Unit 5 Criminal Procedure PS-LCRP-9. Students will link constitutional limitations to proper...

Unit 5 Criminal Procedure

PS-LCRP-9. Students will link constitutional limitations to proper prosecutorial procedure. a. Identify each stage of the criminal investigation leading to

indictment. b. Appraise the constitutionality of police investigative actions. c. Demonstrate basic understanding of probable cause.d. Describe Supreme Court cases that impact the justice system.

Essential Question: What legal issues are to be considered when investigating crime?

Authority of the Police

Chapter TwoCriminal Procedure

Judy Hails

I. Detaining a Suspect for Questioning

• Fourth Amendment applies to detention of suspect whether or not there is an arrest• Time, intrusion of freedom of locomotion,

and other factors determine if “arrest” takes place • Important – Miranda and others standards

linked to arrest/detention issue

Essential Question: What legal issues are to be considered when investigating crime? 6

A. Stop for questioning

• Terry v. Ohio (1968) detention of suspects without probable cause to arrest or consent of the suspect• Must have reasonable suspicion that

there is criminal activity afoot–Based on a reasonable officer standard–Need specific, articulable facts indicating

criminal activityEssential Question: What legal issues are to be considered when investigating crime? 7

A. Stop for questioning (con’t)

• Request Identification–May request identification when there is

reasonable suspicion of criminal activity–State must set specific standards for the

types of identification that may be required

Summary: Constitutional StandardDetention• Standard: Reasonable suspicion criminal activity is afoot– Must have specific facts. – Consider:

• all surrounding circumstances• reasonable officer's experience

• Purpose: Question suspects to determine if they are involved in criminal activity

• Duration: Brief detention — depends on facts• Outcome: Arrest if probable cause exists at end of detention– May arrest on outstanding warrants– If no probable cause suspect must be released– May retain notes for later investigations


B. Pat down for weapons

• Terry v. Ohio (1968) allows a pat down for weapons only if there is reasonable suspicion that the suspect is armed– Not automatic– Search limited to pat down of outer clothing for

weapons that could be used to harm the officer– If officer feels something believed to be a

weapon, the officer may retrieve it


B. Pat down for weapons

• Plain View applies to all items discovered in this manner• Plain Feel applies if officer is able to tell

that item is contraband


Summary: Search• Standard: Reasonable suspicion person detained is armed– Consider bulges in clothing that indicate concealed

weapon – Consider type of crime under investigation

• Purpose: Prevent injury to officer• Scope: Limited search for weapons– Pat down of outer clothing for weapons– May check items suspect is carrying if a weapon could be

concealed in it– If officer feels something believed to be a weapon the

officer may retrieve itEssential Question: What legal issues are to be considered when investigating crime? 1

2

Summary: Search (con’t)

• Objects other than weapons may be seized only if:– Item felt like a weapon during patdown– Officer determined item was contraband by its distinctive

feel before retrieving it– If suspect in a car at time of detention the passenger

compartment of the car may be searched for weapons• Outcomes: Item seized is admissible in court if officer in good

faith believed:– item felt like a weapon– item felt like contraband


C. Search of vehicles

• IF there is reasonable suspicion that there are weapons in a vehicle when the occupant has been stopped on reasonable suspicion –officer may search passenger

compartment for weapons–Same rule applies to traffic stops where

no custodial arrest is madeEssential Question: What legal issues are to be considered when investigating crime? 14

D. Fingerprinting

• May fingerprint suspect in the field during a Terry stop • May NOT take suspect to station for

fingerprinting


E. Interrogation

• May briefly question suspect in the field• May NOT transport suspect to station for

interrogation without probable cause


II. Arrest

• Restrictions on the power to arrest come from both common law and the Fourth Amendment


A. Probable cause to arrest

• Probable cause exists where the facts and circumstances would warrant a person of reasonable caution to believe that an offense was or is being committed

• Or the existence of circumstances which would lead a reasonably prudent man to believe in guilt of arrested party


A. Probable cause to arrest

• Mere suspicion or belief, unsupported by facts or circumstances, is insufficient.

