2014 Basic Skills Course Presented by the Iowa Bar Review School

Transcription

1 2014 Basic Skills Course Presented by the Iowa Bar Review School and The Iowa State Bar Association. Tuesday September 23, 2014 Iowa Criminal Law & Criminal Procedure 9:00 a.m. - 10:00 a.m. Materials by Eric D. Tindal Nidey Erdahl Tindal & Fisher, PLC 600 Court Street P.O. Box 656 Williamsburg, Iowa Phone: (319)

2 CRIMINAL PROCEDURE OUTLINE I. Initiation of a Case A. Cases generally start after an arrest. There are exceptions to this, however, for purposes of this outline I will only be discussing the procedure subsequent to arrest B. Arrest 1. Arrests can occur in one of two ways. The first is based upon probable cause. The second is pursuant to a warrant. a. Probable cause arises when there is a reasonable grounds for a belief that a person has committed a violation of the law. The case law is replete with cases arguing what is and is not probable cause. I will not go into them here. i See State v. Harris 490 N.W.2d 561(Iowa 1992) for a discussion. ii Arrests based upon probable cause usually occur at a time and location near where the offense occurred. Operating While Intoxicated arrests are a text book example b. Arrest Warrants i Arrest Warrants usually arise after there is a period of investigation. ii Arrest warrants are signed by a judge, usually a magistrate, when the judge is convinced that a complaint or affidavit reveals probable cause that an offense has been committed. Iowa Code iii Any peace officer may serve the warrant in any county within Iowa. Iowa Code

3 2. Law Enforcement also has the authority to issue a citation in lieu of arrest. The citation will command the place and time of the initial appearance. 3. In certain cases there may be an issue over whether a person is arrested or not. In State v. Wing 791 N.W.2d 243 (Iowa 2010) the Iowa Supreme Court sought to clarify what is an arrest. In sum the Iowa Supreme Court defined an arrest as occurring when a reasonable person in the defendant s position would believe they are under arrest. Whether a person is under arrest is determined on a case by case basis without the assistance of any bright-line rule or test. State v. Robinson, No Iowa Court of Appeals, May 9, B. Initial Appearance 1. A defendant is entitled to be brought before a judge within 48 hours of arrest. County of Riverside v. McLaughlin, 500 U.S. 44 (1991) 2. Iowa R. Crim P. 2.2 sets forth the requirements for initial appearance a. When a person is arrested without warrant a complaint shall be filed forthwith. (Iowa R. Crim P. 2.2(1)) b. The magistrate has two primary jobs at this hearing. First, advise the defendant of the charge, the minimum and maximum penalties of the charge, and various rights. And second, the magistrate shall advise the defendant on how they can secure pretrial release. (usually this means the right to post bond - or alternatively the release of a defendant on conditions of release or under his own recognizance [ ROR]). (Iowa R. Crim P.2.2(2)) c. Generally - at this point in time the Court will set bond/release/ and schedule a Preliminary Hearing. (See attached Order [Exibit A] 2

4 d. An initial appearance can be waived. Any deficiencies in the initial appearance are subject to harmless error analysis. State v. Brendeland, 402 N.W.2d 444 (Iowa 1987). i See also Iowa Code b. Often a Magistrate will appoint counsel at this time, if the individual qualifies for court appointed counsel. See Iowa Code and Exhibit B (financial affidavit) i I will discuss the court appointment process later in the outline B. Preliminary Hearing/Trial Information 1. At the initial appearance the magistrate will set a preliminary hearing. (Iowa R. Crim P. 2.2(4)). The preliminary hearing is scheduled to provide the state with the opportunity to prove there is probable cause to proceed on the charge or charges. 2. A preliminary hearing must be held within 10 days following the initial appearance if the defendant is in custody and no later than 20 days if the defendant is not in custody. (Iowa R. Crim P. 2.2(4)(1)). a. Practice Tip: Theoretically a "Rule 2" violation can result in the dismissal of the charges without prejudice. In reality that rarely happens. What tends to occur is that if your client is held in custody beyond 10 days without the filing of a trial information, then a court will usually order that Defendant's release. Procedures and outcomes will vary by jurisdiction. I do not usually get concerned in a case where my client is already released until much later (45 days) - but where my client is in custody and no preliminary hearing has taken place within 10 days I will act immediately to try and secure their release. 3

