For every crime, you have to find o 1) correlative NY procedural statute o 2) look up elements of every crime

What facts are in question? The slightest variation can bring an argument for a different disposition Root values in the 4, 5 and 6 amendments and 14 amendment which is the catalyst that transfers these other amendments to the states The Police 15,000 police agencies in the US. Lack of uniformity of codes and rules. Variation in police knowledge in the law and protection of rights Discretion built into the Am legal system at the level of the police Originalism has very little applicability in criminal procedure, because police did not exist in the 18th century. Instead you look at what facts merit what interpretation of the 4th or 5th amendment? Everything is a balancing act Exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendants constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law. Totality of the circumstances: indispensible analytical tool or an excuse to justify anything? Testilying: a portmanteau of testify and lying is a slang term for the practice of giving false testimony against a defendant in a criminal trial. It is typically used to make the case against someone they believe to be guilty when minor irregularities during the suspects arrest or search threaten to result in acquittal on a technicality. Defendants who embellish their own testimony, particularly when no evidence contradicts them, can also be said to be testilying. Beyond a 911: To build a community rapport to make people feel safer that you dont have to dial 911 to have the attention of the police. o Mr. Dugay: When the police arrived they found human and animal feces everywhere o The cops stayed longer than it took for the plumbing to be fixed o Any problem with calling CPS? No, as long as the cops are allowed to be where they are. The feces were in plain view o If the cop pulls out the cell phone and calls the DA, the DA should tell the cop to leave the premises until they have a search warrant o But if the suspect returns before the warrant can be obtained, the cops can arrest him o In this case, the cops screwed up and the conviction was vacated. They cannot recharge him because they violated the Ds constitutional rights.

o CPL730 examination psychiatric examination o While the plumber was plumbing, would it be OK for the cops to take pictures of the inside of the apartment? Arguably ambiguous because the cops are there for the plumbing issue and taking the photograph may go too far. o Mr. L: first words I was drinking. Isnt this an intrusion into this guys privacy? No it was his duty to check it out. Police are concerned however, with violation of peoples con rights and tort liability. I was drinking is a command for further investigation. It paid off. o The Right to be Left Alone: strong dissent by a Louisiana judge. The D got 16 months for hitting a cop. Should the cop have minded his own business? Problematic. The cop should not leave such a person unattended o Stanley Jane: charged with obstruction of government administration. This conviction is vacated because the police officers testified that they were not in fear for their lives therefore he did not commit the crime. Fighting words doctrine: police officer is supposed to remain stoic in face of menacing words Line between expressiveness and action o Morales Case Brief Searches and Stops o Common law concept of inquiry: have you heard about this incident? Etc. o Then it changed to an investigation: tone and demeanor more formal Morales: the cops can only tell you to disburse in a designated zone Uniform of any kind other than protected by law can be worn by anybody Intent was to give the police enormous discretion Consent means that an individual knowingly and voluntarily agrees to something You have to produce an ID if the cop asks you to, but they have to have a reasonable interest if you dont produce it, its grounds to detain the person. o Privacy and autonomy is no longer what it used to be. The road to constitutional invalidation is often paved with good intentions General roadblock to detain someone is unconstitutional DWI roadblocks. Baseline 4th am standard Things that the police cannon do: o Set up general roadblocks Plain View Doctrine: o State v. Mihai Bobic o As long as there was probable cause even if nothing was discovered, its ok if there was a warrant. Plain Feel does not exist in New York Over flights by police

o What would make it a plain view exception? Abandoned property Terry pat down is not a search under Con Law o Under Terry reasonable suspicion that criminal activity may be afoot and the person may be armed and presently dangerous the police officer has to have reasonable basis based on suspicion about a specific suspect To be justified it must be: reasonable, articulable and individually based What is a weapon? Object capable of inflicting immediate harm Warrants A police trooper goes to a town court or village court (justice court) to get a signed warrant o Better to go to supreme court or county court in every county in the state of NY o You can bring in any witness in front of the judge Fellow officer can obtain a warrant based on the information given by the affiant (one who makes an affidavit) Would a suppression motion be granted because a person is able to show that there was no probable cause? Probable cause is based on exigent circumstances Terry v. Ohio basis to stop someone who was running from you The fact that a defendant was arrested by the same officer before can never be a deciding factor Confidential Informants The fact that the officer knows the CI, it does not make the CI anonymous but the judge does not have to know the name o Track record of the CI is important balancing test o Problem with that testimony self-serving Gates Test: Totality of circumstances not followed by NY Anonymous Sources Investigative inquiry is not in and of itself a stop Exigent Circumstances o Prosecutors control police investigators: decisions as to jury based on facts etc o NO such thing as an ES if it is created by police because police dont know the law or make up info o Telephonic or anticipatory warrant (anticipatory are rare) o EC allows the initial entry but further inquiry requires a warrant (normally) Particularity in Warrants o Location has to be stated with particularity o Contraband sought has to be stated with particularity Miranda Warnings

o Worthless if the record does not reflect that the person understood the warnings o On the other hand, no constitutional requirement to tell someone that they have no obligation to comply with a police demand o Why is it that some police departments require to sign a right to refuse? Issue of not informing people Opinion Letter: my view of your legal situation is as follows Arrests o Terry stop v. an arrest temporary detention v. restraining someone o How important are Miranda warnings? o Problem with MEB case (316). Can you be under arrest without being told you are under arrest? YES if a reasonable person has a reason to know that they are under arrest. Problem what is reasonable? How is an individual supposed to know? Answer: totality of the circumstances. Length of detention. Anything the police told him etc. Third Partys House: o When can you come in without an arrest warrant? Consent, exigent circumstances Police Discretion o Inherent in police function and unlimited in prosecutorial measure Paper arrest: citation or appearance ticket o What kind of search can you perform with a paper citation? Car can be pounded Article 35 Decision prospective or retrospective burglary is not a violent crime and hence the use of violent force is per se unreasonable Principle of proportionality force has to be proportional to the threat Exclusionary Rule o Evidence obtained illegally is excluded way to control the police and the government Remedies for Unreasonable Searches and Seizures o Making a mandatory stop in certain circumstances: comes from the greater awareness of domestic violence and the reality that in most cases the victims are women; fear of civil liability Eye witness IDs are often dead wrong o Ties into the concept of Terry v. Ohio detention but not custody o Gunshot detectors alerts the police to a direction and distance of where it came from o You dont want the cops pointing out people randomly to the victim in the back of the car o Unless its a high crime area, the cops are not blaze all the time Photo array done by FBI or Detectives

Usually six photographs are presented to the witness, either in person or via postal mail, and upon identifying the suspect based on photograph only, the correct image is circled, signed, and dated by the witness. This method is not only useful for situations involving uncooperative suspects, but also for crimes that do not warrant funding for an elaborate identification procedure. Pitfalls of the photo array: unlike the mug book, photo array is highly suggestive. o Line-ups: are you entitled to have a lawyer? Not critical unless a state law mandates it
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