LexisNexis AnswerGuide New York Criminal Procedure

The one-volume LexisNexis AnswerGuide New York Criminal Procedure provides direct, New York-specific answers to questions that arise in day-to-day practice. It covers important topics related to criminal procedure, including all aspects of the preparation for the defense or prosecution of a criminal case.
Publisher: Matthew Bender
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2017 Edition
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ISBN: 9781522121848
Publisher: Matthew Bender
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Book Edition: 2017

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Authored by Barry Kamins, Esq., and Warren J. Murray, Esq., LexisNexis AnswerGuide New York Criminal Procedure provides direct, New York-specific answers to questions that arise in day-to-day criminal law practice. It offers valuable insights prepared by the subject matter experts and active NY practitioners for dedicated Criminal defense lawyers, prosecutors, trial lawyers, civil practitioners, new associates and paralegals. It covers important topics related to criminal court proceedings, including initial defense and prosecution strategies, criminal court jurisdiction, arraignment, bail, grand jury issues, discovery, admission of evidence, sentencing and pre and post-trial motions and hearings. It includes over 60 detailed, task-oriented checklists and more than 200 practice pointers (Warning, Strategic Point, Exception, Timing, Practice Resources) to ensure best practices and avoidance of potential practice pitfalls.

The eBook features links to Lexis Advance for further legal research options.

