1. Criminal Procedure Weeks 3 & 4

2. Standing Person must have legitimate expectation of privacy in item searched/seized –Right to possession of place searhed –Place was person’s home –Person was overnight guest Legitimately on premises not sufficient

3. Plain view doctrine police are in a place they have a right to be Doing what they have a right to do Any apparent contraband/ evidence can be seized

4. Is it in plain view? Reasonable expectation of privacy –Purse in stolen car?

5. Is nature of evidence apparent? Arizona v. Hicks –Police are justified in entering house for emergency (possible domestic problem)—see several stereos. Officer moves the stereos to get I.D.—runs it against stolen property list— they are stolen California v. Ciraolo –Evidence seen from airplane fly-over directed at suspect’s house or yard

6. Other Senses Plain Feel Plain Smell Plain Hear

7. Plain view Search v. Seizure Plain view does not necessarily justify seizure –Officer must also be in place to seize

8. Related Issues Open fields doctrine Garbage left for collection Smell coming from luggage Use of Technology –Is it available to general public

9. ESTABLISHING PROBABLE CAUSE WARRANT: AFFIDAVIT IN SUPPORT OF WARRANT ESTABLISHES PROBABLE CAUSE NO WARRANT: IF QUESTIONED, OFFICER MUST JUSTIFY IN COURT THROUGH TESTIMONY

10. AFFIDAVIT STATEMENT UNDER PENALTY OF PERJURY, USUALLY IN WRITING MUST CONTAIN FACTS ESTABLISHING PROBABLE CAUSE CAN CONTAIN HEARSAY

11. INFORMANTS OFTEN FORM BASIS OR CONTRIBUTE TO ESTABLISHING PROBABLE CAUSE RELIABLE INFORMANTS UNTESTED INFORMANTS CONFIDENTIAL INFORMANTS ANONYMOUS TIPS

12. CONSENTUAL ENCOUNTERS CONTACT BETWEEN POLICE AND CITIZEN THAT IS NOT A SEIZURE OF PERSON UNDER 4TH AMEND. NOT A DETENTION

13. CONSENTUAL ENCOUNTERS CITIZEN IS –NOT OBLIGATED TO COOPERATE –FREE TO LEAVE –BELIEVES THEY ARE FREE TO LEAVE EXAMPLES –INFORMING RELATIVE OF DEATH –INTERVIEWING WITNESSES –CASUAL CONVERSATION

14. SITUATION MID-AFTERNOON, MIDDLE CLASS RESIDENTIAL AREA, POLICE SEE INDIVIDUAL WITH LONG HAIR, LONG BEARD, GRUBBY CLOTHES WALKING DOWN STREET. CAN THEY APPROACH FOR ANY REASON ASK FOR I.D. PAT DOWN TAKE IN FOR QUESTIONING

15. SITUATION 2 SAME SITUATION AS BEFORE, BUT POLICE HAVE RECEIVED CALLS FROM SEVERAL HOMEOWNERS THAT SOMEONE STRANGE IS IN NEIGHBORHOOD

16. DETENTION A TEMPORARY STOPPING OF A PERSON FOR INVESTIGATIVE PURPOSES IT IS A SEIZURE UNDER 4TH AMEND

17. DETENTIONS ROUTINE TRAFFIC STOPS FIELD EVALUATION OF SUSPECTED DUI A FIELD INTERVIEW

18. JUSTIFICATION FOR DETENTION MUST BE “REASONABLE” UNDER 4TH AND 14TH AMEND. BASED ON RATIONAL SUSPICION OF CRIMINAL ACTIVITY RATIONAL SUSPICION BASED ON ARTICULABLE FACTS, NOT A HUNCH

19. RATIONAL SUSPICION APPEARANCE –RESEMBLE A WANTED PERSON ACTIONS –CASING AN AREA –HIDING, LOITERING TRAFFIC VIOLATION PRIORS DEMEANOR –CAN PROLONG TIME AREA POLICE EXPERIENCE

20. SOCIAL ENCOUNTER OR DETENTION? 2 A.M.; X IS WALKING DOWN STREET, POLICE STOP AND ASK FOR I.D. AND ASK WHAT HE IS DOING POLICE KNOCK ON WINDOW OF OCCUPIED VAN, PARKED IN PUBLIC LOT TO TELL THEM THEY COULD NOT SLEEP THERE. OFFICER SMELLS POT AND CITES.

