Approach to Criminal Procedure

1- Standing- Possessory interest in place or thing?

2- State Action- is there a government actor involved?

3- Timing- pre or post indictment or arrest

4- Requirements- reasonable suspicion, probable cause

5- Exceptions

Presumptions

• Shifts the burden of production to the opposing

party

• Must be accepted as true, unless rebutted

• A jury instruction creating a presumption as to an

element of the crime charged is unconstitutional and

violates due process

Right for Appeal (jury trial/counsel)

• Right to Jury Trial - Arises where imprisonment for more than 6 months is possible

• Right to Counsel – Arises for felonies or misdemeanors where imprisonment is actually imposed

Reasonable Expectation of Privacy

• If there is a REP, then police intrusion constitutes a search

• If there is NO REP, then police intrusion is not a search