Allegany College
of Maryland
Criminal Evidence and Procedure
Important Terms &Topics
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This course examines criminal
procedure and the admissibility of testimonial and physical evidence
in trials and hearings. The study of cases is emphasized because court
decisions apply legal principles to a set of facts which eases learning
of the principles or rules utilized. Through the discussion of court
decisions, students can visualize the use of legal principles by law
enforcement and correctional officers and others involved in the justice
system.
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Introduction:
- Evidence (definition)
- Criminal Procedure (definition)
- Fairness balance in justice
system: rights of accused vs. societal need to control crime.
- Sources of evidence law
- Standardization in evidence
law
- Use of force by police officers
- Tennessee v. Garner (1985)
Criminal
Procedure :
- Order of Events in Felony Case
- Criminal Complaint
- Arrest Warrant or
Criminal Summons
- Initial Appearance
- Preliminary Examination or Hearing
- Grand Jury
- Indictment or Information
- Arraignment
- Pleas
- Not Guilty
- Guilty
- Nolo contendere or no contest
- Alford plea
- Conditional plea of guilt
- Insanity (some states)
- Plea Bargaining
- Admissibility of statements
made in negotiations
- Discovery
- Types of Information Exchanged
- Brady Rule
for exculpatory evidence
- Duty to preserve evidence
- Perjured testimony and false evidence
- Features of criminal trials compared
to civil trials
Types
& Quantities of Evidence
- Evidence (definition)
- Direct Evidence
- Circumstantial Evidence
- Syndromes
- Sufficiency of Evidence Standard
- Testimonial Evidence
- Tangible or Physical Evidence
- Credible Evidence
- Admissible Evidence
- Presumptions
- Inferences
- Voluntary Conversations
- Reasonable Suspicion
- When a "seizure" occurs
under the 4th Amendment
- Probable Cause
- Proof Beyond a Reasonable Doubt
- What different quantums of evidence
permit law enforcement officers to do
Witnesses
- Witness Competency
- Rules of Evidence
- Personal Knowledge
- Common Law Competency
- Children & People with Mental
Disabilities
- Lay Witnesses
- Expert Witnesses
- Who decides witness competency
and credibility?
- Subpoena
- Subpoena Duces Tecum
- Where a subpoena may be served
- Rape Shield Laws
- Hypnosis of Witness
Exclusionary
Rule :
- Exclusionary Rule
- Effect and operation
- Purpose
- Weeks v. United States
- Mapp v. Ohio
- Good Faith Exception
- Fruit of the Poisonous Tree Doctrine
- Wong Sun v. United States
- Standing to Challenge Exclusionary
Rule
Seizure
of Evidence That Does Not Implicate the 4th Amendment
- 4th Amendment and "Reasonable
Expectation of Privacy"
- Plain View
- Three elements
- Plain hearing
- Lights and other vision aids
- Plain smell
- Plain touch
- Thermographic imaging and
Other "High-Tech" Aids
- Private Searches
- Burdeau Rule
- Three important elements
- Field test for drugs
- Open, but private land
- Open Fields Doctrine
- Curtilage
- Curtilage factors in United
States v. Dunn
- Abandoned Property
- Personal property
- Intent of owner and release
of physical possession
- "Throw down" cases
- Denial of ownership
- Trash outside the curtilage
- Unattended autos controlled
by statute
- Motel rooms, lockers, etc.,
controlled by terms of agreement
- Fourth Amendment in Prisons and
Jails
- Consent Searches
- Voluntariness
- Capacity to give consent
- Buildings or parts of
buildings
- Motor vehicles
Search
Warrants
- "A warrant makes it better"
- Search Warrant - definition and
requirements for validity
- Probable Cause
- Probability, not certainty,
not possibility
- Draper v. U.S. (1959)
and Illinois v. Gates (1983)
- Totality of the circumstances
test
- Reliability of anonymous tips
- Particularity reqiurement
- More specificity for items
in common use at location
- Less specificity for contraband
- Object of search controls
scope of search
- Plain view search while executing
warrants
- Knock Requirement
- 4 elements
- Wilson v. Arkansas (1995)
- Hudson v. Michigan (2006)
- 3 exceptions to knock requirement
- Detaining occupants on premises
to be searched
- Detention while awaiting issuance
of warrant
- Detention while executing
warrant
- Searches of persons detained
on premises
Temporary
Stops and Arrests
- Voluntary conversations
- Listener takes notes, records,
or transmits conversation
- When a detention or seizure occurs
for 4th Amendment purposes
- Temporary Detentions
- Reasonable Suspicion
- Terry v. Ohio 1968)
- Permissible searches
- Permissible length of time
- Investigative arrest on less than
probable cause
- Arrest
- Definition
- Compare: traffic stop; temporary
detention; voluntary conversation
- Search Incident to Arrest
- Subject in building or
public area - Chimel v. California (1969)
- Subject in motor vehicle
- U.S. v.Robinson (1983), N.Y. v. Belton (1981)
- Subject given citation
instead of custodial arrest.