5 3. At this stage the State has the option of proceeding in one of two ways. First, the State can hold a preliminary hearing, and present witnesses to prove there is probable cause to proceed. The second, is to file a trial information. The vast majority of the time the State will elect to file a trial information. For purposes of "Rule 2" a trial information must be on file and approved by a judge not later than 10 days (if client is in custody) or a preliminary hearing must be held. a. Preliminary Hearing i For reasons I have never understood, many attorneys advise their client's to waive their right to preliminary hearing. I assume this is perceived as a courtesy to the court and the prosecutor. I disagree with the practice. If you can force a preliminary hearing force it. a At a preliminary hearing the State will call at least one witness. The witness can present hearsay evidence, but the Defendant has the right to cross-examine the witness. In a decade of practice I have done 4 or 5 preliminary hearings. You can gain some advantage in discovery by utilizing cross-exam early on in the procedure. b No matter what keep in mind that it is the defendant's right to waiver preliminary hearing not the attorney's b. Trial Information ii Iowa R. Crim P. 2.5 sets forth the grounds for Prosecution on Information. a Once a trial information is filed there is no right to a preliminary hearing; and no need for a grand jury indictment. Furgison v. State, 217 N.W.2d 613 (Iowa 1974) 4

6 i There is no right to be indicted by grand jury as opposed to a trial information. State v. Lint, 270 N.W.2d 598 (Iowa 1978) iii In short, a trial information sets forth the charges, the code sections applicable to the charges, and attaches "minutes of testimony" a The minutes are usually a dictation of the police and/or lab reports and witness statements. b "If the judge or magistrate finds that the evidence contained in the information and the minutes of evidence, if unexplained, would warrant a conviction by the trial jury, the judge or magistrate shall approve the information which shall be promptly filed. If not approved, the charge may be presented to the grand jury for consideration." Iowa R. Crim P.2.5(4). i This language has been interpreted to mean a "probable cause" finding. State v. Epps, 322 N.W.2d 288 (Iowa 1982) iv After a trial information is approved and filed, the Court will schedule an arraignment. Typically this is within a week or two after the trial information is approved. c. Some time frames to keep in mind i 10 days Iowa Rule of Criminal Procedure 2.2(4)(a) states that a preliminary hearing or trial information must be held/filed no later than 10 days after initial appearance if the defendant is in custody or 20 days after initial appearance if a defendant is not in custody. The failure to do so could lead to dismissal of the charges "without prejudice" but more likely the release of the defendant from custody. 5

7 a Technically the proper remedy is to file a habeas corpus action. See State v. Rouse, 290 N.W.2d 911, 913 (Iowa 1980) and State v. Montgomery, 232 N.W.2d 525 (Iowa 1975). ii 45 days- Rule 2.33 requires that a charge be dismissed if an indictment is not found within 45 days of the date of arrest. a Speedy indictment begins running at the time of arrest, which is defined, on a case-by-case basis. See State v. Wing 791 N.W.2d 243 (Iowa 2010). b Note there are a number of cases that distinguish whether the defendant is actually arrested for the charge which is the subject of the indictment. See State v. Huffman, 2008 WL (Iowa Ct. App. May 14, 2008) for an example. iii 90 days - Rule 2.33(2)(b) sets forth that a defendant has the right to a speedy trial and must be brought to trial within 90 days after the indictment (trial information) is found. a State v. McCullough 2010 WL (Iowa Ct. App. 2010) time can be tolled where a defendant is the party seeking the delay. In this case, requesting a competency evaluation on the eve of trial. iv 1 year - Rule 2.33(2)(c) all criminal prosecutions must be brought to trial within one year after the defendant's initial arraignment. a Note that all of these are subject to waiver and/or findings of good cause. b If you have a case that may violate any of these time frames - do your research to make sure you actually have a violation. 2. Arraignment (Iowa R. Crim P.2.8) 6

