Detailed Study Notes on Constitutional Law and Criminal Procedure

Chapter Overview

• Review chapters relating to constitutional foundations, focusing on shared and enumerated powers.

  • Important to ensure understanding for the test, which will cover up to chapter three only.

Magna Carta

• Importance as a foundational document for American law.

  • Established concepts of rights valued in the United States.

  • Passed in the 13th century in England but not effectively implemented.

  • Known as the Great Charter; influenced ideas like probable cause.

Probable Cause

• Defined as a legal standard indicating more likely than not that a crime has been committed or will be committed.

  • Directly connected to the reasonable man standard.

  • Established multiple times by the Supreme Court.

  • Crucial for seizing evidence or arrests.

FISA (Foreign Intelligence Surveillance Act)

• Defined as a statute intended to surveil non-Americans within US borders for intelligence purposes.

  • In place before the Patriot Act; overlaps in some legal actions.

  • Originated in the late 1960s or early 1970s.

  • Introduced concept of "reasonable suspicion."

Case Study: FBI Surveillance

• Historical case involving the FBI surveilling a family believed to have terrorist connections.

  • Example illustrates how FISA was used against American citizens suspected of terrorist activity.

  • Outcome resulted in tragic consequences, raising ethical concerns about surveillance on American soil.

Reasonable Doubt and Its Legal Implications

• Definition: a standard of proof requiring that a juror be left with an abiding conviction of the defendant's guilt.

  • Not all doubt must be eliminated; just the reasonable person's doubt.

  • Reference case: OJ Simpson trial, focusing on witness credibility and jury perception.

  • Importance in considering race, past police behavior, and its impact on legal outcomes.

Reasonable Suspicion vs. Probable Cause

• Reasonable suspicion is a lower legal standard used initially in FISA and later referenced in the Patriot Act.

• Critical distinction:

  • Probable cause is needed to make arrests or search warrants, while reasonable suspicion can justify stops or investigative detentions.

  • Application in law enforcement practices (e.g., traffic stops where evidence leads officers to suspect a crime).

US Patriot Act

• Encourage students to review sections of the Patriot Act perceived as governmental overreach.

  • Emphasizes the president’s authority to seize assets without judicial review, raising civil liberties concerns.

Court Cases

1. Carroll vs. US - Early case involving automobiles and searches.

   • Focused on defining probable cause within specific contexts.

2. Illinois vs. Gates - Primarily about due process and thresholds for probable cause.

Arrest vs. Detention

• Changes in terminology: what was once classified as arrest is now often termed as investigative detention.

  • Criticism regarding the legal basis for detaining individuals versus explicitly arresting them.

• Impact of this terminology shift on individuals' rights.

Miranda Rights

• Clarification of when Miranda rights kick in: only during custodial interrogation.

  • Misunderstanding often arises from arrests leading to false assumptions of automatic Miranda application.

  • Important context regarding police procedures and false claims about un-Mirandized detentions.

Legal Concept of Privacy

• Right to privacy inferred but not explicitly outlined in the Constitution.

  • Recognized through various court cases; important to understand scope and limitations.

1. Olmstead Case - Initially determined lack of privacy rights outside the home.

2. Katz Case - Reversed the Olmstead decision, establishing expectations of privacy when reasonable efforts to secure privacy are made.

Employee Privacy Rights

• Distinctions between public and private sector employee rights to privacy.

  • Expectation of privacy in workplace versus public property settings.

  • Expectations are different for minors under guardianship within school settings compared to adults in universities.

Search and Seizure

• Discussion of what constitutes reasonable searches, specifics required in warrants, and implications of exceeding warrant scope.

  • Importance of descriptive specificity in search warrants and potential consequences of overreaching searches.

Types of Warrants

1. Anticipatory Search Warrant - Allows searches based on evidence not currently available.

2. General Search Warrants - Broader scope, used typically in drug cases.

3. Sneak and Peak Warrants - Used for covert operations like electronic surveillance.

4. No-Knock Warrants - Used when there's imminent danger or evidence might be destroyed.

Conclusion Issues of Law Enforcement Practices

• Emphasize the balance between individual rights protections and the government's duty to maintain public safety.

  • Focus on maintaining stringent standards to prevent overreach and unlawful conduct.