• PC justifying officer’s arrest without warrant has been defined as situation where officer has more evidence favoring suspicion that person is guilty of crime than evidence against such suspicion, but there is some room for doubt.


Totality of the Circumstances Test

• May rely on own observations and facts obtained from others• Consider motivation to lie, inherent

probability of event occurring as described, etc.


B. Felony arrest

• Peace officers are usually authorized to arrest if there is probable cause that a felony was committed and the person to be arrested committed it


C. Misdemeanor Arrest

• Traditional rule gives peace officers the authority to arrest when there is probable cause that a misdemeanor was committed only if the crime occurred in the officer’s presence• NOT IN GEORGIA


D. Warrant Required by the 4th Amendment

• Arrest warrant is required to enter the suspect’s home to arrest him/her

• Search warrant is required to enter a 3rd person’s home to make an arrest

• “Knock notice” procedures must be followed when entering a dwelling


“Knock notice” procedures:

• Knock or otherwise draw attention to his/her presence• Announce purpose of the visit• Wait long enough for a cooperative person

to respond• Enter — may use force if necessary


E. Search Incident to Arrest

• When a custodial arrest is made the officer may conduct a thorough search of:– the person arrested and – the area under his/her immediate control

(“arms reach” or “wingspan” rule)–Chimel v California

• Must be done immediately (“contemporaneous”) after the arrest



• Items seized do not have to be related to the crime the person was arrested for committing

• When person arrested was in car at time of arrest–May thoroughly search the entire passenger

compartment



• “Protective Sweep” may be conducted– Includes area immediately surrounding the

location where the arrest was made–Quick search for people who may be hiding;

only look where a person could be concealed–Need reasonable suspicion to extend search

to more distant locations


F. Booking

• Booking occurs when a person enters the jail or holding facility–At time of arrest–Each time person arrives to serve “week-ends” or

other intermittent sentence–When returning to jail after work furlough or other

leave


F. Booking

• Thorough search of person is permitted including strip search, body cavity search–Thorough search of any items (including closed

containers) in the possession of person being booked is permitted–Miranda does not apply to brief questioning

regarding names, person to notify in emergency, etc.• Extended questions requires Miranda warnings


Arrest Summary• All arrests must be based on probable cause– Probable cause is defined as sufficient facts to convince a

reasonable person that it is more likely than not that a crime was committed and the suspect committed it

• Arrest warrants are required only if:– Officers enter suspect's home without consent to make

the arrest in non-emergency situations– Search warrant is required if officers wish to enter

another person's home without consent to arrest the suspect

– State law may require arrest warrant in situations not mandated by Fourth Amendment


Arrest Summary

Search incident to legal custodial arrest• Person arrested and area under his/her immediate control – Search must be done at time and place of arrest – Thorough search permitted

• Officer does not have to believe the person is armed or has evidence in his/her possession

• Items found are admissible even if they do not relate to the crime that the person was arrested for committing

– If person was in car at time of arrest the entire passenger compartment may be thoroughly searched


Arrest Summary

Booking Searches - Anytime a person is booked into the jail facility

• Search of Person - Thorough search of person — including:– Strip search and body cavity search– May be limited on misdemeanors

• Search of Property– Thorough search of anything in the person’s

possession– May search closed containers


The Warrant Process

Chapter Three

Arrest Warrants:Warrant Clause• No Warrant shall be issued:

but upon probable causesupported by Oath or affirmation

• and particularly describing: the place to be searched, and the person • or things to be seized


Arrest Warrant

• Starts with Affidavit - swearing of facts• Affidavit must provide:–Facts to establish probable cause that a

specific crime was committed–Extensive information, include everything


Arrest WarrantArrest warrant must specify:• Crime(s) charged• Identity of person to be arrested–Name and aliases • “John Doe” warrant can be issued if true name is not

known–Description of person - give as much detail as available

so that officers making arrest can verify that they have the right person:• Age, DOB,Height, weight, etc.