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Table of Contents

Chapter 1 INITIATING DEFENSE OF CLIENTS IN CRIMINAL CASES

PART A: PROCEDURAL CONTEXT

1.01 Procedural Context—Initiating Defense of Clients in
Criminal Cases

PART B: OBTAINING INFORMATION DURING INITIAL DISCUSSION
WITH DEFENDANT FOLLOWING ARREST

1.02 Checklist for Obtaining Information During Initial
Discussion With Defendant Following Arrest

1.03 Discussing Defense Counsel’s Representation Following
Defendant’s Arrest

PART C: CONDUCTING DEFENSE COUNSEL’S MEETINGS WITH
CLIENT

1.04 Checklist for Conducting Defense Counsel’s Meetings With
Client

1.05 Initiating Contact With Defendant After Being Retained by
Someone on Defendant’s Behalf

1.06 Using Attorney-Client Privilege to Build Trust With Client

1.07 Meeting Client in Police Custody

1.08 Meeting Client at Arraignment

1.09 Preparing to Meet With Client at Counsel’s Office

1.10 Conducting In-Depth Interview of Client at Defense
Counsel’s Office

1.11 Representing Specific Categories of Criminal Clients

PART D: ARRANGING DEFENSE COUNSEL’S RETAINER AND FEE

1.12 Checklist for Arranging Defense Counsel’s Retainer and Fee

1.13 Determining Defense Counsel’s Fee for Different Types of
Clients

1.14 Providing Letter of Engagement and Obtaining Written
Agreement for Clients

1.15 Billing Clients and Using Escrow Accounts

1.16 Filing IRS Form 8300 When Necessary

PART E: MANAGING AND INVESTIGATING CLIENT’S CASE

1.17 Checklist for Managing and Investigating Client’s Case

1.18 Hiring Defense Investigators and Experts

1.19 Interviewing and Managing Defense Witnesses

1.20 Organizing Defense File and Handling Caseload

PART F: ANALYZING CASE TO PREPARE FOR TRIAL AND OTHER
PRELIMINARY PROCEEDINGS

1.21 Checklist for Analyzing Case to Prepare for Trial and Other
Preliminary Proceedings

1.22 Formulating Defense Case Strategy Based on Meeting With
Client

1.23 Evaluating Defense Witness Testimony and Other Evidence

1.24 Exploring Potential Defenses for Client

Chapter 2 PREPARING TO PROSECUTE CRIMINAL CASES

PART A: PROCEDURAL CONTEXT

2.01 Procedural Context—Preparing to Prosecute Criminal Cases

PART B: COMMENCING PROSECUTION OF CRIMINAL CASE

2.02 Checklist for Commencing Prosecution of Criminal Cases

2.03 Investigating Criminal Charges to Prepare to Prosecute
Criminal Defendant

2.04 Distinguishing Complaint Procedures Based on Size of
District Attorney’s Office

2.05 Appointing Special District Attorney to Act During District
Attorney’s Disqualification or Absence

PART C: PROSECUTING SPECIFIC CATEGORIES OF DEFENDANTS

2.06 Checklist for Prosecuting Specific Categories of Defendants

2.07 Prosecuting Youthful and Juvenile Offenders

2.08 Prosecuting Absent Defendants and Fugitives

2.08.1 Prosecuting Defendant With Mental Problems

2.08.2 Prosecuting Defendants with Substance Abuse Problems

PART D: MANAGING PROSECUTION’S INVESTIGATION OF
DEFENDANT’S CASE

2.09 Checklist for Managing Prosecution’s Investigation of
Defendant’s Case

2.10 Participating in Investigation of Evidence Against Defendant

2.11 Interviewing Prosecution Witnesses Before Trial

2.12 Maintaining and Managing Multiple Cases in District
Attorney’s Office

PART E: BEGINNING TO PREPARE FOR TRIAL

2.13 Checklist for Beginning to Prepare for Trial

2.14 Formulating Case Strategy and Anticipating Arguments

2.15 Developing Prosecution’s Case

Chapter 3 EVALUATING CRIMINAL COURT JURISDICTION

PART A: PROCEDURAL CONTEXT

3.01 Procedural Context—Evaluating Criminal Court Jurisdiction

PART B: IDENTIFYING COURTS WITH CRIMINAL JURISDICTION

3.02 Checklist for Identifying Courts With Criminal Jurisdiction

3.03 Understanding Jurisdiction of Superior and Local Criminal
Courts

3.04 Determining Court’s Jurisdiction

PART C: DETERMINING IF NEW YORK CRIMINAL COURT HAS
SUBJECT MATTER JURISDICTION

3.05 Checklist for Determining if New York Criminal Court Has
Subject Matter Jurisdiction

3.06 Distinguishing Between Local and Superior Court

Preliminary Jurisdiction and Trial Jurisdiction

3.07 Removing Actions from One Local Criminal Court to
Another

3.08 Requesting Removal of Misdemeanor Case to Superior Court
by Prosecutor’s Motion

PART D: DETERMINING IF NEW YORK COURT HAS GEOGRAPHIC
JURISDICTION OVER OFFENSE

3.09 Checklist for Determining if New York Court Has
Geographic Jurisdiction over Offense

3.10 Distinguishing Burdens of Proof for Jurisdiction and Venue

3.11 Determining if State Has Geographic Jurisdiction

3.12 Determining Whether Particular County, City, Town, or
Village Has Geographic Jurisdiction

3.13 Challenging Geographic Jurisdiction

PART E: DETERMINING NEW YORK’S GEOGRAPHICAL
JURISDICTION OVER OFFENSES INVOLVING
COMMUNICATION AND TRANSPORTATION BETWEEN
JURISDICTIONS

3.14 Checklist for Determining New York’s Geographical
Jurisdiction over Offenses Involving Communication and
Transportation Between Jurisdictions

