Professional Documents
Culture Documents
Criminal Law
Requires an act coupled with a mental state
1Actus
i.
(4)
Criminal Procedure
2Fourth Amendment - Search and Seizure
Reasonable Expectation of Privacy - intentional governmental action
(a)
(search) - invading a persons personal space, area or
property
(b)
(seizure = arrest) - restricting/ terminating a persons
personal freedom
(c)
levels of intrusion - People v DeBour, 40 NY2d 210, 386
NYS2d 375 (1976) - the crucial factor is whether or not the
police behavior can be characterized as reasonable which,
in terms of accepted standards, requires a balancing of the
interests involved in the police inquiry (People v Ingle, 36
218 NY2d 413, 419, supra.; Terry v Ohio, 392 US 1, 2021, supra.; Camara v Municipal Ct, 387 US 523, 536- 537;
People v Cantor, 36 NY2d 106, supra.; People v Kuhn, 33
NY2d 203, 209).
(i)
Request for Information
1)
objective credible reason for approach
2)
no indication of criminal activity required
(ii)
Common Law Right of Inquiry
1)
founded suspicion that criminal activity is
afoot
2)
interfere with citizen to gain explanatory
information for a brief period of time
(iii)
Forcible Stop and Detention
1)
demand explanation of persons conduct
2)
reasonable suspicion to belief person is, has
or about to commit a crime
3)
longer period of detention to investigate
4)
may frisk and search for weapons within
grab area or otherwise in plain view
(iv)
Formal Arrest
1)
probable cause
2)
arrest without warrant in public is okay
3)
arrest in home/residence without warrant is
not okay absent exigent circumstances, hot
pursuit or consent
Probable Cause
Requires specific, objective, articulable facts that:
1. reasonably likely that crime was committed
2. reasonably likely that perpetrator committed it
1. Must be ordered by judge authorizing the search or seizure
2. Reasonable cause to believe a search will reveal a specific illegality
Purpose:
1. demonstrate to the suspect that the police are
willing to recognize the right to counsel if suspect
chooses to
2. because of the severity of custodial interrogation
- the nature of it is that the circumstances act
quickly to overbear the will of the suspect
Custody
1. Whether a person, otherwise innocent of a crime, would
have felt free to leave
2. Restriction of natural freedom of movement
3. Guns need not be drawn, handcuffs need not be applied,
arrest need not be said
4. Police intentions are a factor but not determinative
Interrogation
1. Questions or statements designed to elicit an
incriminating response
2. Acceptable practices include:
a. pedigree
b. spontaneous utterances
c. police statements inducing admissions may be
okay depending on circumstances
Waiver of rights must be knowing & voluntarily
intelligently understand what they mean
aware of the consequences of waiving understand the significance of actions
Exceptions (federal, not New York):
a. public safety
b. coerced provided that there is other
evidence of guilt - discuss how much is
enough?
c. unequivocal request for lawyer in order to
stop questioning suspect in custody asking
maybe I should talk to a lawyer, do I need
one? isnt an unequivocal request for
counsel
d. spontaneous - if precluded, may use on
cross examination of defendant (if testifies)
to impeach credibility provided it wasnt the
product of physical abuse (Harris rule)