Arrest Warrant

• Name of court and judge that issue warrant• Date warrant was issued • In Georgia, if theft, the warrant must also give

a name, description, and value of the item(s) stolen and the owner

• See 17-4-40


Search WarrantsAffidavit must contain:• Facts to establish probable cause that there are

items of evidence that can be seized with a warrant– "Totality of the circumstances" test used to

determine if probable cause has been established– Information that is stale may not be used


Search WarrantsAffidavit must contain:• Facts to establish the location of the

items to be seized– Identify the building to be searched• 123 North Main Street

–Describe the portion of the building where the evidence is believed to be located• in the garage


Search WarrantsWarrants must contain:• Location that may be searched• Items that officers may search for• Date warrant was signed• Name of signature of judge who approved the

warrant• See 17-5-21&22 for Georgia requirements


Electronic Surveillance Warrants• Title III and most state laws restrict use of electronic

surveillance warrants to investigations of major felonies • Show normal investigative techniques have been

unsuccessful or reason why these techniques will not work• Must make efforts to minimize intrusion into privacy of

persons not involved in criminal activity whose conversations are intercepted

• Transcripts of all seized conversations must be filed with the court

• Considered MAJOR privacy invasion


Bench Warrant

• issued by judge after conviction • used when person does not appear in court


Drafting Affidavits• Affidavit must contain facts • Judge decides if PC exists• Supreme Court currently uses the Illinois v.

Gates (1983) totality of the circumstances test when evaluating whether the affidavit establishes PC

• No longer necessary to establish that each piece of information came from a person known to be reliable


Drafting Affidavits• Police should corroborate as many facts as

possible when dealing with informant whose reliability has not been established

• Types of information that may be included:–Officer's first-hand observations– Information from other officers–Facts learned from informants


Drafting Affidavits• Facts learned from informants–Crime victims and people who witnessed

crime•Assumed to be credible unless facts

indicate a motive to distort facts•Common problem is that they do not

provide sufficient details to identify perpetrator


Drafting Affidavits• Facts learned from informants–Confidential informants• Officer knows identity of informant but has

promised that identity will not be revealed–Anonymous informants• Unknown person provides information without

disclosing identity• Stale information (facts that are too old to be reliable)

cannot be used in an affidavit for a search warrant


Obtaining Warrant from Judge• Prepare all necessary affidavits• Complete required forms• Present affidavits and forms to judge– Must be a neutral magistrate

• Local court rules may require that application be presented to specific judge

• If a judge rejects application it may not be given to another judge unless affidavits have been prepared with additional facts

• Search warrant must be issued by judge in the geographical jurisdiction where search will occur


Executing Warrants• Must take at least one copy of warrant to location where

it will be executed– Person whose premises is searched is entitled to a

copy of the warrant– If no one is present at the time, a copy should be left

at the premises• Knock Notice applies when entering residential units• Knock Notice exceptions (Exigent)– Emergencies– Evidence destruction


Executing Warrants• May look only in locations that could conceal

items the warrant authorizes the officers to seize –“Elephant in a drawer”

• May seize items not listed on warrant if they are found in plain view and there is PC to seize them

• No authority to pick up an item and examine it to see if there is PC to seize it


Executing Warrants“Returning”• Inventory of items seized during execution of

search warrant is written on the warrant's "Return"

• Return is filed with the court• A copy of the return must be given to the

person whose premises was search or, if no one is present, left at the location


Arrest Warrants

• Officers may make an arrest based on information in abstract of warrant

• Good faith effort must be made to verify that person arrested is same one named in the warrant

• Actual warrant must be produced at first court appearance


Chapter Four

Other Search & Seizure Issues

Entering to Conduct an Investigation Entering to Conduct an Investigation

• No special right to enter premises in order to investigate a crime– Entry to rescue people is permitted