21. DETENTION SITUATIONS POLICE SEE INDIVIDUAL WALKING BACK AND FORTH OUTSIDE JEWELRY STORE; STOPS AND TALKS TO ANOTHER AND KEEPS WALKING BACK AND FORTH. DEF. HAS A BURNED OUT TAIL LIGHT

22. SITUATIONS MARKET CHECKER TELLS POLICE THAT D IS BUYING LOTS OF SMALL BALOONS. DEF. AT AIRPORT FIT “DRUG CARRIER PROFILE”, PAID TICKET WITH CASH, MIAMI TRAVEL ROUTE, DRESS; POLICE STOP AND FIND DRUGS

23. SITUATIONS POLICE SEE VEHICLE NOT PROCEEDING THROUGH A GREEN LIGHT. POLICE SEE KNOWN DRUG DEALERS AND USERS; THEY RUN WHEN THEY SEE POLICE

24. SCOPE OF DETENTION DETENTION MUST BE REASONABLE IN SCOPE TIME: AS LONG AS IS NECESSARY FOR PURPOSE OF DETENTION ORDERING OUT OF CAR IS O.K.

25. SITUATION POLICE STOP X FOR SPEEDING. RADIO IN LICENSE NUMBER AND ASK THAT WARRANT CHECK BE RUN. COMPUTER TEMPORARILY DOWN. AFTER 10 MINUTES REPORT COMES BACK WITH OUTSTANDING WARRANT. X DETAINED FOR THIS TIME. IS ARREST ON WARRANT GOOD?

26. TRANSPORT DETENTIONS GENERALLY NOT REASONABLE TO MOVE DEF. FROM SPOT OF DETENTION EXCEPTION: EXIGENT CIRCUMSTANCES (EMERGENCY)

27. PAT DOWN OR FRISK EXTERNAL FEELING OR PATTING DOWN OF SUSPECT’S OUTER CLOTHING FOR PURPOSE OF DISCOVERING A WEAPON JUSTIFIED WITH DETENTION IF RATIONAL SUSPICION TO BELIEVE THERE MAY BE A WEAPON

28. PAT DOWNS MUST STOP ONCE IT IS DETERMINED THERE IS NO WEAPON AS LONG AS OFFICER IS WITHIN PERMISSIBLE SCOPE, ANYTHING FOUND CAN BE USED AT COURT: PLAIN VIEW AND PLAIN FEEL DOCTRINES

29. Example OFFICERS SAW D ILLEGALLY HITCHHIKING. D JOINED 2 COMPANIONS ON CURB AND TAKING ROLLED UP SLEEPING BAGS, THEY STARTED WALKING ON SIDEWALK. OFFICERS QUESTIONED THEM, DURING WHICH D SEEMED NERVOUS AND KEPT GRABBING AT SLEEPING BAG AS IF HE WANTED TO LEAVE. OFFICER CONDUCTED PAT-DOWN SEARCH INCLUDING FEELING SLEEPING BAG. HE FELT LUMP IN BAG, WHICH SEEMED TO BE SOME TYPE OF AUTOMATIC WEAPON. D, WHEN ASKED BY OFFICER, WHOED HIM CONTENTS OF BAG WHICH CONTAINED MARIJUANA. (NO GOOD)

30. CHECKLIST FOR FRISK TYPE OF CRIME DAY OR NIGHT REPUTATION OF PERSON STOPPED NUMBER AND SIZE OF OFFICER DEMEANOR OF SUSPECT ARMED COMPANION HIGH-RISK CRIME AREA SUSPECT MOVES AS IF REACHING FOR WEAPON