Criminal Procedure Mid-Term Recap: 4th Amendment, Due Process, Searches and Seizures, Arrest Warrants

Criminal Procedure Mid-Term Recap

I. Introduction
This document outlines core criminal procedure principles, focusing on the U.S. and Tennessee constitutions, especially the 4th and 5th Amendments. It highlights key stages from pre-trial rights to search laws, noting the interplay between individual rights and law enforcement, as well as differences between federal and state law, with Tennessee often offering greater protections.

II. Constitutional Foundations

• Federal vs. State Law: U.S. Constitution applies federally, with the Supreme Court as the final authority. Tennessee Constitution provides similar rights, sometimes broader, with the state court as the final authority.
• Probable Cause: A "prompt" probable cause hearing is required after a warrantless arrest (within 48 hours), as per Gerstein v. Pugh and County of Riverside v. McLaughlin. Tennessee immediately follows with a bail hearing.

III. Pre-Trial Rights

• Bail: Guaranteed under Tennessee law, with exceptions for capital offenses. Bail must be reasonable, and excessive bail is prohibited (Stack v. Boyle).
• Pre-Trial Detention: Can be based on future dangerousness, with procedural safeguards (United States v. Salerno).
• Due Process: Fundamental rights, like the right to counsel (Powell v. Alabama), are guaranteed in both federal and state courts, with certain rights applied through selective incorporation (Malloy v. Hogan).

IV. 4th Amendment: Search and Seizure

• Core Protection: Protects against unreasonable searches and seizures, requiring warrants supported by probable cause.
• Probable Cause: Based on reasonable belief of criminal activity or evidence.
• Exclusionary Rule: Evidence obtained illegally is inadmissible (Mapp v. Ohio). Exceptions include the good faith exception (Leon) and inevitable discovery (Hudson).
• Key Cases: Katz v. United States (privacy), California v. Greenwood (garbage), Florida v. Riley (helicopter surveillance), United States v. Jones (GPS tracking).
• Search Exceptions: Include exigent circumstances, automobile searches, and searches incident to arrest. Consent searches do not require warrants.

V. 5th Amendment: Due Process
Ensures fair legal proceedings, prohibits self-incrimination, and mandates hearings before life, liberty, or property can be taken. Due process protections are extended through selective incorporation.

VI. Key Themes and Takeaways

• Balancing Rights and Safety: Criminal procedure balances individual rights and public safety.
• Federalism: States may provide greater protections, but not less, than the federal constitution.
• Warrant Requirements: Warrants must be specific, and probable cause must be based on concrete facts.
• Evolving Law: The Supreme Court continually refines constitutional protections, especially regarding search and seizure.

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