8 a. At the outset - there is no right to speedy arraignment. Practically speaking, however, since the 90 day speedy trial rule runs from the indictment the Arraignment is set fairly quickly. b. An arraignment is simply the formal communication between the defendant and the Court that he/she is either pleading guilty or not guilty. Alternatively a defendant can plead former conviction or acquittal if there is a double jeopardy problem i Note that there is not a "nolo contendere" plea. Some states have such a plea, but Iowa is not one. Prior to 1977 such a plea did exist in "Rule 8". It does not exist now, although some client's have heard of such a plea on television or from other states. b. In theory an arraignment is a formal proceeding in court where the indictment is read, and various rights are communicated to the defendant. In reality it is only done in open court when no attorney is involved. c. The vast majority of arraignments are completed in writing. For an example see Iowa R. Crim P Form 6. (See also Exhibit B) d. Following Arraignment the Court will enter a pretrial and trial date. See Iowa R. Crim P.2.9(1). i Note that arraignment is also the time and place where a defendant will either demand or waive his right to speedy trial (90 days). If a defendant elects to waive his right to 1 year speedy trial that is done by separate motion/waiver and order II. Pre-Trial Issues A. Discovery (Iowa R. Crim P. 2.14) 7

9 1. Obviously defendants have a right to execute their own investigation and search for witnesses. In this context I will be specifically discussing the ability to obtain evidence and materials from the prosecution. 2. There is no constitutional right to discovery. See State v. Weaver, 608 N.W.2d 797 (Iowa 2000); State v. Anderson, 410 N.W.2d 231 (Iowa 1987). With that said, Iowa's rules for discovery in criminal cases are fairly broad. 3. The two primary tools for discovery in criminal cases are a. Request for Production of Documents (See Exhibit C) b. Depositions 4. The trial courts are vested with broad discretion in regulating discovery. (Iowa R. Crim P. 2.14(6)(a)) and determining various discovery disputes. a. A good place to start in researching a discovery dispute is State v. Eads, 166 N.W.2d 766 (Iowa 1969) which discusses many of the discovery issues set forth in the rule. 5. Request for Production of Documents a. This is accomplished by requesting discovery materials from the County Attorney. I usually do this by sending the prosecutor a copy of my discovery motion. You are not required to file the request with the Court (and in fact they prefer you only file a motion if there is a dispute). b. A request for production of documents generates the right for the State to receive reciprocal discovery of documents. (Iowa R. Crim P. 2.14(3)). In select cases you may possess documents you do not want the State to discover. Discovery requests are almost always made, but they should not be made without some thought about whether the defendant wants to reciprocate the discovery. 8

10 6. Depositions (Iowa R. Crim P. 2.13) a. A defendant has a right to depose the witnesses named in the trial information. i once a notice of deposition is given the State may object on the grounds that the witness is a "foundation" witness, or alternatively that the witness has been adequately examined on preliminary hearing. (Iowa R. Crim P. 2.13(1)) b. The decision to depose the state's witnesses does trigger a reciprocal requirement to provide a witness list and allow the State to depose the defendant's witnesses. (Iowa R. Crim P. 2.13(3)) i This is somewhat subjective in that the requirement is to disclose witnesses "expected to be called for the defense" b. In some cases counsel may want to depose witnesses who are not listed in the trial information. The Court may allow a party to do so upon application. (Iowa R. Crim P. 2.13(2)(a) c. If you are court appointed, you may need to file an application to take depositions at state expense. (See Exhibit D1 and D2). In some jurisdictions the order allowing depositions at state expense may appear in the pretrial order. d. The rule requires that depositions be taken within 30 days after arraignment. (Iowa R. Crim P. 2.13(6)). In practice they are rarely taken within that time frame unless there is a speedy trial demand. e. Note that there is no right to depositions in Simple Misdemeanor cases. Jones v. Iowa District Ct. of Wapello, 620 N.W.2d 242 (Iowa 2000). 7. An area of growing dispute is in the area of medical records, particularly psychological records of the victim. 9

11 a. State v. Cashen, 789 N.W.2d 400 (Iowa 2010) i. A defendant may obtain the mental health records of a victim if a The defendant demonstrates the likelihood that mental health records contain evidence that is exculpatory b Once the showing is made, the county attorney must notify the victim that the request has been made and then notify the court whether the victim consents or does not consent to release of the records (if consent is not obtained a hearing must take place to determine whether it is likely that the records contain exculpatory evidence) c If the threshold showing is made, defense counsel must be given the opportunity to inspect the records at the courthouse, subject to a protective order prohibiting disclosure to anyone (including the defendant) without court permission d Defense counsel must notify the court and the prosecutor as to which records contain exculpatory information at which time the prosecutor may review the records at the courthouse e The court shall hold a hearing to determine whether the records contain exculpatory information upon which the exculpatory records will be provided to the parties subject to a protective order f For a discussion about how limited Cashen may be see State v. Carver, No (Iowa Ct. App. April 15, 2012 unpublished) ii An exception to this procedure may apply where law enforcement has been given a release of information for purposes of investigation. State v. Randle, 484 N.W.2d 220 (Iowa Ct. App. 10

