pg 83 - constitutional right to have a counselor appointed if indigent. Arguments, will be treated fairly, prosecutor will not proceed in the adversarial method if not represented, the judge will help take care of the D. Appointment of counsel would be too expensive >100K cases in FL, don't make us spend a fortune on lawyers for those who can't afford, 3rd, we play by the rules. Betts v Brady was followed.
1) Betts wrong when decided, fundamental right of the 6th am and incorporated by due process 14th
2) adversary system, D can't get a fair trial, judge is an umpire, prosecutor will not protect the rights - fundamentally unfair.
3) criminal trial is complex event, lawyer is needed for investigation, evidentiary issues and appropriate legal arguments made to court
4) State found the funds to prosecute all criminal cases, prosecuting attorney is paid by the state, that is not every defendant that would need counsel -
J Black, special circumstances replaced - all indigent would be entitled to counsel - selective incorporation -
Each state can incorporate as they see fit. Was it retroactive? subsequent case addressed
left misdemeanor unaddressed
Katts v US - court held 4th Amen applies - traditional physical, but Katts said any area in which the D has a reasonable expectation of privacy, the intrusion might not be physical but include binoculars or listening devices.
1) D must have a reasonable expectation of privacy
2) Society must be willing to accept that expectation as a reasonable expectation.
Did search violate the 4th, reasonable or unreasonable, *unreasonable, didn't fall under exception, phone tap wasn't incident to arrest, no automobile exception, no concent, no plain view, emergency, administrative or special needs (did not exist but even if it did, it wouldn't apply)
Needed a warrant based on probable cause.
Inventory - in general, the gov is intruding on a person, home, visit, car, without a search for illegal items, but for other reasons - inventory
Generic label - Administrative Inspections or Inventories. Police or building inspector could be inspecting the wiring to make sure that the wiring is in compliance. No health code violations at restaurant. Highway patrol, inspect vehicles for weight. Highway safety, brakes and lights stops. If there is a reason other than a traditional search will be classified as administrative inspection. Do not require a search warrant or probable cause to search. Exception to warrant requirement. Government intrusion where the D has a reasonable expectation of privacy, violation of 4th Amendment so it must be REASONABLE! In deciding if it is reasonable - justification for intrusion, the depth of the intrusion, the reason an inspection is made in the particular case.