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2022 Promotion Test > 2019 Criminal Procedure Part 1 and 2 > Flashcards

2019 Criminal Procedure Part 1 and 2 Flashcards

1
Q

Three Components of every Criminal Case

A

Elements of Crime, Jurisdiction, Identity (Pg. 14.)

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2
Q

Three forms of evidence

A

Physical Evidence, Testimonial Evidence, Confession Evidence

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3
Q

Three kinds of Criminal Defense

A

No Crime was Committed, Misidentification, Legal bar to conviction

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4
Q

The Constitution was applicable to Federal Law Enforcement by _____________, and to State Officers through the _____________.

A

Direct Application, 14th Amendment Due Process Clause

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5
Q

Mapp. V. Ohio

A

1961 Supreme Court Case that extended the exclusionary rule to State Convictions by the 14th Amendment

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6
Q

Robinson V. California

A

1962 Supreme Court case that applied prohibition against Cruel and Unusual Punishment to State Prosecution by 14th Amendment.

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7
Q

Gideon V. Wainwright

A

1963 - Applied the 6th Amendment right to counsel to State prosecutions through the 14th Amendment

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8
Q

Malloy V. Hogan

A

1964 - Applied 5th Amendment right against compelled self-incrimination to State prosecution by 14th, Amendment.

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9
Q

Pointer V. Texas

A

1965 - Supreme Court case which applied the 6th Amendment right to confront adverse witnesses to State prosecution through 14th Amendment.

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10
Q

Miranda V. Arizona

A

1966- Applied Fifth Amendment Exclusionary rule to State Prosecution through 14th Amendment.

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11
Q

Klopfer V. North Carolina

A

1967 - Applied 6th Amendment right to Speedy Trial to State prosecutions through 14th Amendment

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12
Q

Washington V. Texas

A

1967 - Applied 6th Amendment right to compulsory process to compel the attendance of witnesses through 14th Amendment

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13
Q

Duncan V. Louisiana

A

1968 - Applied 6th Amendment right to a jury trial to State prosecution through the 14th Amendment.

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14
Q

A series of rulings under the _____________ Supreme Court which gave ____________ over cases previously held by ____________ Courts.

A

Warren, Federal, State

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15
Q

Fourth Amendment

A

Prohibition of Unreasonable Search and Seizure, and Warrant Requirement

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16
Q

Fifth Amendment

A

Priveledge Against Self Incrimination, Double Jeopardy Prohibition

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16
Q

Fifth Amendment

A

Privilege Against Self Incrimination, Double Jeopardy Prohibition, Due Process Clause

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17
Q

Sixth Amendment

A

Right to Counsel, and Right of Confrtation of Witnesses

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18
Q

Fourteenth Amendment

A

Equal Protection Clause, Due Process Clause

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19
Q

Bram V. US

A

1897 - US Supreme Court case that reversed a murder conviction for introduction of a coerced statement at a Federal level.

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20
Q

Brown V. Mississippi

A

1936 - US Supreme Court case that court held Due Process requirement to States. Reversed conviction over a coerced confession.

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21
Q

Weeks V. US

A

1914 - Supreme Court created a Fourth Amendment Exclusionary rule to apply to Federal trials, in Federal Courts.

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22
Q

Klu Klux Klan Act

A

1871 - Legislation that created 1983 law suits.

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23
Q

Bivens V. Six Unknown Named Agents of the Federal Bureau of Narcotics

A

1971 - US Supreme Court case that held that Federal Agents can be sued in their individual capacity for conduct that violates an individual’s constitutional rights.

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24
Q

Monell V. Department of Social Services of New York

A

1978 - Court held that an offending officer’s employing agency and Chief could be sued for maintaining an official policy or custom that caused constitutional violations to occur.

25
Q

City of Canton Ohio V. Harris

A

1989 - Civil Liability can also be imposed on Supervisors and Agencies for deliberate indifference to the duty to train and supervise subordinate officers, where such omission results in Constitutional Violations.

26
Q

Supremacy Clause

A

Article VI, Section 2 - Makes the Constitution the final authority on any matters covered by it.

27
Q

Independent State Grounds individual states may construe their own __________ as imposing _____ constraints on police conduct than does the Federal Constitution (California V. Greenwood)

A

Constitution, More Stringent

28
Q

3 Distinct Forms of Investigative Actions

A

Searches, Seizures of People, Seizures of Propety

29
Q

3 Different Interests Protected by 4th Amendment

A

Privacy, Liberty, and Possession

30
Q

3 Things Warrants can typically be issued for

A

Embezzled Property, Contraband or Evidence of a Crime, Evidence tending to establish the identity of a criminal.

31
Q

Seizure of Property

A

Requires a meaningful interference by government officials with a person’s LEGITIMATE right to possess that property.

32
Q

Katz V. US

A

1967 - Introduced Katz test to determine a reasonable expectation of privacy, and held that the constitution protects people, not places.

Katz test is that there was a subjective expectation to privacy by defendant, and if it is one society would hold as “reasonable.”

33
Q

Rakas V. Illinois

A

1978 - Instructed Courts to begin looking at if police action violated defendants own, personal reasonable right to privacy, liberty, or possession. Reversed US V. Jones which used an “aggrieved party” as having standing to challenge a search.

34
Q

Rawlings V. Kentucky

A

Court found that since defendant had no legitimate expectation of privacy in someone else’s purse, he could not contest the warrant under which the purse was searched.