12 1992)( it is well settled that information communicated to a third party who is not within the scope of privilege destroys the confidential nature of the disclosures and renders them admissible. ) B. Pretrial Motions (Iowa R. Crim P. 2.11(2)) 1. There are 7 common pretrial motions a. Motions concerning a defect in the institution of the prosecution b. Motions concerning a defect in the indictment or information i This is often a Motion for a Bill of Particulars. The purpose of this motion is to give a defendant information which indictment/information and minutes of testimony by reason of their generality do not give, and should be allowed when the court, in its discretion, finds the charge and minutes do not inform defendant of specific acts of which he is accused. State v. Conner, 241 N.W.2d 447 (Iowa 1976) b. Motions to Suppress (See Exhibit F as an example) c. Requests for Discovery d. Requests for a severance of charges or defendants e. Motions for change of venue or judge i This can arise when there is a particularly notorious case. See State v. Siemer, 445 N.W.2d 857 (Iowa 1990) for a list of publicity factors. b. Motion in Limine 2. Pretrial Motions are generally required within 40 days of the date the arraignment is filed. (Iowa R. Crim P.2.11(4)). a. Typically this is a Motion to Suppress. Be cautious with this rule. It is best to file a Motion to Extend the Deadline for filing pretrial 11

13 motions before the 40 days has run, if you need additional time for discovery. If you do file a Motion after the 40 days you must expressly request a finding of good cause for an untimely motion. If you do not, the appellate court can deem this a waiver and deny appellate review. State v. Glessner 572 N.W.2d 562 (Iowa 1997). b. Note that the Motion in Limine must only be filed no later than 9 days prior to trial 3. Motions to Continue a. The rule states: "The date assigned for trial shall be considered firm. Motions for continuance are discouraged.". (Iowa R. Crim P.2.9) b. However, motions to continue lie within the discretion of the court. State v. Jacoby,260 N.W.2d 828 (Iowa 1977) c. With that said - motions to continue are probably the most common. Often they are achieved by consent between the parties. 4. NOTE: know your local rules concerning pretrial motions. For example, with respect to a motion to continue some districts require that you contact opposing counsel first, and that the communication be included in the pleading. If it is not, the motion may be dead on arrival with no consideration by the court. C. Notices of Defenses (Iowa R. Crim P. 2.11(11)) 1. Certain defenses must be noticed within the time for filing pretrial motions. They are as follows: a. Alibi i The notice must state where the defendant was at the time of the offense, and what witnesses the defendant intends to call to support the alibi. The address of the witnesses must be included b. Insanity and Diminished Capacity 12

14 i Note that insanity and diminished capacity are inherently different. Insanity is available for all offenses, but diminished capacity only applies to specific intent defenses c. Intoxication d. Entrapment e. Self Defense i Note that there are a number of possible justification defense. For example, "protection of others". However, only self defense is set forth in the rule. ii If you believe you have a self defense case please do some research first. A good place to start is with the jury instruction. Self defense is more difficult to prove than the average individual believes, and you need to know the elements. For example, there is a requirement to utilize alternative courses of action (i.e. leave) unless the defendant is on his own property. III. Resolution Prior to Trial - Guilty Pleas A. Generally 1. The vast majority of cases resolve short of trial, and usually in the form of a plea 2. Plea bargaining occurs at the discretion of the prosecutor. See Iowa R. Crim P and State v. Whitehead, 163 N.W.2d 899 (Iowa 1969). However, there is no obligation to plea bargain. Weatherford v. Bursey, 429 U.S. 916 (1977); State v. Reed, 252 N.W.2d 455 (Iowa 1977)(a guilty plea will not be set aside because the State refused to accept a plea to a lesser offense); State v. Iowa District Court for Jackson County, 463 N.W.2d 885 (Iowa 1990)(a court has no authority to accept a plea to a lesser-included offense over the prosecutor's objection) 13