• No special right to enter premises in order to investigate a crime– Entry to rescue people is permitted


Entering to Conduct an InvestigationEntering to Conduct an Investigation

“Knock-Notice” applies to entry of residences absent consent or emergency1. Knock, ring doorbell or otherwise make presence

known2. State who is there and purpose (“Police! We

have a warrant.”)3. Wait long enough for a cooperative person to

open the door4. Enter - force may be used if necessary to gain

entry

“Knock-Notice” applies to entry of residences absent consent or emergency1. Knock, ring doorbell or otherwise make presence

known2. State who is there and purpose (“Police! We

have a warrant.”)3. Wait long enough for a cooperative person to

open the door4. Enter - force may be used if necessary to gain

entry Essential Question: What legal issues are to be considered when investigating crime? 55


• Wilson v Arkansas allows for exceptions to “knock-notice” for –Danger to officer–Destruction of evidence–Escape of suspect–Rescue people in danger

• Wilson v Arkansas allows for exceptions to “knock-notice” for –Danger to officer–Destruction of evidence–Escape of suspect–Rescue people in danger



• Warrant is required to enter dwellingArrest warrant is needed to enter suspect’s

home to arrest him/herSearch warrant is required to enter anyone

else’s home to arrest the suspectSearch warrant is required to enter for other

purposes UNLESS there is a recognized exception to the warrant requirement that applies

• Warrant is required to enter dwellingArrest warrant is needed to enter suspect’s

home to arrest him/herSearch warrant is required to enter anyone

else’s home to arrest the suspectSearch warrant is required to enter for other

purposes UNLESS there is a recognized exception to the warrant requirement that applies


Plain View DoctrinePlain View Doctrine

• Plain view doctrine has three key elements: • Plain view doctrine has three key

elements:



1. According to Arizona v Hicks objects must be where officers can observe them.– Officer can walk around, bend or use

flashlight to make a better observation– Cannot pick items up to look for serial

numbers, etc.– Finding items does not have to come as

a surprise to the officers

1. According to Arizona v Hicks objects must be where officers can observe them.– Officer can walk around, bend or use

flashlight to make a better observation– Cannot pick items up to look for serial

numbers, etc.– Finding items does not have to come as

a surprise to the officers Essential Question: What legal issues are to be considered when investigating crime? 59


2. Officers must be legally at the location where the observation was made.– Must have complied with “knock-

notice”– May be at location to execute search

warrant or for any other legal reason

2. Officers must be legally at the location where the observation was made.– Must have complied with “knock-

notice”– May be at location to execute search

warrant or for any other legal reason



3. Probable cause is required to seize what was observed.– All facts known about item — both before

discovery and as a result of finding it — can be used to establish probable cause

– If probable cause not established, facts may be retained and used later

3. Probable cause is required to seize what was observed.– All facts known about item — both before

discovery and as a result of finding it — can be used to establish probable cause

– If probable cause not established, facts may be retained and used later


Abandoned Property Abandoned Property

• No Fourth Amendment Issues Relate to Seizure of Abandoned Property–No one has a privacy interest —

because no one possesses it

• No Fourth Amendment Issues Relate to Seizure of Abandoned Property–No one has a privacy interest —

because no one possesses it


Consent Consent

• Three key points must be considered to determine if valid consent has been obtained for a search:

• Three key points must be considered to determine if valid consent has been obtained for a search:


Consent Consent

1. Consent must be given voluntarily based on the totality of the circumstances–Do NOT have to advise person of the right to

refuse to consent to a search• Schneckloth v. Bustamonte

–Simulating a search warrant invalidates consent — person seen as merely acquiescing to authority–Use of force or intimidation will invalidate consent

