The Judicial Process
The Judicial Process CJA 2400
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This 5 page Class Notes was uploaded by Candida Hayes on Wednesday September 23, 2015. The Class Notes belongs to CJA 2400 at Middle Tennessee State University taught by Lance Selva in Fall. Since its upload, it has received 23 views. For similar materials see /class/212957/cja-2400-middle-tennessee-state-university in Criminal Justice at Middle Tennessee State University.
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Date Created: 09/23/15
4 components of arrest intent authorityseizure subjection communication and understanding arresting wo warrant they must see you committing a crime or have probably cause you committed one doubtful marginal case dif cult to determine if probable cause exists he resolution should be largely determined by the preference to be accorded warrants 4th amendment protects against illegal search and seizes protects protects people not places no search warrant can be issued to search people The Plain View Doctrine An officer may seize anything in plain view that is as long as he has probable cause to believe it has been involved in a crime not exception to the SW requirement lll Vs Gates totality of circumstances where police don39t need to pass both prongs independently one weak prong can be made up by the other Aguiler vs Texas 1964 two prong test reliability amp basis of knowledge outlines the requirements of credibility that an anonymous informant must have before the police may use the informants tips as evidence standard for probable cause tennessee readopt two prong test to get more information and protection State vs Jacquin particularity description 4th amendment lays out quotparticularity requirementquot for place to be search and items to be seized exclusionary rule any evidence used without warrant can39t be used because of an illegal search therefore it is excluded from the case to ensure a fair trail requirement of search warrant 1st detached neutral issued byjudicial magistrates neutral amp detached and seeing if there39s probable cause 3 copies are required information from informant can be used for probable cause Tenn doesn39t accept anonymous persons as probably cause has to be informant reputation also from past criminal activity can be considered in determining probably cause if there are facts indicating such past activities are created TN 5 days to carry search warrant FED 10 Balancing test is used to determine intrusion in body Previous immeaciable evidence can be used 3rd way of probable cause information amp cooperation ordinary citizen criminal and police what39s knowingly exposed to the public even in the privacy oftheir own home is NOT protected by 4th amendment Voir Dire one sided process establish prior track record is one way to establish reliability info against penile interest matchbox doctrine not searching for big items in tiny areas all dependent upon size view must take place from legal standpoint amp obtained through traditional surveillance words do NOT constitute arrest misdemeanor 1129 or less felony one year or more during misdemeanor general rule officer must witness some part of offense to be legal arrest wo warrant exception is shoplifting felony probable cause they committed the crime is dispatch report announcement rule officers must announce presence authority and purpose 4 situations where police don39t have to go through rule officers safety would be in danger presence and the purpose of officers are already known probability of escape by the person they are after imitate threat or destruction of evidence fruits of poisonous tree any other evidence whether it is verbal or physical which is either direct or indirect result ofan illegal search must be excluded CASES Katz vs US 1967 established reasonable expectation of privacy quotapproachquot protecting persons not places When a person seeks to preserve a private event in an area accessible to the public maybe protected by the 4th amendment must exhibit a subjective expectation of privacy such as closing a bathroom door and society must recognize the expectation as reasonable and justifiable such as a privacy fence Texas vs Brown enhancement devices Kyllo vs US 2001 police used heatindex measuring device to see heat exiting one house and determined it was a drug house but that was only because ofthe use of technology Zucher vs Standford Daily police got warrant to enter home ofquotnonsuspectquot to search for or seize contraband Ybarrar vs lllinois police are not able to search anyone otherthan who is on the warrant unless there39s probable cause particularized to that person that they39ve committed a crime scope of search depends upon object being searched for Winston vs Lee balancing test balancing individuals privacy that must be weighed against the states and need for evidence US vs Leon quotGood faith exceptionquot to search warrant ifthe warrant he39s technical deficiency they are not going to overturn it Minnesota vs Dickerson wasn39t plain touch police manipulated the item in pockets