15 3. A guilty plea will be upheld where "a defendant, with full knowledge of the charge against him and of his rights and the consequences of a plea of guilty, enters such a plea understandably and without fear or persuasion." State v. Blum, 560 N.W.2d 7 (Iowa 1997). B. Requirements for a Valid Guilty Plea 1. Voluntary and Intelligent a. any waiver of rights must be made voluntarily. United States v. McCarthy, 394 U.S. 459 (1969). b. to be voluntary, the defendant must know and understand the rights they are waiving. Henderson v. Morgan, 426 U.S. 63 (1976) c. The defendant should be cognizant of the constitutional protections to which he or she would otherwise be entitled. Boykin v. Alabama, 395 U.S. 238 (1969). And the nature of the crime with which he or she is charged. State v. Oberbreckling, 235 N.W.2d 121 (Iowa 1975) 2. Competence a. The standard of competency required by due process for pleading guilty is the same as the standard for standing trial. Godinez v. Moran, 509 U.S. 389 (1993) 3. The Court must be assured of these matters by going through a plea colloquy. See State v. Worley, 297 N.W.2d 368 (Iowa 1980)(an attorney's assurances cannot be substituted for the personal in-court colloquy between trial court and defendant to establish a defendant's understanding of these rights.) a. There is an exception for misdemeanors - where pleas can be done in writing. Iowa R. Crim P. 2.8(2)(b) (See Exhibit E and G attached as examples) 14

16 b. Felony pleas are required to be done in court. See State v. Moore, 638 N.W.2d 765 (Iowa 2002) c. Contents of the Colloquy i Mandatory minimum and maximum sentences a included in this is the defendant being advised of the possibility of consecutive sentence ii Trial Rights iii Factual Basis a The court is required to determine on the record if the plea is supported by a factual basis. State v. Fluhr, 287 N.W.2d 857 (Iowa 1980)( Iowa R. Crim P.2.8(2)(b) b Alternatively an Alford plea may be accepted. These are pleas in which the Defendant does not admit guilt, but there is an independent basis for the guilt. Farley v. Glanton, 280 N.W.2d 411 (Iowa 1979) i Please note that there are procedures for going through an Alford Plea. This includes a requirement that the Defendant is obtaining a benefit from the plea. You should never conduct an Alford Plea without first informing the court that the plea will be an Alford plea. ii Even under an Alford plea all of the elements of the offense must be present. State v. Hallock 765 N.W.2d 598 (Iowa App. 2009). iv Disclosure of the Plea Agreement by the State v There are other contents of a colloquy but these are the big ones. 15

17 4. If you have reached a plea agreement with the State and it is withdrawn without good reason, there can be a hearing to enforce the plea agreement. IV. Trials A. Waiver 1. All indictable offenses are presumed to be tired to the jury. However, a defendant may unilaterally waive jury up until 30 days after arraignment. Iowa R. Crim P.2.17(1) a. Note - in simple misdemeanor cases the defendant must demand a jury within 10 days of the initial appearance or it is deemed waived. 2. A waiver must be voluntary and intelligent and in writing. State v. Sinclair, 622 N.W.2d 772 (Iowa Ct. App. 2000). See State v. Stallings, 658 N.W.2d 106 (Iowa 2003)(a defendant must understand his right to a jury of 12, that the defendant may participate in the juries selection, the final decision of the jury must be unanimous, and if the defendant waives the right to jury a single judge will make the determination of guilt and innocence) a. some level of oral colloquy is required. State v. Spies, 672 N.W.2d 792 (Iowa 2003) 3. Trial on the Minutes a. One version of a bench trial is a "trial on the minutes" b. A trial on the minutes generally occurs when the court overruled a motion to suppress, and there is a subsequent plea agreement or other benefit to pleading. c. A trial on the minutes will preserve the suppression issue on appeal, whereas a guilty plea waives the right to appeal a ruling on such issues. State v. Abbas 561 N.W.2d 72 (Iowa 1997). 16