3.15 Communicating Information and Transporting Property
Between Jurisdictions

Chapter 4 PREPARING FOR ARRAIGNMENT AND
PRELIMINARY HEARING


PART A: PROCEDURAL CONTEXT

4.01 Procedural Context—Preparing for Arraignment

PART B: SATISFYING PURPOSE OF ARRAIGNMENT

4.02 Checklist for Understanding and Fulfilling Purpose of
Arraignment

4.03 Ensuring Defendant’s Rights Are Protected at Arraignment
4.04 Entering Plea at Arraignment

PART C: MANAGING ARRAIGNMENT PROCEEDINGS

4.05 Checklist for Managing Arraignment Proceedings

4.06 Satisfying Statutory Requirements of Speedy and Public
Arraignment

4.07 Navigating Court Procedures at Arraignment in Misdemeanor
Cases

4.08 Handling Arraignment on Felony Complaints

4.09 Handling Arraignment on Indictments

4.10 Fulfilling Prosecutor’s Responsibilities at Arraignment

4.11 Fulfilling Defense Counsel’s Responsibilities at Arraignment

PART D: HOLDING FELONY PRELIMINARY HEARING

4.12 Checklist for Holding Felony Preliminary Hearing

4.13 Understanding Purpose of Felony Preliminary Hearing

4.14 Waiving Felony Preliminary Hearing

4.15 Conducting Felony Preliminary Hearing

4.16 Holding Timely Felony Preliminary Hearing

Chapter 5 EVALUATING BAIL ISSUES

PART A: PROCEDURAL CONTEXT

5.01 Procedural Context—Evaluating Bail Issues

PART B: UNDERSTANDING BAIL POLICIES

5.02 Checklist for Understanding Bail Policies

5.03 Setting Bail to Ensure Defendant Returns to Court

5.04 Reviewing Defendant’s Criminal Record to Guide Bail
Determinations

5.05 Navigating CPL 500.10 to Understand Bail Terminology

PART C: MAKING BAIL APPLICATION AT BAIL HEARING

5.06 Checklist for Making Bail Application at Bail Hearing

5.07 Opposing Excessive Bail and Requesting Reasonable Bail

5.08 Assessing Criteria in Bail Application to Support or Oppose
Defendant’s Bail

5.09 Setting Conditions to Defendant’s Release on Bail or Own
Recognizance

5.10 Posting Bail and Appearing at Bail Bond Sufficiency Hearing
PART D: AMENDING AND CHALLENGING BAIL DETERMINATIONS

5.11 Checklist for Amending and Challenging Bail
Determinations

5.12 Changing Bail Conditions

5.13 Challenging Bail Determinations Through Habeas Corpus

5.14 Applying for Remission of Bail Forfeiture by Showing

Defendant’s Absence Not Willful

Chapter 6 FILING ACCUSATORY INSTRUMENTS

PART A: PROCEDURAL CONTEXT

6.01 Procedural Context—Filing Accusatory Instruments

PART B: DETERMINING FACIAL SUFFICIENCY OF LOCAL CRIMINAL
COURT ACCUSATORY INSTRUMENT

6.02 Checklist for Determining Facial Sufficiency of Local
Criminal Court Accusatory Instrument

6.03 Filing Local Criminal Court Accusatory Instrument

6.04 Comparing Form and Content of Information, Misdemeanor
Complaint, and Felony Complaint

6.05 Comparing Form and Content of Simplified Information and
Prosecutor’s Information

6.06 Applying Statutory Standards in Determining
FacialSufficiency of Local Criminal Court Accusatory
Instruments

6.07 Determining Sufficiency of Information on Its Face

6.08 Determining Facial Sufficiency of Misdemeanor Complaint
and Felony Complaint

6.09 Determining Facial Sufficiency of Simplified Information

6.10 Determining Sufficiency of Prosecutor’s Information on Its
Face

PART C: ASSESSING SUFFICIENCY OF INDICTMENT

6.11 Checklist for Assessing Sufficiency of Indictment

6.12 Including Required Elements in Indictment

6.13 Designating Date or Time Period of Offense

6.14 Specifying Details of Offense

6.15 Charging Multiple Defendants

6.16 Including Separate Counts for Each Offense Charged

6.17 Prohibiting Allegations of Previous Conviction

PART D: JOINING OFFENSES, CONSOLIDATING ACCUSATORY
INSTRUMENTS, AND SEVERING DEFENDANTS AND
COUNTS OF ACCUSATORY INSTRUMENTS

6.18 Checklist for Joining Offenses, Consolidating Accusatory
Instruments, and Severing Defendants and Counts of
Accusatory Instruments

