CRIMINAL PROCEDURE (LAW 5206 -
LS3-2101) OUTLINE FOR SUMMER
SEMISTER.
,1
Criminal Procedure Outline Summer 2025
I. Introduction to the Criminal Justice Process
a. Law enforcement investigates the cases.
i. Collects evidence
1. Documentation of the crime
2. Depends on type of crime
ii. Secure the scene
iii. Secure body or vic
iv. The then do a probable cause arrest or take to prosecutor to review the
case
v. Can ask for the state to issue an arrest warrant
1. Want fingerprints
2. Want DNA
3. Want a statement
Note Florida: Most cases in Florida can make an arrest without a warrant
vi. For misdemeanor the cop must see all elements of a crime
1. Except for domestic violence and shoplifting
2. Can rely on witness and marks/wounds on vic.
vii. Felony do not need to see all elements can rely on the fellow officer rule
b. Once a person is arrested they go before a judge for their first appearance
i. Judge will tell them what they are charged with
ii. Judge will determine if the charges are supported by probable cause
1. Officer when arresting must fill out a probable cause affidavit
a. What happened/facts that support the arrest
iii. If the judge finds no probable cause, then the state has 72 hours to find
probable cause with additional facts
iv. Judge will then find if the defendant has an attorney, if no then ask if he
can afford one and if no then he fills out a financial form and is adequate
then he is appointed a public defender
v. Judge will then see if defendant can post bond if not then he will consider
reducing the bond to what the defendant can afford
vi. Judge sets the hearing
c. In Florida proscecution does not begin till an indictment is filed
d. Rule 4-3.8 FL Bar Code of Ethics
i. Applies to prosecutors
II. What Constitutes a Search?
a. Fourth Amendment of the U.S. constitution
i. A search or seizure cannot violate the 4th Amendment of the United States
Constitution
1. Search
a. Examination of an area looking for something in an area
closed to the public or from general view is infringed.
b. Occurs when an expectation of privacy is found reasonable
by society and infringed
c. Almost all searches require probable cause
, 2
d. What constitutes a search?
i. Look for contraband, or someone who you have
probable cause to search
2. Plain View
a. Not a search as long as the police officer has a right to be
there
b. Has to be recognized immediately without manipulating the
suspected contraband
i. Cannot have to
1. Open it and look inside
2. Move it
3. Manipulate in any way
3. Seizure
a. Take something into police possession
4. Fourth Amendment states and explanation:
a. “The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not to be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
b. Guarantees that everyone has the right to be secure in our
homes, persons, papers and effects.
c. Protects from nothing more than an unreasonable
government invasion
d. Protects only from unreasonable search and seizure
e. You cannot search or enter without PROBABLE CAUSE
f. Probable Cause defined
i. Probable cause is based upon the totality of the
circumstance (all facts and circumstances) known to
the officer at the time, would a reasonable person
believe that what the officer is looking for is in the
place where the officer is going to look at the time
he is going to look.
ii. Giving all the circumstances is there a probability
that the evidence will be in that place at that time.
iii. Always deals in probabilities
5. NOTE Florida Article I Constitution Bill of Rights
a. Section12
b. Searches and seizures
6. Trespass Doctrine
a. No longer used
b. Was used to determine if a 4th amendment violation had
occurred
c. There had to have been a physical intrusion or trespass by
government agents into a constitutionally protected area
LS3-2101) OUTLINE FOR SUMMER
SEMISTER.
,1
Criminal Procedure Outline Summer 2025
I. Introduction to the Criminal Justice Process
a. Law enforcement investigates the cases.
i. Collects evidence
1. Documentation of the crime
2. Depends on type of crime
ii. Secure the scene
iii. Secure body or vic
iv. The then do a probable cause arrest or take to prosecutor to review the
case
v. Can ask for the state to issue an arrest warrant
1. Want fingerprints
2. Want DNA
3. Want a statement
Note Florida: Most cases in Florida can make an arrest without a warrant
vi. For misdemeanor the cop must see all elements of a crime
1. Except for domestic violence and shoplifting
2. Can rely on witness and marks/wounds on vic.
vii. Felony do not need to see all elements can rely on the fellow officer rule
b. Once a person is arrested they go before a judge for their first appearance
i. Judge will tell them what they are charged with
ii. Judge will determine if the charges are supported by probable cause
1. Officer when arresting must fill out a probable cause affidavit
a. What happened/facts that support the arrest
iii. If the judge finds no probable cause, then the state has 72 hours to find
probable cause with additional facts
iv. Judge will then find if the defendant has an attorney, if no then ask if he
can afford one and if no then he fills out a financial form and is adequate
then he is appointed a public defender
v. Judge will then see if defendant can post bond if not then he will consider
reducing the bond to what the defendant can afford
vi. Judge sets the hearing
c. In Florida proscecution does not begin till an indictment is filed
d. Rule 4-3.8 FL Bar Code of Ethics
i. Applies to prosecutors
II. What Constitutes a Search?
a. Fourth Amendment of the U.S. constitution
i. A search or seizure cannot violate the 4th Amendment of the United States
Constitution
1. Search
a. Examination of an area looking for something in an area
closed to the public or from general view is infringed.
b. Occurs when an expectation of privacy is found reasonable
by society and infringed
c. Almost all searches require probable cause
, 2
d. What constitutes a search?
i. Look for contraband, or someone who you have
probable cause to search
2. Plain View
a. Not a search as long as the police officer has a right to be
there
b. Has to be recognized immediately without manipulating the
suspected contraband
i. Cannot have to
1. Open it and look inside
2. Move it
3. Manipulate in any way
3. Seizure
a. Take something into police possession
4. Fourth Amendment states and explanation:
a. “The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not to be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.”
b. Guarantees that everyone has the right to be secure in our
homes, persons, papers and effects.
c. Protects from nothing more than an unreasonable
government invasion
d. Protects only from unreasonable search and seizure
e. You cannot search or enter without PROBABLE CAUSE
f. Probable Cause defined
i. Probable cause is based upon the totality of the
circumstance (all facts and circumstances) known to
the officer at the time, would a reasonable person
believe that what the officer is looking for is in the
place where the officer is going to look at the time
he is going to look.
ii. Giving all the circumstances is there a probability
that the evidence will be in that place at that time.
iii. Always deals in probabilities
5. NOTE Florida Article I Constitution Bill of Rights
a. Section12
b. Searches and seizures
6. Trespass Doctrine
a. No longer used
b. Was used to determine if a 4th amendment violation had
occurred
c. There had to have been a physical intrusion or trespass by
government agents into a constitutionally protected area
