Topic Balancing test critical for most of these things. I. Crim Pro A. complaints 1.formally starts prosecution 2.

on 2. Written statement of essential facts constituting the offense

charged, read in front of judge.

3. code pleading- short version of what is used for a warrant. 4. needs B. Warrants 1. used to notify Ds that they'll be prosecuted. a) not for public safety b) 2. Probable cause a) needs enough reliable info to give magistrate enough info to make a reasonable decision on whether the crime was committed. (Needs premises instead of jsut a conclusion.) C. Arrests- taking someone into custody to answer a charge 1. with informants- two prong test for acceptability a) credibility b) reliable factual knowledge 2. warrantless a) Need pc to arrest (Beck) b) can't break into someone's home to arrest unless exigent circumstances exist (Payton) (1) two prong test for it to be ok i) has to live there ii) reasonable belief that he is home. c) investigation doesn't require pc. (Rios) 3. When does "arrest" occur? a) two prong test (1) would a reasonable person believe they were being detained AND (2) has to submit to authority 4. Deadly force:

 a) use has to be reasonable (1) can't shoot fleeing people if they are not violent. (2) you can shoot fleeing suspects IF i) it is necessary to prevent escape AND ii) there is pc that the suspect will hurt others 5. Knock and announce a) it's ok to not knock and announce if: (1) evidence would be destroyed (2) someone is in danger D.Searches 1. definition- sort of a) only time there is a search is when a reasonable expectation of privacy is violated 2. stop and frisks a) needs a reasonable suspicion to stop and frisk b) when a cop observes suspicious behavior, and has a reasonable fear that the person has a weapon, he can search the outer clothing of the suspect for his own and other's safety. c) There is a difference between a full search and a frisk search (1) full search is looking for anything (2) frisk is just feeling for weapons d) Needs to know by observing (Terry) vs. informants are ok (Adams) e) Cop can ask for id if there is a reasonable suspicion that someone committed or is going to commit a crime. (1) reasonable suspicion requires articuable basis for suspicion f)needs a warrant to search more than terry (Chimmel) 3. random stops and searches a) (Bostick)- the person needs to know their rights, subjectively. b) (Sitz)- roadblocks- balance the policy of getting drunks off the road against 25 second delay 4. consent a) the one whose rights are at stake must be the one to give consent (stoner)

 (1) common authority i) even if person doesn't have common authority, but cops reasonably believe that they do, consent is valid (Illinois v. Rodrigez) ii) people who live together, one can give consent BUT iii) if the other person objects, no consent- (GA v. Randolph) b) Courts have to consider totality of circumstances to determine whether consent was voluntarily given (Schneckloth v. Bustamonte) (1) totality of circumstances includes knowledge of D 5. Sufficient evidence for probable cause a) can not come from two pronged test, must come from totality of the circumstance. (Illinois v. Gates) b) Spinelli- adequately reveals knowledge of facts 2establishes reliability. 6. warrantless searches in houses outside of terry a) no good, 4th amendment is there for a reason EXCEPT 7. In cars- all good, less expectation of privacy, cars are more public a) cars are mobile, can leave jurisdiction, more important for timeliness b) scope of warrantless pc based search- broad as judge could order, pc is only limitation c) containers- higher expectation of privacy, so higher standard to search (1) if container might contain thing they are looking for: it can be seized, opened, and searched (2) trunks are different d) someone else's container- people can take container with them unless there is pc for that particular container e) if a car is towed, cops can search it for "inventory" purposes (1) f) (Carny) motorhomes-same as cars as long as (1) in use, capable of use on highway (2) stationary (3) place not regularly used for residential purposes (4) reduced expectation of privacy because of increased

regulations not necessary for homes. (5) policy- good policing g) 8. standing a) rakas- must be legitimately on premises under jones, but changed to must have legitimate expectation of privacy for property interest items. b) Olson- legitimate expectation privacy is in home c) Carter- no legitimate interest in property when two guys were just in a house for a few hours for commercial reasons. d) Rawlings v. Kentucky- ownership of seized items by itself is insufficient 9. outer-limit cases a) winston v. Lee- can't take a bullet from someone (surgery is too invasive if the evidence is not particularly necessary for conviction) b) putting a pager inside a container that goes into a car is ok. c) once the pager goes to a house though, it violates 4th because one couldn't normally see that d) It's ok to search trash, even shredded paper e) 10. exclusionary rule- read 140-152 E. Informers, eavesdroppind, wiretapping 1.Lewis- undercovers can lie, search is admissible if person is invited to commercial transaction, but not a general search 2. Katz- people are protected by 4th, not the place. Wiretaps should require a warrant, BUT a) US v. White- wires are ok though. people volunteer that info directly to a person. 3.Kilo- thermal imaging w/o warrant is no good because it is not a readily available technology. F. Examination and Identification G.Questioning 1. statements of confession must be voluntary, intelligent, and knowledgeable a) totality of circumstances decides- but need police coersion to 2.6th amendment guarentees miranda stuff

 3. Miranda a) custody- feeling of comfort and being surrounded by others. b) Interrogation- asking questions or otherwise compelling an answer c) Patane rule- fruit of volutary confession regardless of Miranda is not excluded d) exception for emergency e) voluntary statements "let the cat out of the bag"- still admissable after miranda f)trickery will cancel waiver g) "fruit of the poisonous tree" (1) attenuation (brown test)- illegal thing happens closely to the taint, no intervening circumstances, must be flagrant violation (2) Impermissible evidence is permissible if it is used to attack credibility of D (3) imperssible physical ev. is ok w/o miranda (4) narrowest view- needs curative steps to result in allowing bad evidence. H.pluarlity opinions 1. 3 competing schools of thought on how to read them a) narrowest analysis necessary to reconcile all concurring opinions b) only concurring opinion offering narrowest view c) overlapping parts I. eyewitness identification 1. "Critical stage" a) when person is in trouble, the collection of evidence b) 2.Wade- cops persuading lineups, use the Wong Sun test (toality of circumstances) 3.Kirby- need a lawyer after prosecution has begun, not before though.