18 d. Note that there are certain requirements that must be followed. The trial court must (1) verify the jury waiver, (2) confirm the extent of the factual record to which the parties are stipulating, and find the facts specially and on the record, and (3) separately state its conclusion of the law and render an appropriate verdict. State v. Sayre, 566 N.W.2d 193 (Iowa 1997) B. Jury Trial 1. All of the various aspects of a jury trial exceeds the scope of this outline in large part. I suggest going to watch a few trials to see how they unfold 2. Parts of a Trial a. Voir Dire - Jury Selection b. Opening Argument c. State's Evidence d. Defendant's Evidence e. State's Rebuttal f. Defendant's Sur-rebuttal g. Closings h. Deliberations 3. If you are going to practice in the area of criminal law - I strongly encourage investing in some resources. John Burns has an excellent book published by Thomson West in the Iowa Practice Series titled Criminal Procedure. It is a good investment. There are numerous other resources out there. a. No matter what - I encourage all of you to embrace the concept of going to trial. When we advise clients we must lay out the options. But ultimately the decision to go to trial or not belongs with the 17

19 client and the client alone. If your client wants a trial it is your obligation to defend him at trial. b. Do not fear trial - it really isn't that bad. V. Post Trial A. Motions 1. There are a number of post trial motions a. Motion in Arrest of Judgment i A motion in arrest of judgment shall be granted when upon the whole record no legal judgment can be pronounced upon a guilty plea or verdict already rendered. (Iowa R. Crim. P. 2.24(3)(a))\ ii Grounds for arrest of judgment a Statute is inapplicable to facts. State v. Oldfather, 306 N.W.2d 760 (Iowa 1981) b Offense not a lesser included. State v. Allen, 304 N.W.2d 203 (Iowa 1981) c On a guilty plea where there is an inadequate record or procedure. State v. Worley, 297 N.W.2d 368 (Iowa 1980) iii Timing a A motion in arrest of judgment must be filed within 45 days of the date of the guilty plea or a verdict, and not later than 5 days before the date of sentencing. (Iowa R. Crim. P.2.24(3)(b) b. Motion for New Trial iv Must be filed before final judgment is entered. (Iowa R. Crim. P.2.24(2)(a)) a Absence of the Defendant b Unauthorized evidence to the jury c Jury separation/jury misconduct 18

20 d Verdict decided by lot e Prosecutorial misconduct f Verdict contrary to law or evidence g Refusal to properly instruct the jury h Newly discovered evidence i Denial of Fair Trial c. Nunc Pro Tunc v Allows for the Correction of Clerical Errors. State v. Hess, 533 N.W.2d 525 (Iowa 1995) B. Sentencing Orders 1. The court will enter a sentencing order and there will be 30 days to appeal. If a notice of appeal is not brought within 30 days of the date of the final order the direct appeal is barred. 2. Sentencing orders come in numerous varieties. A sample of sentencing orders is attached as Exhibit H and I. You should review each sentencing order to assure it is correct and then send to your client. Always advise them of the notice of appeal time period. IV. Parting Thoughts A. There is nowhere near enough time or space in this outline to discuss all of the issues that arise under Iowa law concerning Criminal Procedure. These points are the basics of the basic. B. Do not hesitate to seek help. 19

21 IOWA CRIMINAL LAW AND CRIMINAL PROCEDURE OUTLINES 2014 Eric D. Tindal Nidey Erdahl Tindal & Fisher, PLC 600 Court Street P.O. Box 656 Williamsburg, Iowa (319) FAX: (319)

22 I. The General Foundations of Iowa s Criminal Law System A. Constitution and Statute 1. All citizens accused of a crime are presumed innocent 2. This presumption is only overcome when the accuser proves each and every element of the crime charged beyond a reasonable doubt. a. These principles are and always will be the foundation of Iowa s system of justice 3. The Five Critical Amendments to the United States Constitution a. Fourth Amendment i. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not 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. Fifth Amendment i. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the 2

23 same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. c. Sixth Amendment i. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. d. Eighth Amendment i. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. e. Fourteenth Amendment i. This amendment was added to the Constitution following the Civil War. The Amendment was later interpreted to make those rights in federal 3

24 prosecutions applicable to the states. The amendment provides: a. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive a person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 4. Iowa s Constitution is also controlling. In some cases the Iowa Supreme Court s interpretation of the Iowa Constitution can be more protective of a defendant s rights than the United States Constitution a. An example of this can be seen in State v. Cline 617 N.W.2d 277 (Iowa 2000). Under the U.S. Constitution a search conducted pursuant to a warrant will not result in exclusion of the evidence if the officer s executing the warrant acted in good faith reliance on the warrant. This exception is commonly known as the Leon good faith exception. Simply put, in a warrant case evidence will only be suppressed if the officers were 4