Criminal Procedure

Confessions and Admissions in Criminal Cases Confessions and admissions can be among the most powerful forms of evidence in a criminal case. Unlike physical evidence, which must be discovered, collected, authenticated, and interpreted, a confession or admission can appear to provide the defendant’s own account of what happened. But the Read more

Police Interrogation Police interrogation is one of the most important stages of a criminal investigation because it directly concerns the government’s attempt to obtain information, admissions, or confessions from a person suspected of criminal conduct. Unlike a search, which ordinarily concerns physical or digital evidence, interrogation seeks evidence through the Read more

The Plain View Doctrine The plain view doctrine is a Fourth Amendment principle that permits law enforcement officers to seize certain evidence without a warrant when the evidence is openly visible to them from a place where they are lawfully entitled to be. The doctrine is often described in simple Read more

Search Incident to Arrest A search incident to arrest is a warrantless search that may be conducted in connection with a lawful arrest under the Fourth Amendment. The doctrine recognizes that an arrest creates particular concerns for officer safety and the preservation of evidence, and it permits police to search Read more

Consent Searches A consent search is a search conducted by law enforcement without a warrant because a person voluntarily agrees to the search. Consent is one of the recognized exceptions to the general Fourth Amendment preference for searches conducted pursuant to a warrant. Unlike some other warrantless-search doctrines, consent does Read more

Exigent Circumstances Exigent circumstances are circumstances that create an urgent need for law enforcement to act without first obtaining a warrant. The doctrine is an important exception to the general Fourth Amendment preference for prior judicial authorization. The underlying principle is practical but constitutionally significant. A warrant requirement assumes that Read more

Warrantless Searches A warrantless search is a search conducted by government officials without first obtaining a search warrant from a judge or magistrate. Because the Fourth Amendment generally protects people against unreasonable searches and seizures, warrantless searches occupy an important and sometimes misunderstood place in American criminal procedure. The absence Read more

Searches and Seizures in Criminal Investigations Searches and seizures are among the most important forms of governmental action regulated by the Fourth Amendment. During a criminal investigation, law enforcement officers may need to examine a person’s home, vehicle, clothing, electronic devices, business records, or other property. They may also temporarily Read more

Arrest Warrants An arrest warrant is a judicial authorization permitting law enforcement to take a particular person into custody because there is probable cause to believe that the person committed a criminal offense. Unlike an arrest that occurs solely on an officer’s authority, an arrest warrant places a judge or Read more