6.19 Distinguishing Between Consolidation, Joinder, and
Severance

6.20 Permitting Joinder of Offenses

6.21 Consolidating Indictments

6.22 Demonstrating Good Cause for Severance of Defendants

6.23 Joining, Consolidating, and Severing Principles Applicable to
Local Criminal Court Accusatory Instruments

6.24 Impaneling Multiple Juries

PART E: AMENDING AND FILING SUPERSEDING ACCUSATORY
INSTRUMENTS

6.25 Checklist for Amending and Filing Superseding Accusatory
Instruments

6.26 Applying for Amendment of Indictment

6.27 Amending Prosecutor’s Information and Informations

6.28 Dismissing First Instrument Following Filing of Second
Instrument

PART F: WAIVING INDICTMENT

6.29 Checklist for Waiving Indictment

6.30 Satisfying Conditions for Waiver of Indictment

6.31 Adhering to Procedural Requirements Following Waiver of
Indictment

Chapter 7 CONSIDERING GRAND JURY ISSUES

PART A: PROCEDURAL CONTEXT

7.01 Procedural Context—Considering Grand Jury Issues

PART B: IMPANELING GRAND JURY

7.02 Checklist for Impaneling Grand Jury

7.03 Understanding How Grand Jury Functions

7.04 Qualifying Jurors for Grand Jury Service

7.05 Challenging Grand Jury Panel and Individual Grand Jurors

7.06 Conforming to Procedural Requirements Involving Grand
Jurors Before Presentment and Action

PART C: SATISFYING DEFENDANT’S NOTICE AND APPEARANCE
RIGHTS

7.07 Checklist for Satisfying Defendant’s Notice and Appearance
Rights

7.08 Providing Defendant With Notice of Grand Jury Proceeding
and Right to Appear

7.09 Complying With Defendant’s Request to Appear as Witness
Before Grand Jury

7.09.1 Complying With Defendant’s Request for Grand Jury to Hear
Defense Witnesses

PART D: MAINTAINING INTEGRITY OF GRAND JURY PROCEEDINGS

7.10 Checklist for Maintaining Integrity of Grand Jury
Proceedings

7.11 Limiting Presence of Unauthorized People During Grand
Jury Proceedings

7.12 Imposing Secrecy on Grand Jury Proceedings

7.13 Adhering to Rules of Evidence at Grand Jury Proceedings

7.14 Instructing Grand Jurors on Law

PART E: GRANTING IMMUNITY FROM PROSECUTION TO WITNESS
BEFORE GRAND JURY

7.15 Checklist for Granting Immunity from Prosecution to
Witness Before Grand Jury

7.16 Granting Grand Jury Witness Transactional Immunity

7.17 Triggering Exceptions to Rule of Grand Jury Immunity

7.18 Waiving Grand Jury Immunity

PART F: EXERCISING GRAND JURY’S AUTHORITY

7.19 Checklist for Exercising Grand Jury’s Authority

7.20 Issuing Subpoenas for Witnesses and Physical Evidence at
Grand Jury

7.21 Authorizing Indictment by Grand Jury

7.22 Filing Prosecutor’s Information at Grand Jury Direction

7.23 Filing Request to Remove Case from Grand Jury to Family
Court

7.24 Dismissing Charges and Seeking Resubmission to Grand Jury

7.25 Releasing Defendant for Failure of Grand Jury to Take
Action

7.26 Submitting Reports by Grand Jury Recommending
Disciplinary Action for Public Servant

Chapter 8 UNDERSTANDING ISSUES RELATED TO GUILTY
PLEAS


PART A: PROCEDURAL CONTEXT

8.01 Procedural Context—Understanding Issues Related to Guilty
Pleas

PART B: ENTERING GUILTY PLEA

8.02 Checklist for Entering Guilty Plea

8.03 Pleading Guilty to Entire Indictment or Reduced Charges

8.04 Considering Other Types of Pleas

PART C: EXERCISING PROSECUTOR’S DISCRETION IN PLEA
BARGAINING

8.05 Checklist for Exercising Prosecutor’s Discretion in Plea
Bargaining

8.06 Evaluating Case to Determine Whether to Offer Plea to
Defendant

8.07 Complying With Prosecutor’s Duties in Plea Negotiation

