Lecture 4 of 5: Constitutional Law: Criminal Procedure and Constitutional Rights

Criminal Procedure and Constitutional Rights

This document reviews the key themes and critical facts from the provided lecture excerpt, “Lecture 4 Constitutional Law: Criminal Procedure and Constitutional Rights.” The document focuses on the Fourth, Fifth, and Sixth Amendments to the U.S. Constitution and their impact on criminal procedure.

I. Overview

The Fourth, Fifth, and Sixth Amendments form the cornerstone of criminal procedure in the U.S.

Fourth Amendment: Protects against unreasonable searches and seizures, emphasizing the warrant requirement and exceptions.

Fifth Amendment: Safeguards against self-incrimination, establishing Miranda rights and the Double Jeopardy Clause.

Sixth Amendment: Guarantees crucial trial rights, including the right to counsel, speedy and public trial, confrontation, and compulsory process.

II. Fourth Amendment: Search and Seizure

1. What is a Search?

The Supreme Court's interpretation of a "search" evolved from physical trespass to a focus on privacy. A search occurs when:

The government intrudes on an individual’s reasonable expectation of privacy (Katz v. United States).

The government physically trespasses on property to obtain information.

2. What is a Seizure?

Property: Occurs when the government significantly interferes with an individual’s possession.

Person: Occurs when a reasonable person would feel unable to leave an encounter with law enforcement (e.g., arrests, stops).

3. Reasonableness and the Warrant Requirement

Warrantless searches and seizures are presumptively unreasonable. A valid warrant requires:

Probable cause

Issuance by a neutral magistrate

Particular description of the place and items/persons to be searched/seized.

III. Exceptions to the Warrant Requirement

Several exceptions permit warrantless searches and seizures:

Exigent Circumstances: Imminent destruction of evidence, hot pursuit, public safety threats.

Search Incident to Lawful Arrest: Search of arrestee and immediate area (limited for vehicles by Arizona v. Gant).

Automobile Exception: Probable cause to believe a vehicle contains contraband/evidence.

Plain View Doctrine: Seizure of evidence/contraband in plain view if incriminating nature is immediately apparent.

Consent: Voluntary consent by a person with authority.

Stop and Frisk (Terry Stops): Reasonable suspicion of criminal activity (less than probable cause), and a limited pat-down for weapons if the officer reasonably believes the person is armed and dangerous.

Special Needs and Administrative Searches: Administrative inspections, border searches, drug testing, checkpoints.

Inventory Searches: Routine cataloging of items in lawfully impounded vehicles/property.

Community Caretaking Functions: Warrantless entries/searches for community welfare reasons.

IV. Exclusionary Rule and Fruit of the Poisonous Tree Doctrine

Evidence obtained in violation of the Fourth Amendment can be excluded. Derivative evidence ("fruit of the poisonous tree") can also be excluded.

Exceptions:

Good Faith Exception: Reliance on a facially valid, later invalidated warrant.

Clerical Errors: Innocent clerical errors by court employees.

V. Fifth Amendment: Self-Incrimination and Miranda Rights

1. Miranda Warnings: Required for suspects in custodial interrogation. Suspects must be informed of:

Right to remain silent.

Anything said can be used against them in court.

Right to an attorney.

Right to a court-appointed attorney if they cannot afford one.

2. Invoking and Waiving Miranda Rights:

Invocation must be clear and unambiguous.

Waiver must be knowing, intelligent, and voluntary.

3. Public Safety Exception (New York v. Quarles): Allows questions before Miranda warnings if there is an immediate public safety concern.

VI. Sixth Amendment: Right to Counsel and Other Trial Rights

1. Right to Counsel: Attaches at the initiation of formal adversarial proceedings and is offense-specific.

2. Critical Stages of Prosecution: Applies to:

Post-indictment lineups and show-ups

Preliminary hearings