- Consent searches
- Inventory Searches
- Evidence from the human body
- Blood samples - blood alcohol
content and HIV testing
- Fingerprints & photos
- Fingernail scappings &
hand swabs
- Voice & handwriting exemplars
- Stomach pumping & surgery
Privilege
Against Self-Incrimination
- Distinguish confession from incriminating
statement
- Voluntariness
- Physical coercion - Brown
v. Mississippi
- Totality of the circumstances
factors - Rogers v. Richmond
- Psychological pressures as
well as physical coercion
- McNabb-Mallory Rule
- Miranda v. Arizona
- Applies to custodial interrogations
- Procedural safeguards (Miranda
warnings)
- Exceptions include:
- Terry
stops
- Routine traffic stops
- Subject "blurting
out" statement
- Routine booking questions
- Public Safety Exception -
N.Y. v. Quarles
- California Rescue Doctrine
- Edwards v. Arizona
- Massiah
Doctrine
- Polygraph Evidence Inadmissible
Police
Entry into Private Premises
- Role of 4th Amendment
- What is included in "Houses"
under the 4th Amendment
- Authorization to Enter
- Search Warrant
- Consent
- Exigent Circumstances
- Arrest Warrant (Arrestee's
residence)
- Probable Cause, without more?
- Payton Doctrine
- Plain View after legal entry
- Arrest Warrant
- Exigent Circumstances
- Emergency Aid - Life in Jeopardy
- "Hot Pursuit"
- "Now or Never"
- Urgent Need or Dorman
Doctrine
- Consent Searches
- Public Areas & Common Areas
of Buildings
- Ordering suspects out
- Protective Sweeps
Vehicle
Stops
- What we already know
- Vehicle search incident to
arrest
- Consent search of vehicles
- Plain view - 3 elements
- Distinguish houses from vehicles
for 4th Amendment purposes
- Authority to stop a vehicle
- No reason - Delaware v.
Prouse
- Reasonable suspicion - U.S.
v. Cortez
- Probable cause - N.Y.
v. Belton
- Ulterior motive - Whren
v. U.S.
- Roadblocks and checkpoints
- Sobriety checkpoints - Sitz
v. Mich. Dept. S.P.
- Limitation on officer's discretion
- General crime fighting - Indianapolis
v. Edmond
- Information seeking - Illinois
v. Lidster (2004)
- Who can give consent to search
a car?
- Scope of consent search
- Driver's license, other documents,
VIN, other ID systems
- Protective measures during temporary
stop of car
- Carroll
Rule or Automobile Exception to Warrant Requirement
- Probable Cause Requirement
- Containers
- Property of passengers
- Movement of car before search
- Types of vehicles
- Inventory searches
- Policy or procedure controls
Identification
Procedures
- Incorrect Eyewitness Identification
- Show-Ups
- Definition
- "Inherently suggestive"
- Circumstances permitting show-ups
- Factors to analyze identification
credibility
- Line-Ups
- Definition
- Proper procedure
- Right to counsel
- Photo Arrays
- Proper procedure
- No right to counsel
Physical
Evidence, Photos, and Documents
- Physical or Tangible Evidence
- Trace Evidence
- Admission of Physical Evidence
- Genuineness and authenticity
- Chain of Custody
- Types of items requiring complete
chain
- Types of items where lack
of a chain may not be critical
- Admission of Photographs
- Similar rules for photos,
X-rays, video, movies, maps, etc.
- Genuineness and authenticity
- Admission of Documents
- Genuineness and authenticity
- Best evidence rule
- Fourth Amendment protection for
documents
- Items found in plain view
- Records of financial institutions
and other businesses
Electronic
Survellance
- Overheard and voluntary conversations
- Misplaced reliance doctrine
- Survellance devices:
- Wiretapping
- "Bugging"
- Pen register
- Trap and trace device
- Electronic tracking
- Court order or warrant requirement
- Exceptions:
- Phone conversation where
one party consents
- Tracking devices under certain
circumstances
- Compare U.S. v. Knotts
with U.S. v. Karo
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About
the Professor
Lowell Markey
holds a law degree (JD) from West Virginia University and also has
a master's degree from the University of Lousiville. He served as
a law clerk to a U.S. District Court Judge and has experience as a
private practice lawyer, college and court administrator, and college
teacher. He is married to Terri and they are the proud parents of
an adult son and daughter. Pursuing a life-long interest in the great
outdoors, he is a summer season naturalist at Delaware Seashore State
Park (picture).
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For more information on Criminal Justice
104 - Criminal Evidence and Procedure contact:
Dr. Lowell Markey
Allegany College of Maryland
Willowbrook Road
Cumberland, MD 21502-2596
301-784-5300 or e-mail: lmarkey@allegany.edu
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