspicion they were armed and dangerous Reasonable suspicion >> Safford v. Redding and legal schools R.S of 2 different things: have articulate facts -- R.S that they're armed and dangerous AND they're about to engage in criminal act Lower than probable cause

*Escobedo v. Illinois*

Police arrested escobedo for murdering his brother in law Attempted to interrogate im but on advice of his lawyer, he refused to make any statements and was released Escobedo's friend who was also in custody told police escobedo murdered him because he abused and mistreated his sister Escobedo and sister arrested; told him his friend already confessed so he might as well confess but he refused Asked to see his attorney; police refused Attorney came to see him and asked to see him multiple times but was denied access Police questioned him for 14 hours before he made damaging statements Appealed saying he was denied his right to cancel Escobedo arguments: Circumstances of interrogation render statements involuntary; objectionable conditions included failure of police to advise him of his rights, his being held incommunicado, his youthfulness and minority status, the length of his interrogation, and the deliberate deception practiced by police He was denied right to counsel even though he wanted to see his attorney and his attorney was available and wanted to see him Illinois arguments: His incriminating statements were voluntarily given; consulted with his attorney daily during 10 days following murder; was advised to remain silent by his attorney; no reason to believe he was less than normal in intelligence, maturity, and judgement Court has never held right to counsel begins at arrest or applies to questioning immediately after arrest Ruling: unconstitutional "an absolute right to remain silent." Escobedo had not been adequately informed of his constitutional right to remain silent rather than to be forced to incriminate himself. The case has lost authority as precedent as the arguments in police interrogation and confession cases have shifted from the Sixth Amendment to the Fifth Amendment, emphasizing whether the appropriate warnings have been given and given correctly, and whether the right to remain silent has been waived. If attorney present, it is unlikely that police would use even subtle methods to coerce a confession Held that right to counsel begins at accusatory stage, defined as the point at which the investigation ceases to be general and focuses on a specific individual Right is in effect for every critical stage of the process, which includes all interrogations Time is factor:

*US v. Leon*

Police in burbank, CA received top from person of unproven reliability identifying stewart and sanchez as drug dealers Informant said they kept small quantities of drugs in their house and a larger inventory at another residence Police began surveillance of the house where they spotted a car belonging to del castillo who had history of drug possession which led them to Leon Based on observation, continued relevance, and information from a second informant, officer rombach obtained a search warrant Warrant seized large quantities of drugs and the 4 were arrested Argued warrant was invalid because original informant lacked credibility and because much of the informant's info was based on observations from 5 months prior so judge did not have probable cause to issue warrant Government admitted defendants had valid point but argued that they shouldn't throw out entire case because of a defective warrant Officers acted in good faith and the police believed they had a legit warrant and acted accordingly US arguments: As a judicially create rule, the exclusionary rule may be modified by the court in light of experience Only justification for exclusionary rule is its presumed deterrent effect on unlawful police conduct; should not be applied to situations where it would not have a deterrent effect on police behavior Costs of exclusionary rule outweigh its benefits when applied to evidence obtained from a search that a reasonably well trained officer would not have recognized as violating the 4th amendment Court should apply a good faith exception to the exclusionary rule in cases, like this one, where police faithfully observe search and seizure rule Leon arguments: Good faith exception to the exclusionary rule applied to search warrants would bar any meaningful review of a magistrate's decision 4th amendment is not self-executing and the exclusionary rule operates as a disincentive to violating the constitution Exclusionary rule results in the loss of very few convictions; in the vast majority of cases evidence gathered pursuant to a warrant is validly obtained 4th amendment rights are too fundamental to be subjected to a cost-benefit analysis Ruling: constitutional Yes, there is such an exception. Good faith exception: objectively and reasonably rely on warrant Validity of warrant The justices held that evidence seized on the basis of a mistakenly issued search warrant could be introduced at trial. The exclusionary rule, argued the majority, is not a right but a remedy justified by its ability to deter illegal police conduct. In Leon, the costs of the exclusionary rule outweighed the benefits. The exclusionary rule is costly to society: Guilty defendants go unpunished and people lose respect for the law. The benefits of the exclusionary rule are uncertain: The rule cannot deter police in a case like Leon, where they act in good faith on a warrant issued by a judge. Letting people go free when police make an honest mistake Exclusionary rule is designed to deter police misconduct

