“ copyright © allyn & bacon 2008 criminal evidence chapter four: doctrine of justification...

“Copyright © Allyn & Bacon 2008 “Copyright © Allyn & Bacon 2008

Criminal EvidenceCriminal EvidenceCriminal EvidenceCriminal Evidence

Chapter Four: Chapter Four: Doctrine of Justification

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Probable CauseProbable Cause

Probable causeProbable cause: amount of evidence : amount of evidence necessary to cause a necessary to cause a reasonable officerreasonable officer to to believe that a suspect probably committed believe that a suspect probably committed the crime the crime Weigh difference between possibility and Weigh difference between possibility and

probability probability ““Reasonable Officer” similar training, Reasonable Officer” similar training,

background and experience, reach the same background and experience, reach the same conclusion. conclusion.


Reasonable SuspicionReasonable Suspicion

Reasonable suspicion:Reasonable suspicion: a standard which is a standard which is less than probable cause, but one which is less than probable cause, but one which is sufficient to authorize an investigative sufficient to authorize an investigative detention. detention.

Search for Weapons during a police Search for Weapons during a police contact. contact.


Beyond a Reasonable Doubt Beyond a Reasonable Doubt

Highest standard of proofHighest standard of proof Sometimes defined as "to a moral Sometimes defined as "to a moral

certainty" certainty"


The Expectation of PrivacyThe Expectation of Privacy

People have a right to privacyPeople have a right to privacy Not a direct Constitutional right, but can be Not a direct Constitutional right, but can be

inferred from Constitutioninferred from Constitution Also based on state and federal statutes, Also based on state and federal statutes,

state constitutions and case lawstate constitutions and case law


WarrantsWarrants

44thth Amendment: “warrants shall issue, but Amendment: “warrants shall issue, but upon probable cause, supported by Oath upon probable cause, supported by Oath or affirmation, and particularly describing or affirmation, and particularly describing the place to be searched, and persons or the place to be searched, and persons or things to be seized”things to be seized”

Search warrants can only be issued upon Search warrants can only be issued upon a showing of probable cause a showing of probable cause

““totality of the circumstances” test totality of the circumstances” test


Staleness, Particularity and Staleness, Particularity and VicinageVicinage

Other important issues in issuance of Other important issues in issuance of search warrant:search warrant:

Staleness: cannot be too much time Staleness: cannot be too much time between application for warrant / between application for warrant / factors that lead to desire for warrant factors that lead to desire for warrant and the time of execution of the and the time of execution of the warrant. warrant.


Staleness, Particularity and Staleness, Particularity and VicinageVicinage

Particularity: all warrants are required to Particularity: all warrants are required to identify with specificity and particularity the identify with specificity and particularity the place to be searched, the items to be place to be searched, the items to be seized, and the criminal behavior in seized, and the criminal behavior in question. question.

Vicinage: warrants may only be issued by Vicinage: warrants may only be issued by judicial officials bearing authority over the judicial officials bearing authority over the location in question. location in question.


Types of WarrantsTypes of Warrants Anticipatory search warrantsAnticipatory search warrants: extremely unique : extremely unique

in that they are issued prior to the arrival of the in that they are issued prior to the arrival of the evidence in a particular locationevidence in a particular location often used in narcotics cases (drugs to be delivered)often used in narcotics cases (drugs to be delivered)

Sneak-and-peak warrantsSneak-and-peak warrants: issued in situations in : issued in situations in which law enforcement officers gain surreptitious which law enforcement officers gain surreptitious entry into areas where a reasonable expectation entry into areas where a reasonable expectation of privacy exists (e.g. residences, offices) place of privacy exists (e.g. residences, offices) place cameras, GPS, or to look but not disturb cameras, GPS, or to look but not disturb evidence. evidence.


Types of Warrants – cont.Types of Warrants – cont.

No-knock warrant: requires demonstration No-knock warrant: requires demonstration of the potential for of circumvention of of the potential for of circumvention of justice or threat to human life. (Historically justice or threat to human life. (Historically was to avoid confrontations.)was to avoid confrontations.)

Nighttime search warrants: most warrants Nighttime search warrants: most warrants are executed during daylight hours (6am – are executed during daylight hours (6am – 10pm) for a variety of reasons, but 10pm) for a variety of reasons, but nighttime warrants are allowable. nighttime warrants are allowable.

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