Criminal ProcedureCriminal Procedure ArrestArrest ““First appearance”First appearance”

– Determine probable causeDetermine probable cause– Appoint lawyerAppoint lawyer– Set bailSet bail

Preliminary hearing/informationPreliminary hearing/information Grand jury/indictmentGrand jury/indictment ArraignmentArraignment Pre-trial motionsPre-trial motions Plea bargainingPlea bargaining

Constitutional requirements: Constitutional requirements: overviewoverview

Application to federal government Application to federal government and statesand states

Search and seizure Search and seizure ConfessionsConfessions The Exclusionary RuleThe Exclusionary Rule Rights of criminal defendants at trialRights of criminal defendants at trial Appeal and Habeas CorpusAppeal and Habeas Corpus

The law of search and The law of search and seizureseizure

What is a “search”?What is a “search”? When is it “unreasonable”?When is it “unreasonable”?

– The warrant requirementThe warrant requirement– Searches without a warrantSearches without a warrant

With probable causeWith probable cause Without probable causeWithout probable cause

Unreasonable “seizures”Unreasonable “seizures”– ArrestsArrests– ““Terry” stopsTerry” stops

ConfessionsConfessions

The voluntariness requirementThe voluntariness requirement Miranda warningsMiranda warnings

– Right to remain silentRight to remain silent– Right to counselRight to counsel

Waiver of Miranda rightsWaiver of Miranda rights– Must be knowing and voluntaryMust be knowing and voluntary

The Exclusionary RuleThe Exclusionary Rule

Evidence obtained in violation of Evidence obtained in violation of constitutional rights is excluded at constitutional rights is excluded at trialtrial

Justifications:Justifications:– Deter police from violating constitutionDeter police from violating constitution– Preserve integrity of judicial systemPreserve integrity of judicial system

Good faith exceptionGood faith exception Impeachment exceptionImpeachment exception

Defendant’s rights at trialDefendant’s rights at trial Speedy trialSpeedy trial Public trialPublic trial Trial by juryTrial by jury Impartial juryImpartial jury Right not to testifyRight not to testify Right to confront accusersRight to confront accusers Right to counsel (at state expense)Right to counsel (at state expense) Proof beyond a reasonable doubtProof beyond a reasonable doubt No double jeopardyNo double jeopardy Right to appealRight to appeal Right to writ of habeas corpusRight to writ of habeas corpus