8.08 Allowing Defendant to Enter Into Cooperation Agreement

PART D: NEGOTIATING PLEA AGREEMENT ON BEHALF OF
DEFENDANT

8.09 Checklist for Negotiating Plea Agreement on Behalf of
Defendant

8.10 Counseling Defendant About Benefits and Sacrifices of
Pleading Guilty

8.11 Fulfilling Defense Counsel’s Responsibilities in Plea
Bargaining Process

8.12 Using Negotiation Tactics to Obtain Best Plea Offer for
Defendant

8.13 Involving Court in Plea Negotiation

PART E: CONDUCTING HEARINGS RELATED TO PLEA

8.14 Checklist for Conducting Hearings Related to Plea

8.15 Holding Hearing on Predicate Felony Conviction

8.16 Performing Prosecutor’s Duties at Plea Allocution

8.17 Entering Defendant’s Knowing and Voluntary Plea

8.18 Performing Defense Counsel’s Duties at Plea Allocution

PART F: WITHDRAWING PLEAS

8.19 Checklist for Pre- and Post-Sentence Withdrawal of Pleas

8.20 Permitting Defendant to Withdraw Plea Prior to Sentence

8.21 Making Post—Sentence Plea Challenge to Guilty Plea

PART G: ENFORCING PLEA AGREEMENTS

8.22 Checklist for Enforcing Plea Agreements

8.23 Failing to Fulfill Plea Bargain Promise: Prosecutor or Court

8.24 Failing to Perform Condition of Plea Agreement: Defendant

8.25 Sentencing and Re-sentencing

Chapter 9 DISCOVERY PROCEDURES

PART A: PROCEDURAL CONTEXT

9.01 Procedural Context—Discovery Procedures

PART B: COMPLYING WITH DEFENDANT’S DISCOVERY DEMANDS

9.02 Checklist for Complying With Defendant’s Discovery
Demands

9.03 Understanding When CPL Discovery Provisions Triggered

9.04 Serving Defendant’s Discovery Demand

9.05 Examining Defendant’s Statements

9.06 Providing Defendant With Grand Jury Testimony

9.07 Turning Over Reports or Documents of Physical or Mental
Exams, Scientific Tests, or Experiments

9.08 Furnishing Defendant With Copies of Photographs and
Drawings

9.09 Providing Defendant With Property Taken from Defendant

9.10 Supplying Defendant With Tapes and Electronic Recordings

Prosecutor Intends to Use at Trial

9.11 Providing Evidence Favorable to Defendant; Brady Material

9.12 Disclosing Defendant’s Prior Criminal, Vicious, or Immoral
Acts

9.13 Turning Over Witness’s Prior Statements; Rosario Material
9.14 Disclosing Information About Witnesses

PART C: REFUSING DISCOVERY DEMAND

9.15 Checklist for Refusing Discovery Demand

9.16 Complying With Procedural Requirements for Discovery
Demand Refusal

9.17 Failing to Refuse Discovery Demand in Required Manner

9.18 Requesting Sanctions for Failure to Comply With Discovery
Demand

PART D: OBTAINING DISCOVERY BY COURT ORDER

9.19 Checklist for Obtaining Discovery by Court Order

9.20 Seeking Court Order for Defendant to Obtain Discovery

9.21 Ordering Reciprocal Discovery

9.22 Seeking Court Order for Prosecution to Obtain Discovery

PART E: SEEKING PROTECTIVE ORDERS AND COMPLYING WITH

DISCOVERY PRINCIPLES

9.23 Checklist for Seeking Protective Orders and Complying With
Discovery Principles

9.24 Setting Forth Good Cause for Protective Order

9.25 Complying With Discovery Principles

PART F: OBTAINING DISCOVERY THROUGH OTHER MEANS

9.26 Checklist for Obtaining Discovery Through Other Means

9.27 Using Subpoena Duces Tecum

9.28 Obtaining Bill of Particulars

9.29 Requesting Records Under Freedom of Information Law

9.30 Requesting Other Hearings

9.31 Requesting Informal Discovery

9.32 Defense Obligation to Serve Notices

Chapter 10 EVALUATING IDENTIFICATION PROCEDURES

PART A: PROCEDURAL CONTEXT

