Ch9. Introduction to Criminal Procedure

Initiating a Criminal Case

Investigation Triggers:
Complaint from victim or witness
Law enforcement observation / undercover operation
Grand jury investigation
Tip from confidential informant

Misdemeanor vs. Felony Charging:
Misdemeanor: information (prosecutor's charging document)
  filed in trial court.
Federal felony: indictment by grand jury required
  (5th Amendment); or information if defendant waives
  grand jury.
State felony: indictment or information depending on
  state constitutional rules.

Victim/Witness Initiated:
Victim reports to law enforcement or a prosecutor.
No right to compel prosecution; prosecutor exercises
  discretion (see Ch5 of criminal-procedure series).
Citizens may also file a civil complaint, but cannot
  personally initiate a criminal prosecution.

Arrest and Detention

Arrest Warrant:
Judicial authorization to seize a person.
Required to arrest a person in their home absent
  exigent circumstances (Payton v. New York, 1980).
Public-place arrest: warrantless if probable cause
  exists (United States v. Watson, 1976).

Warrantless Arrest — Probable Cause:
Officer must have probable cause to believe the person
  committed a crime.

Investigative Stop (Terry Stop):
Brief detention based on reasonable articulable
  suspicion (Terry v. Ohio, 1968).
Officer may pat down outer clothing for weapons.

Detention After Arrest:
County jail booking; presentment before magistrate
  "without unnecessary delay" (Riverside County v.
  McLaughlin, 1991 — within 48 hours).

Miranda Warnings (Miranda v. Arizona, 1966):
Required before custodial interrogation:
"You have the right to remain silent.
 Anything you say can be used against you.
 You have the right to an attorney.
 If you cannot afford an attorney, one will be
 appointed for you."
Invocation: unambiguous assertion of right to silence
  or counsel stops interrogation.

Search and Seizure

Fourth Amendment:
"The right of the people to be secure in their persons,
 houses, papers, and effects, against unreasonable
 searches and seizures, shall not be violated."

Warrant Requirement:
Search warrants: issued by neutral magistrate upon
  probable cause; must particularly describe place to
  be searched and items to be seized.

Warrant Exceptions:
Consent: voluntary consent by person with authority.
Search incident to lawful arrest: person and
  immediate area (Chimel v. California, 1969).
Plain view: incriminating evidence in plain view.
Automobile exception: probable cause to search vehicle
  (Carroll doctrine).
Exigent circumstances: hot pursuit, emergency,
  risk of destruction of evidence.
Inventory searches: lawful impoundment.

Digital Evidence:
Warrant required to search cell phone data (Riley v.
  California, 2014).
Third-party doctrine limited for cell-site location
  records (Carpenter v. United States, 2018).

Exclusionary Rule and Trial

Exclusionary Rule:
Evidence obtained in violation of the 4th, 5th, or 6th
  Amendment is excluded from trial (Mapp v. Ohio, 1961
  — 4th Am. incorporated to states).
Fruit of the Poisonous Tree: derivative evidence
  also suppressed (Wong Sun v. United States, 1963).

Exceptions to Exclusionary Rule:
Good-faith exception: officer relied on facially valid
  warrant later found defective (United States v. Leon,
  1984).
Inevitable discovery: evidence would have been lawfully
  discovered anyway (Nix v. Williams, 1984).
Independent source: evidence found through source
  wholly independent of the illegality.
Attenuation: connection between illegality and evidence
  sufficiently attenuated.

Trial Rights (5th, 6th Amendments):
Grand jury indictment (federal felonies).
Speedy and public trial.
Jury trial (offense punishable by > 6 months).
Confrontation of witnesses.
Compulsory process to obtain witnesses.
Right to counsel (Gideon v. Wainwright, 1963).

Burden of Proof:
Prosecution must prove every element beyond a
  reasonable doubt (In re Winship, 1970).

Presumption of Innocence:
Defendant presumed innocent until proven guilty.
Doubt resolved in defendant's favor (in dubio pro reo).

Miranda Rights = Custodial Interrogation ★★★★★ : Miranda warnings required before any custodial interrogation. Failure to give warnings = statements suppressed (but not physical evidence in most circuits). Memory tip: Custody + questioning = Miranda required.

Exclusionary Rule + Fruit of the Poisonous Tree ★★★★★ : Illegally obtained evidence AND its derivatives are suppressed. Three exceptions: good faith, inevitable discovery, independent source. Memory tip: Tainted = excluded; exceptions = GII (Good faith, Inevitable, Independent).

Probable Cause vs. Reasonable Suspicion ★★★★☆ : Probable cause = fair probability that a crime occurred or evidence will be found (needed for arrest/search warrant). Reasonable articulable suspicion = lower standard for a brief Terry stop. Memory tip: PC = arrest/warrant; RAS = stop only.

Practice Quiz

Q. What is the purpose of the exclusionary rule, and what are its main criticisms?

The exclusionary rule deters police misconduct by removing the benefit of illegally obtained evidence. Without it, law enforcement has an incentive to bypass constitutional requirements. Criticism: the rule lets guilty defendants go free; it does not directly compensate the victim of the unlawful search; and the deterrent effect is uncertain. The Supreme Court has responded with a growing list of exceptions (good faith, inevitable discovery, attenuation) that limit its scope.

Q. What is the difference between a Terry stop and an arrest?

A Terry stop is a brief, investigative detention based on reasonable articulable suspicion. It must be temporary (minutes, not hours) and limited in scope — the officer may pat down outer clothing for weapons but cannot conduct a full search. An arrest requires probable cause, subjects the individual to full custody and booking, and triggers the full Miranda/4th–6th Amendment protections. An unjustified prolonged detention may be treated as a de facto arrest requiring probable cause.