— considered on a case-by-case analysis

1. Consent must be given voluntarily based on the totality of the circumstances–Do NOT have to advise person of the right to

refuse to consent to a search• Schneckloth v. Bustamonte

–Simulating a search warrant invalidates consent — person seen as merely acquiescing to authority–Use of force or intimidation will invalidate consent

— considered on a case-by-case analysis


Consent Consent

2. Consent to search is based on a person with apparent authority –If person appears to have authority over the

area, officers are not responsible for reasonable mistakes related to whether actual authority exists–Privacy interest — not ownership — is

required

2. Consent to search is based on a person with apparent authority –If person appears to have authority over the

area, officers are not responsible for reasonable mistakes related to whether actual authority exists–Privacy interest — not ownership — is

requiredEssential Question: What legal issues are to be considered when investigating crime? 65

Consent

3. What can be searched based on the consent–Person giving consent controls what

can be searched and how long the search may continue–Consent can be withdrawn at any time

without justification

3. What can be searched based on the consent–Person giving consent controls what

can be searched and how long the search may continue–Consent can be withdrawn at any time

without justification Essential Question: What legal issues are to be considered when investigating crime? 66

Vehicle SearchesVehicle Searches

• Vehicle Stopped Based on Reasonable Suspicion–If there is reasonable suspicion that

there are weapons in the car, officers may search the passenger compartment for weapons

• Vehicle Stopped Based on Reasonable Suspicion–If there is reasonable suspicion that

there are weapons in the car, officers may search the passenger compartment for weapons



• Person in Vehicle Is Arrested–May conduct thorough search of

passenger compartment•Must be done contemporaneously with arrest–Arizona v Gant

• Person in Vehicle Is Arrested–May conduct thorough search of

passenger compartment•Must be done contemporaneously with arrest–Arizona v Gant



Probable Cause Search of Vehicle • Carroll V U.S. established “Motor Vehicle Exception”–May search car as thoroughly as if judge had issued a

search warrant• Restricted to portion of car that probable cause

indicates contains evidence–Does not need to be done at the time the vehicle is

stopped — may tow car to impound lot and search it later–Do not need to show an emergency prevented officers

from obtaining a search warrant

Probable Cause Search of Vehicle • Carroll V U.S. established “Motor Vehicle Exception”–May search car as thoroughly as if judge had issued a

search warrant• Restricted to portion of car that probable cause

indicates contains evidence–Does not need to be done at the time the vehicle is

stopped — may tow car to impound lot and search it later–Do not need to show an emergency prevented officers

from obtaining a search warrant



• Inventory of Impounded Vehicle–Anytime a vehicle is impounded,

someone may inventory the vehicle and look for items subject to theft

• Inventory of Impounded Vehicle–Anytime a vehicle is impounded,

someone may inventory the vehicle and look for items subject to theft



• Search of Outside of Vehicle–Plain View Doctrine applies •must be legally at the location

• Search of Outside of Vehicle–Plain View Doctrine applies •must be legally at the location



• Closed Containers Found in Vehicles– According to US v Ross, may be

opened if found during:1.Search incident to arrest2.Inventory 3.Probable cause search

• Closed Containers Found in Vehicles– According to US v Ross, may be

opened if found during:1.Search incident to arrest2.Inventory 3.Probable cause search


Blood, Breath and Urine TestsBlood, Breath and Urine Tests

• No Fifth Amendment privilege to refuse to give samples of body fluids

• No Fifth Amendment privilege to refuse to give samples of body fluids



Fourth Amendment issues:• Detention to obtain sample – Suspect can be detained in the field based on

reasonable suspicion– Probable cause is required to transport the

suspect to police station or hospital to obtain sample• No warrant is required if normal body

functions would destroy evidence during the time required to obtain a search warrant

Fourth Amendment issues:• Detention to obtain sample – Suspect can be detained in the field based on

reasonable suspicion– Probable cause is required to transport the

suspect to police station or hospital to obtain sample• No warrant is required if normal body

functions would destroy evidence during the time required to obtain a search warrant