10.01 Procedural Context—Evaluating Identification Procedures

PART B: CHALLENGING IDENTIFICATION PROCEDURES

10.02 Checklist for Challenging Identification Procedures

10.03 Asserting Violation of Defendant’s Right to Counsel

10.04 Claiming That Identification Procedure Impermissibly
Suggestive

10.05 Attacking Reliability of Identification Procedures

10.06 Failing to Provide Notice About Identification Procedures

10.07 Making Motion to Suppress Identification Evidence

10.08 Meeting Burden at Wade Hearing

PART C: COMPELLING DEFENDANT TO PARTICIPATE IN
IDENTIFICATION PROCEDURE

10.09 Checklist for Compelling Defendant to Participate in
Identification Procedure

10.10 Requiring Defendant’s Participation in Identification
Procedure

PART D: USING PRIOR IDENTIFICATION EVIDENCE

10.11 Checklist for Using Prior Identification Evidence

10.12 Laying Proper Foundation for Admission of Prior
Identification

10.13 Bolstering Witness’s In-Court Identification

Chapter 11 CHALLENGING ADMISSIBILITY OF DEFENDANT’S
CONFESSION


PART A: PROCEDURAL CONTEXT

11.01 Procedural Context—Challenging Admissibility of
Defendant’s Confession

PART B: ISSUING MIRANDA WARNINGS

11.02 Checklist for Issuing Miranda Warnings

11.03 Determining Whether Defendant Was in Police Custody to
Invoke Miranda Warnings

11.04 Assessing Sufficiency of Miranda Warnings

11.05 Determining if Defendant Waived Miranda Rights

11.06 Determining Admissibility of Evidence Obtained Without
Miranda Warnings in Traffic Cases

11.07 Invoking Miranda Exceptions

PART C: DETERMINING IF DEFENDANT’S RIGHT TO COUNSEL IS
VIOLATED

11.08 Checklist for Determining if Defendant’s Right to Counsel Is
Violated

11.09 Determining if Defendant Adequately Requested Counsel

11.10 Determining Defendant’s Right to Counsel When
Represented by Counsel on Unrelated Charge

11.11 Determining Defendant’s Right to Counsel if Defendant
Commits New Crimes After Requesting Counsel

11.12 Evaluating Sufficiency of Attenuation of Illegal Activities to
Determine if Statements Are Admissible

PART D: DETERMINING VOLUNTARINESS OF DEFENDANT’S
CONFESSION UNDER TRADITIONAL DUE PROCESS
GROUNDS

11.13 Checklist for Determining Voluntariness of Defendant’s
Confession Under Traditional Due Process Grounds

11.14 Determining Whether Confession Is Involuntary Based on
Defendant’s Physical or Mental Condition

11.15 Determining if Authorities Coerced Defendant’s Confession

11.16 Proving Voluntariness of Defendant’s Confession for Its
Admissibility

11.17 Determining Whether Defendant’s Confession Is Sufficiently
Corroborated

Chapter 12 CHALLENGING AND DEFENDING SEARCH AND
SEIZURES

PART A: PROCEDURAL CONTEXT

12.01 Procedural Context—Challenging and Defending Search and
Seizures

PART B: COMPLYING WITH FOURTH AMENDMENT AND
PROSECUTION

12.02 Checklist for Complying With Fourth Amendment and
Prosecution

12.03 Prohibiting Unreasonable Search and Seizure

12.04 Applying Exclusionary Rule to Prevent Admission of
Evidence

12.05 Precluding Admission of Evidence Under “Fruit of the
Poisonous Tree” Doctrine

12.06 Admitting Illegally Obtained Evidence Despite “Fruit of the
Poisonous Tree” Doctrine

12.07 Ensuring Search and Seizure Is Based on Probable Cause if
Search Warrant Issued

12.08 Demonstrating Defendant Has Standing to Object to Search

PART C: OBTAINING AND CHALLENGING SEARCH WARRANT

12.09 Checklist for Obtaining and Challenging Search Warrant

12.10 Applying for Search Warrant