*Hudson v. Michigan*

Police obtained properly issued warrant to search home of hudson for drugs and firearms At arrival, police knocked and announced their presence Officers did not wait a reasonable amount of time for him to answer (3 to 5 seconds) before they entered Inside they found surprised hudson and proceeded to search finding a large quantity of illegal drugs and loaded gun Charged with unlawful possession of drugs and firearms Attorneys argued that evidence should be excluded from trial because police had failed to comply with the traditional "knock and announce" rule that requires police executing a search to wit a reasonable amount of time for the occupant to respond before entering a home Violation of knock and announce rule; failure to announce can lead to: Invasion of privacy Personal harm (ex. Someone shooting you because they think you are a threat) Property damage Hudson arguments: Evidence found inside home following a knock and announce violation is the fruit of an illegal search because violation renders the entry illegal; evidence so gathered should be inadmissible Inevitable discovery exception does not apply because there is no independent source for evidence Exclusionary rule is the only available deterrent to knock and announce violations Michigan arguments: Exclusionary rule is premised on the existence of a causal relationship between the incriminating evidence and the constitutional violation that furnished it; that is, had the police not engaged in unlawful conduct, they would not have obtained the evidence If the case of knock-and-announce violation there is no such causal relationship: the same evidence would have been found if the officers had knocked and then waited longer than 3 to 5 seconds before entering Ruling: constitutional Court ruled that evidence need not be excluded when police violate the "knock-and-announce" rule. The opinion by Justice Scalia reaffirmed the validity of both the knock-and-announce rule and the "exclusionary rule" for evidence obtained by police in most cases of Fourth Amendment violation. However, the majority held that the exclusionary rule could not be invoked for evidence obtained after a knock-and-announce violation, because the interests violated by the abrupt entry of the police "have nothing to do with the seizure of the evidence." Justice Scalia wrote that the knock-and-announce rule was meant to prevent violence, property-damage, and impositions on privacy, not to prevent police from conducting a search for which they have a valid warrant. The Court also found that the social costs of the exclusionary rule as applied to the knock-and-announce rule outweighed any possible "deterrence benefits," and that alternative measures such as civil suits and internal police discipline could adequately deter violations. Scalia: "our last resort, not our first impulse" on suppression of evidence

*Florida v. Jardines*

Police received unverified tip that weed was being grown of home of jardines His home was placed under surveillance but blinds were drawn and there was no movement Dog smelled weed so they obtained warrant and discovered weed plants and other evidence of drug trafficking Jardines moved to suppress weed plants because he said the canine search was unreasonable Florida supreme court upheld decision of trial court to exclude evidence because it was unsupported by probable cause and warrant would be invalid based on information gathered in search Florida arguments: Dog sniff is not a search requiring a warrant but an accepted, centuries-old law enforcement procedure Warrantless sniffs by drug detection dogs in other contexts (traffic stops, airports, bus stations, etc.) have been constitutionally upheld The drug detection dog remained on the ordinary path to the front door customarily opened to visitors Jardines arguments: Use of trained narcotic dog to sniff at front door of home to reveal details inside the home that the officer is unable to perceive without a physical intrusion into the home is a search requiring a warrant based on probable cause Area adjacent to door is constitutionally protected as the home itself; therefore a warrantless approach to the front door with a detection dog violates the 4th amendment Ruling: unconstitutional The Court held that the front porch of a home is part of the home itself for Fourth Amendment purposes. Typically, ordinary citizens are invited to enter onto the porch, either explicitly or implicitly, to communicate with the house's occupants. Police officers, however, cannot go beyond the scope of that invitation. Entering a person's porch for the purposes of conducting a search requires a broader license than the one commonly given to the general public. Without such a license, the police officers were conducting an unlawful search in violation of the Fourth Amendment. Justice Elena Kagan wrote a concurring opinion in which she argued that the case dealt with privacy issues as well as the property issues the majority opinion addressed. People have a heightened expectation of privacy in their homes and the areas immediately surrounding their homes, and in this case, the police violated that expectation. Because the police officers used a device (a drug-sniffing dog) not in public use to learn details about the home, Justice Kagan argued that an illegal search had been conducted. Instances where there is low expectations or other interests that reduce the level of justification necessary for a search: Open fields - even when they're privately owned - anyone can walk through and fly over it Jails, prisons, inmates Discarded garbage Public schools Automobiles Exceptions: p. 488-489 Trespass: difference is that drug dog has different capacities Purpose was intent to search; matters with trespass because he did not get explicit permission or implicit permission CURTILAGE: reference as space around house; same constitutional protection as the house