Detention to obtain sample (con’t.) – Only reasonable force may be used to

obtain the samples• Surgical procedures require court

order or search warrant

Detention to obtain sample (con’t.) – Only reasonable force may be used to

obtain the samples• Surgical procedures require court

order or search warrant



Due Process Issues :• Cannot use methods that “shock the

conscience” in order to obtain the sample

Due Process Issues :• Cannot use methods that “shock the

conscience” in order to obtain the sample


Misplaced Reliance DoctrineMisplaced Reliance Doctrine

• Allows use of conversation when person who was a party to it tells police about what was said

• Allows placing informant or undercover officer in situation to hear what is said and report back to the police

• Allows use of conversation when person who was a party to it tells police about what was said

• Allows placing informant or undercover officer in situation to hear what is said and report back to the police


Misplaced Reliance DoctrineMisplaced Reliance Doctrine

• May carry tape recorder or transmitting device to save conversations for use during investigation and trial – Key: Person knew someone heard the

conversation and could report it to authorities

• May carry tape recorder or transmitting device to save conversations for use during investigation and trial – Key: Person knew someone heard the

conversation and could report it to authorities


Electronic Surveillance Warrant Electronic Surveillance Warrant

• Required to use wiretaps or listening devices if no one who is a party to the conversation consented to the interception

• Detailed procedures apply to obtaining this type of search warrant

• Required to use wiretaps or listening devices if no one who is a party to the conversation consented to the interception

• Detailed procedures apply to obtaining this type of search warrant


Closed Containers Closed Containers

Closed Container Rule:• Officers may seize closed containers

based on probable cause• A search warrant is required to open the

closed container

Closed Container Rule:• Officers may seize closed containers

based on probable cause• A search warrant is required to open the

closed container



Exceptions to Closed Container Rule :• Searching of vehicles– Incident to arrest– Probable cause search– Inventory of impounded vehicle

• Booking searches

Exceptions to Closed Container Rule :• Searching of vehicles– Incident to arrest– Probable cause search– Inventory of impounded vehicle

• Booking searches Essential Question: What legal issues are to be considered when investigating crime? 81


Re-opening Closed Containers • When private party who has legal possession

of a closed container opens it, the owner loses any privacy interest in the contents– Police may re-open package if it was

closed or re-sealed prior to delivering it to the police

Re-opening Closed Containers • When private party who has legal possession

of a closed container opens it, the owner loses any privacy interest in the contents– Police may re-open package if it was

closed or re-sealed prior to delivering it to the police



Re-opening Closed Containers • Police may re-seal container and conduct

a “controlled delivery”– Owner may regain privacy interest if

package is out of sight of officers for a considerable length of time

Re-opening Closed Containers • Police may re-seal container and conduct

a “controlled delivery”– Owner may regain privacy interest if

package is out of sight of officers for a considerable length of time


Chapter Five

Interrogation & Identification Procedures

Self Incrimination: Fifth Amendment

• Limited to Testimonial Communications that Could Result in Conviction


Does NOT apply to:• Body fluids — blood tests, breath tests,

urine tests• Tissue samples for DNA testing• Identification procedures — photographs,

line-ups, show-ups• Handwriting and voice exemplars• Movements — sobriety test, posing as

directed, wearing clothing found at crime scene Essential Question: What legal issues are to be considered when investigating crime? 86

Can NOT be used:

• Shield another person• Protect against civil liability


Suspect must be informed of the right to remain silent prior

to custodial interrogation


Custodial means the person is not free to leave


Warnings are NOT required:

• Temporary detention • Traffic citation issued without taking

the violator into custody


Interrogation includes both direct and indirect questioning


Miranda warnings must be given prior to custodial interrogation:


Waiver of Miranda warnings must be knowing, intelligent and voluntary:

• Knowing — suspect has been advised of the Miranda rights

• Intelligent — suspect has sufficient intelligence to understand the Miranda warnings

