Incorporation, Constitutional Sources of Criminal Procedure

3:19 PM I. Incorporation, Constitutional Sources of Criminal Procedure a. Overview of the Criminal Justice System i. Investigation ii. Arrest (there needs to be probable cause) 1. How to determine if there is probable cause a. There is enough evidence against accused b. A reasonable person believes the evidence 2. Arrests can occur by a police ofÏcer, indictment by a grand jury, or through a summons from a judge/magistrate 3. There needs to be some investigation before some sort of arrest is made pursuant to the 4th Amendment iii. Initial Judicial Appearance 1. Soon after the arrest is made, the arrested person appears before a judge (this may be in the form of an arraignment) iv. Preliminary Hearing 1. Filing of Formal Criminal Charge v. Arraignment 1. At arraignments the defendant will be informed of the charges against him/her, bail may be set or not, and a pleading of guilty or non-guilty will be made vi. Trial vii. Sentencing viii. Appeal ix. Collateral Attack b. Constitutional Amendments (Due Process and Incorporation of the Bill of Rights) i. 4th Amendment 1. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or afÏrmation, and particularly describing the place to be searched, and the persons or things to be seized ii. 5th Amendment 1. …; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law… iii. 6th Amendment 1. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State…to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him…and to have the Assistance of Counsel for his defense iv. 14th Amendment 1. …No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; not shall any State deprive any person of life, liberty, or property, without due process of law… 2. The due process clause of the 14th amendment is how we apply the Bill of Rights to states c. Independent and Adequate Doctrine i. Comm. v. Levy 1. Facts: A police detective saw a Ford occupied by a man and two women pull up to a public telephone. The man made a brief call, returned to the car which drove away. After following the Ford a short distance, the detective noticed that it stopped. The man got out and began pacing. Shortly after, a Pontiac w/ three occupants arrived and the man pacing the street got into the back seat of the Pontiac which traveled around the block. The man then got out and walked back to the Ford. None of the participants was known to the police. Although he saw no exchange of any item, the detective thought he had witnessed a drug transaction. He then learned that the owner of the Pontiac had a suspended license. After obtaining backup, the police stopped the Pontiac. The driver and the defendant, the front seat passenger, were searched and 28 bags of crack cocaine were found in the defendant's boot. The defendant was charged with possession of cocaine with intent to distribute. 2. Background Proceedings: The defendant filed a motion to suppress evidence. The district court granted the motion. The Commonwealth prosecuted an interlocutory appeal in the Appeals Court. The Appeals Court reversed the trial court's ruling. The defendant appealed to the SJC. 3. Holding: Reversed a. The police did not have probable cause to arrest the defendant and search his boot, but b. The police had reasonable suspicion to detain the defendant for questioning