12.11 Ensuring Content of Search Warrant Meets Statutory
Requirements


12.12 Determining if Police Officers Properly Executed Search
Warrant

12.13 Challenging Probable Cause for Search Warrant

12.14 Evaluating Staleness of Information in Search Warrant

12.15 Distinguishing Arrest Warrant from Search Warrant

PART D: DETERMINING IF PROBABLE CAUSE EXISTS IN
WARRANTLESS INTRUSION


12.16 Checklist for Determining if Probable Cause Exists in
Warrantless Intrusion


12.17 Handling Case With Warrantless Arrest and Warrantless
Intrusion


12.18 Demonstrating Probable Cause for Warrantless Arrest


12.19 Evaluating Whether Police Action Constitutes De Facto
Arrest


PART E: JUSTIFYING SEARCH BY INVOKING EXCEPTIONS TO
WARRANT REQUIREMENT


12.20 Checklist for Justifying Search by Invoking Exceptions to
Warrant Requirement


12.21 Determining if Police Have Consent to Enter Premises


12.22 Demonstrating Exigent Circumstances to Justify Police Entry
Without Warrant


12.23 Challenging Stop and Frisk on Street


12.24 Determining Whether Police Search Incident to Arrest Is
Justified


12.25 Determining When Automobile Exception to Warrant
Applies


12.26 Determining if Police Seizure of Items in Plain View Is
Lawful


12.27 Determining if Police Seizure of Items in Border Search Is
Lawful


12.28 Determining if Police Recovery of Abandoned Property Is
Lawful


12.29 Admitting Evidence Derived from Strip Searches, Physical
Tests, and Surgical Intrusions


Chapter 13 UNDERSTANDING PRETRIAL MOTIONS AND
HEARINGS

PART A: PROCEDURAL CONTEXT


13.01 Procedural Context—Understanding Pretrial Motions and
Hearings

PART B: MAKING PRETRIAL MOTIONS

13.02 Checklist for Making Pretrial Motions

13.03 Selecting Applicable Pretrial Motion

13.04 Filing Procedures for Pretrial Motions

PART C: MOVING TO DISMISS INDICTMENT, ACCUSATORY
INSTRUMENT, OR ANY COUNT

13.05 Checklist for Moving to Dismiss Indictment, Accusatory
Instrument, or Any Count

13.06 Dismissing Indictment or Count on Statutory Grounds

13.07 Moving for Dismissal of Misdemeanors

13.08 Following Procedures Applicable to All Motions to Dismiss
Indictments and Accusatory Instruments

PART D: MOVING FOR REMOVAL OR CHANGE OF VENUE

13.09 Checklist for Moving for Removal or Change of Venue

13.10 Applying for Removal of Criminal Action

13.11 Distinguishing Removal from Change of Venue

13.12 Finding Good Cause for Removal

13.13 Making Change of Venue Motion

13.14 Expanding Jury Pool

13.15 Staying Trial Pending Decision on Motion for Removal or
Change of Venue

PART E: MOVING FOR SUPPRESSION

13.16 Checklist for Moving for Suppression

13.17 Suppressing Evidence

13.18 Following Procedures for Making Suppression Motion

13.19 Seeking Suppression of Physical Evidence

13.20 Seeking Suppression of Statements and Confessions

13.21 Seeking Suppression of Identification Evidence

13.22 Seeking Suppression of Derivative Evidence

13.23 Seeking Suppression of Electronic Surveillance Evidence

13.24 Seeking Suppression of Results of Chemical and
Breathalyzer Tests

13.25 Complying With Notice Requirements for Suppression of
Evidence

PART F: PARTICIPATING IN PRETRIAL HEARINGS

13.26 Checklist for Participating in Pretrial Hearings

13.27 Preparing for Suppression Hearing

13.28 Summarily Granting or Denying Suppression Motion

13.29 Conducting Suppression Hearings

13.30 Meeting Burdens of Proof at Suppression Hearing

13.31 Handling Different Types of Pretrial Hearings

TABLE OF STATUTES

INDEX