• Voluntary — no coercion can be used to obtain the waiver Essential Question: What legal issues are to be considered when investigating crime? 93

Subsequent Interrogations

• If prior interrogation session violated Miranda rights:–Statements from improperly

conducted session are inadmissible



• Statements obtained at later session may be admissible–Must have proper Miranda warnings and

waiver• Fruit of Poison Tree analysis — case by

case determination if prior error taints later interrogation sessions



• If prior interrogation session was conducted properly (including valid Miranda waiver) and it ended without suspect invoking Miranda right to remain silent or to have an attorney present:



• May resume interrogation at any time• Suspect retains right to invoke Miranda

at any time• New Miranda warnings required only if

suspect may have forgotten his/her rights



• If prior interrogation session ended because suspect invoked Miranda right to remain silent–Wait sufficient time to indicate rights

will be scrupulously guarded–New set of warnings and a waiver are

required



• If prior interrogation session ended because the suspect invoked Miranda right to have an attorney present :–Must have attorney present at subsequent

interrogation– If officer initiates the interrogation, waiver

valid only if attorney present when waiver is made



• If prior interrogation session ended because the suspect invoked Miranda right to have an attorney present :– If suspect requested to talk to the police

— waiver of Miranda rights would be required BUT the waiver could be obtained without an attorney present


Identification Procedures

• Line-up Several people are shown to eyewitness • Show-up One person is shown to

eyewitness• Photographic line-up Pictures are

shown to eyewitness



• Fourth Amendment Rights–Need reasonable suspicion in order to

detain a suspect in the field to be identified–Need probable cause to transport

suspect to station (or other location) for identification or questioning



• Fifth Amendment– Suspect can NOT claim Fifth Amendment as

a reason to refuse to participate in identification procedures

• Sixth Amendment– Suspect has the right to have an attorney

present during show-ups and line-ups held after arraignment or indictment on the charges



• Fifth Amendment–No right to have an attorney present

during photographic line-up at any time



• Due Process:– Line-ups and photographic line-ups must

not be unduly suggestive–Need sufficient selection — 5 to 7 people

recommended–People displayed need to look similar —

should not have any features that make one person stand out



• Due Process:–Anything that one person in the line-up

is asked to do should be done by every person in the line-up–Witnesses must make selection

without coaching by police or others



• Show-ups are judged on the credibility of the eye witness.



• Consider:–opportunity to observe suspect during

crime–degree of attention witness paid to

suspect at crime scene– level of certainty of witness when

making identification


Right to Counsel

• Sixth Amendment Right to Counsel — Basic Rules–Government required to provide

attorneys for defendants who cannot afford to hire an attorney–Applies from arraignment through

sentencing and first direct appeal


Right to Counsel

• Sixth Amendment Right to Counsel — Basic Rules–Indigent defendant cannot be

sentenced to jail unless he/she was given an attorney–Defendant has the right to refuse an

attorney at represent self


Right to Counsel

• Sixth Amendment Issues When Interrogating Suspect–Right to counsel attaches at the

arraignment or indictment–After this point, police may interview

suspect only if suspect has attorney present or has waived the right to counsel


Right to Counsel

• This rule applies to both police and police informants

• Applies to both in-custody and out-of-custody interrogation

• Only applies to charges on which suspect has been arraigned or indicted


Right to Counsel

• Applies to conversations with the defendant in courthouse• Applies to interview of defendant by

prosecution experts such as psychiatrists and polygraph operators


Unit 5 Criminal Procedure

PS-LCRP-9. Students will link constitutional limitations to proper prosecutorial procedure. a. Identify each stage of the criminal investigation leading to

indictment. b. Appraise the constitutionality of police investigative actions. c. Demonstrate basic understanding of probable cause.d. Describe Supreme Court cases that impact the justice system.

Essential Question: What legal issues are to be considered when investigating crime?

Unit 5 Criminal Procedure PS-LCRP-9. Students will link constitutional limitations to proper...

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