35
Q

The Fourth Amendment exclusionary rule cannot be invoked by a person whose ___, ______ rights were not implicated by the search or seizure

A

own, legitimate

36
Q

Objective Justification Doctorine

A

If an officer makes a mistake in analyzing the Fourth Amendment law applicable to a given situation, but as long as the actions the officer took where objectively justifiable on some basis - even if different from the basis relied on by the officer. Its the action taken that matters, not necessarily the officer’s subjective reason for taking that action.

37
Q

Maryland V. Macon

A

Whether a Fourth Amendment violation has occurred turns on an objective assessment of the officer’s actions in the light of the circumstances confronting him at the time, and not on the officer’s actual state of mind at the time the challenged action was taken.”

38
Q

Whren V. US

A

Court upheld pretextual stops, held officer’s subjective reasons for making a traffic stop did not effect the case.

39
Q

Devenpeck V. Alford

A

Two Washington Troopers arrested a male for tape recording their interaction which was not illegal. Though they had PC he was impersonating an officer. Court held an officer’s stated reason for search or seizure is not controlling if objective justification is present.

40
Q

A search or seizure that is __________ reasonable does not violate the Fourth Amendment, without regard to an officer’s _________ motive, intent, or analysis.

A

objectively, subjective

41
Q

Segura V. US

A

“It has been well established for more than 60 years that evidence is not to be excluded if the connection between the police conduct and the discovery and seizure of the evidence is so attenuated as to dissipate the taint.

42
Q

Silverthorne Lumber V. US

A

Held that where the connection between the search and seizure and the eventual discovery of the evidence had been significantly interrupted or altered by intervening events, no purpose would be served in excluding the evidence.

43
Q

Utah V. Strieff

A

Case began with an illegal car stop, and the driver was arrested for a warrant. While searching the vehicle incident to arrest contraband was located. Court held even though investigation began with an unlawful detention discovery of the arrest warrant was an intervening cause, thereby attenuating the taint of the unlawful detention.

44
Q

“But For” Test

A

Exclusionary rule does not use a “but for” test. The Supreme Court would not impose a rule that would make any evidence inadmissible which somehow came to light through a chain of causation that began with an illegal arrest. (Attenuated Taint)

45
Q

Brown V. Illinois, Taylor V. Alabama, Knapp V. Texas

A

All three cases held that Miranda warnings and waiver are not enough to attenuate the taint from an illegal arrest.

46
Q

Independent Source Doctorine

A

If there are two justifications to allow a legal search, one legal and one illegal whichever is legal can be relied upon. I.E. A consent search, and probable cause to search a car. If PC is found to be lacking, consent can still be relied upon to justify the search in Court.

47
Q

Murray V. US

A

Upheld the independent search doctrine which permits the introduction of evidence discovered during, or as a consequence of an unlawful search but later found independently from lawful activities untainted by the initial illegality.

48
Q

The exclusionary rule does not apply, despite an __________search or seizure based on one ground, if there was a ________, ________ source of the same evidence

A

unreasonable, separate, untainted.

49
Q

Inevitable Discovery Doctorine

A

Evidence illegally obtained may still be admissible, if normal steps that would have been taken would inevitably have disclosed the same evidence at a later time.

50
Q

Good Faith Doctorine

A

In limited categories of circumstances, the fact that an officer mistakenly relied on a defective basis for searching or seizing will not invoke the exclusionary rule, if the officer’s error was objectively reasonable and was undertaken in a good-faith belief that the action was lawful.

51
Q

Good Faith Exceptions Held

A 
Search Warrants
Arrest Warrants
Changing Precedent
Mistake of Law
Unconstitutional Statutes
Misidentification
Consent
52
Q

Walder V. US

A

The Court confirmed excluded evidence can be used to impeach false testimony. Limits exclusionary rule to only the prosecution’s case in chief.

53
Q

Legal Uses of Suppressed Evidence

A 
Impeachment / Rebuttal
Sentencing
Parole / Probation Revocation Hearings
Grand Jury Proceedings
Deportation Proceedings
54
Q

The independent actions of ________ ______ or ______ are not subject to the Fourth Amendment so the exclusionary rule ______ apply.

A

private individuals or groups, does not

55
Q

These will sometimes be necessary before searching through the materials if their contraband or evidentiary nature is not immediately apparent as with filmed and written materials, or substances that must be subjected to laboratory tests.

A

Search warrants

56
Q

Neither the Fourth Amendment nor the Weeks / Mapp exclusionary rule applies to conduct by ____________ parties who are not acting as ________ of officials.

A

non-governmental, agents

57
Q

Conduct by Foreign Officials

A

The Fourth Amendment does not apply to

  • Foreign officers in foreign countries
  • Evidence obtained by foreign officers and turned over to US agents
  • Searches or seizures conducted outside the US against citizens of a foreign country, even by US agents.
58
Q

US V. Verdugo - Urquidez

A

Held that the 4th Amendment nor exclusionary rule applies to foreign searches against foreign citizens.

59
Q

City of Riverside V. Rivera

A

Held that because a private civil rights action also serves a public purpose in discouraging official misconduct, there is no requirement that (attorney) fees be proportionate to the recovery.

60
Q

Fourth Amendment violations may not only mean the _________ of resulting evidence, but may also subject officers and their agencies to ______ for both damages and attorney’s fees.

A

Suppression, civil liability

2022 Promotion Test (6 decks)

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