*Safford Unified School District #1 v. Redding*

Redding, 13 year old girl, was called away from class by assistant principal Shown an unzipped day planner containing several knives, lighters, a permanent marker, and a cigarette Admitted the day planner was hers but said she lent it to a friend and none of the items were here Principal then showed redding 4 prescription pill bottles and 1 over the counter pol and told her he received report she was going to give them to students at lunch time Redding denied and agreed to let him search her belongings but they found nothing Nurse was instructed to search her clothes for pills and they found no pills Mother filed suit against school for strip searching her Safford arguments: Searches of students in public school do not require probable cause, only reasonable suspicion (NJ v. TLO) Reasonable suspicion is less than probable cause Search was valid from its inception because there were reasonable grounds to believe she was violating drug policy Given the place pills can be hidden, the scope of search was reasonable and extended no farther than necessary; search was brief and conducted in private by female school officials; she was not touched during the search Redding arguments: Info available to school officials would not give them reasonable suspicion to believe redding was hiding pills in her undergarments Student who supplied key info lacked credibility Search was invasive, degrading, and traumatizing, and far more exxtensive in scope that circumstances warranted Amount of justification required for a student search should depend on the extensiveness of the search; greater justification is necessary for a strip search than a backpack search Ruling: unconstitutional Age and gender undoubtedly influenced court Supreme Court held that Savanna's Fourth Amendment rights were violated when school officials searched her underwear for non-prescription painkillers. the Court reiterated that, based on a reasonable suspicion, search measures used by school officials to root out contraband must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction." Here, school officials did not have sufficient suspicion to warrant extending the search of Savanna to her underwear. The Court also held that the implicated school administrators were not personally liable because "clearly established law [did] not show that the search violated the Fourth Amendment." It reasoned that lower court decisions were disparate enough to have warranted doubt about the scope of a student's Fourth Amendment right

Aguilar v. Texas

SC articulated a 2-pronged test to determine whether informants' tips or letters could be used as probably cause to obtain search warrants First: the tip had to reveal adequately the informant's basis of knowledge How did the individual come to posses the info given to the police? Second: the tip had to provide facts sufficiently establishing either the veracity of the affiant's informant, or the reliability of informant's report Later devoiler more in spinelli v. us Referred to as aguilar spinelli test

Barker v. Wingo

SC refused to set a period of time where it would be unreasonable Periods differ case to case Established 4 criteria in deciding questions of unreasonable delay: Length of delay Reason for delay What point defendant begins asserting a 6th amendment violation Whether delay prejudiced defendant's case

*Sheppard v. Maxwell*

Sheppard, wife of a well known doctor, was murdered Doctor woke up to her screams and struggled with a form and was knocked unconscious When he was conscious, he went out and wrestled with the form and went back into the house to find his wife dead Monthlong investigation with negative publicity and he was arrested Accusations were printed in the newspaper daily Sheppard was denied access to his attorney various critical stages of the process Prospective jurors had their names published in papers Jurors made calls during deliberations with no record of who they were talking to Filed for federal habeas corpus relief, claiming he was denied a fair trial due to the excessive activity by news media Sheppard arguments: Effectively tried and convicted by news media and and a fair trial in the courtroom could not and in fact did not occur Trial judge was not sufficiently impartial to preside at the proceeding and should have voluntarily recused himself Unauthorized communications to the jurors during deliberations violated his right to due process of the law Maxwell arguments: Sheppard does not show the actual existence of judge or juror prejudice Newspaper publicity was not so unequivocal as to warrant a finding of pervasive prejudice Transcript of jury selection process demonstrate fairness beyond due process of law requirements Defense's failure to challenge the jury selection process and its failure to suggest that the jury be sequestered shows that an impartial jury was selected Ruling: unconstitutional Court found that Sheppard did not receive a fair trial. Noting that although freedom of expression should be given great latitude, the Court held that it must not be so broad as to divert the trial away from its primary purpose: adjudicating both criminal and civil matters in an objective, calm, and solemn courtroom setting. The Cleveland television media's repeated broadcasts of Sheppard confessing in detail to crimes he was later charged with, the blatant and hostile trial coverage by Cleveland's radio and print media, and the physical arrangement of the courtroom itself - which facilitated collaboration between the prosecution and present media - all combined to so inflame the jurors' minds against Sheppard as to deny him a fair trial. The Court concluded that the trial judge should have either postponed the proceedings or transferred them to a different venue.

*Richmond Newspapers v. Virginia*

Stevenson convicted of stabbing 4th trial date set but case has garnered a deal of public and media interest Since attention could interfere with jury selection, his attorney asked to close trial to public Prosecutor has no objection so judge did so Reporters covering this brought suit against the state saying their 1st amendment rights were violated and also wanted to overrule gannett Newspaper arguments: Constitution guarantees the right to attend and observe criminal trials Virginia closure statute violates the constitution's guarantees that criminal trials will be open to public attendance and observation Virginia arguments: 1st amendment does not afford public or press right to attend criminal trials 6th amendment embodies no public right of access to criminal trials 1st and 6th amendments, when taken in conjunction, do not support a public right of access to criminal trials Ruling: unconstitutional Court held that the right to attend criminal trials was "implicit in the guarantees of the First Amendment." The Court held that the First Amendment encompassed not only the right to speak but also the freedom to listen and to receive information and ideas. The Court also noted that the First Amendment guaranteed the right of assembly in public places such as courthouses. The Court emphasized that "certain unarticulated rights" were implicit in enumerated guarantees and were often "indispensable to the enjoyment of rights explicitly defined." Won't know if trial is fair or not

*Powell v. Alabama*

Women accused black youths of raping her Word of alleged rape spread and when the train reached paint rock, sheriff's posse arrested black youths Hostile, racist crowd gathered to harass them and extra security was needed to prevent lynching Charged with capital offense so judge was supposed to appoint counsel to assist them but he assigned all the town's members of the bar to represent the accused so no single lawyer took responsible for their defense Trial date set just 6 days after indictment Roddy appeared to represent defendants but did not know anything about law 8 of 9 boys were sentenced to death Do indigents have the right to counsel at government expense? Boys argument: Consultation with counsel and opportunity for preparation and presentation of proper defense of trial are rights included in the due process clause Because there were no fair, impartial, and deliberative trial, the proceedings violated due process clause Alabama arguments: Petitioner's counsel had time to prepare their case and proceeded along proper lines for a week prior to trial Trials were fair and impartial; no denial of due process of law in contravention of the 14th amendment took place In absence of showing that the extra security was actually needed to dispel mob violence, the extra security in scottsboro cannot be taken as evidence of the fact that the trial was not fair and impartial It is important to appreciate that due process of law is process according to system of law in each state Ruling: unconstitutional The Court held that the trials denied due process because the defendants were not given reasonable time and opportunity to secure counsel in their defense. Though Justice George Sutherland did not rest the Court holding on the right-to-counsel guarantee of the Sixth Amendment, he repeatedly implicated that guarantee. This case was an early example of national constitutional protection in the field of criminal justice Cases involving unusual situations would necessitate lawyer's participation to secure fundamental fairness for defendants

Johnson v. Zerbst

ruled indigent defendants involved in federal criminal prosecutions are entitled to be represented by counsel