Con Crim Pro Flashcards
4th Amendment
Prohibition against unreasonable search and seizures
5th Amendment
Privilege against self incrimination and double jeopardy
6th Amendment
Right to a speedy trial, public trial, trial by jury, confront witnesses, assistance of counsel
8th Amendment
Prohibition against cruel and unusual punishment, prohibition against excessive fines
Search
A governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy
Seizure
Exercise of control by the government over a person or thing
What constitutes a seizure?
An arrest. If not obvious, a seizure occurs only when under the totality of the circumstances a reasonable person would feel that they were not free to leave
Arrest
Police take a person into custody against their will for purposes of criminal prosecution or interrogation
Probable Cause
Must exist to make an arrest. Facts and circumstances would warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
Is a warrant required to make an arrest?
No. Only need probable cause for a felony or a misdemeanor committed in their presence.
When does an arrest require a warrant?
A nonemergency arrest of an individual in their own home
All warrantless searches of homes are presumed unreasonable
Effect of an invalid arrest
An unlawful arrest by itself has no impact on a subsequent criminal prosecution
Evidence that is fruit of an unlawful arrest may not be used against the defendant at trial because of the exclusionary rule
Stop and Frisk
Police have the authority to briefly detain a person for investigative purposes even if they lack probable cause
What do they need to stop and frisk?
To stop = reasonable articulable suspicion of criminal activity or involvement in a crime
To frisk = Reasonable suspicion the person is armed and dangerous
Judged under the totality of the circumstances
Duration and Scope of Investigatory Stop
They are not subject to a specific time limit, but police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
Identification may be required
If they develop probable cause during the detention, it becomes an arrest
Property Seizure on Reasonable Suspicion
Police may briefly seize items upon reasonable suspicion that they are or contain contraband evidence
Automobile Stops
Stopping a car is considered a seizure under the 4thA
Officers must have at least reasonable suspicion to believe that a law has been violated
Constitutes a seizure of the passengers as well
What must a roadblock have to be valid?
- Stop cars on the basis of some neutral, articulable standard
and
- Be designed to serve purposes clearly related to a particular problem pertaining to automobiles and their mobility
What can police do with occupants in a stopped vehicle?
Order them out. Can frisk detainees if they reasonably believe they are armed and dangerous
Pretextual Stop
If an officer has probable cause to believe that a traffic law has been violated, the officer may stop the suspect’s automobile even if the officer’s ulterior motive is to investigate a crime for which the officer lacks sufficient cause to make a stop
Station House Detention
Police must have full probable cause for arrest to bring a suspect to the station against the suspect’s will for questioning
Deadly Force Seizure
There is a 4thA seizure when a police officer uses deadly force to apprehend a suspect, use of deadly force must be reasonable under the circumstances
Evidentiary search and seizure
Police typically must have obtained a warrant to conduct a search
Analysis of a search
Did the D have a reasonable expectation of privacy?
Did the police have a valid warrant?
If not, did it fall under one of the warrant exceptions?
Things Held out to the Public
No REOP.
ex: sound of voice, handwriting, paint on the outside of a car, smell of one’s luggage or car, account records held by bank, magazines offered for sale
Cell site location information
One does have REOP
Squeezing luggage
Does have REOP against physically invasive inspections
Dog sniffs at traffic stops
As long as lawful stop and stop is not extended beyond the time necessary, a dog sniff is okay.
Officers may not extend an otherwise completed traffic stop to do a dog sniff without reasonable suspicion
Dog sniffs at entry to home
No
“Open fields” doctrine
Areas outside the curtilage are subject to police entry and search as these areas are considered held out to the public
Fly-Overs
Police may fly over a field or yard to observe with the naked eye things within
Technology enhanced searches of homes
Obtaining by sense enhancing technology any information regarding the interior of a home that could not otherwise have been obtained without physical intrusion constitutes a search
Requirements of a Warrant
- Be issued by a neutral and detached magistrate
- Be based on probable cause from the facts submitted to the magistrate
- Particularly describe the area to be searched and the items to be seized
3 requirements to invalidate a search warrant
- A false statement was included in the affidavit
- The affiant intentionally or recklessly included that false statement
- The false statement was material to the finding of probable cause
Will a finding of a warrant to be invalid exclude the evidence found with said warrant?
No. Evidence obtained by police in reasonable reliance on a facially valid warrant may be used in the prosecution
Is a warrant for the search of a third party’s premises permissible?
Yes, as long as there is probable cause to believe evidence of someone’s guilt will be found
Who must execute a warrant?
The police
Must officers knock and announce?
Yes, unless it would be dangerous or futile or inhibit the investigation
Scope of Search
Limited to what is reasonably necessary to discover the items described in the warrant
Can police seize property that was not specified in the warrant?
Yes. Any contraband or fruits or instrumentalities of the crime they discover
Can police search persons found on the premises who are not named in the warrant?
No. If they have probable cause they may search incident to arrest
Detention of occupants
Police can detain occupants on the premises while the search is being conducted. Limited to persons in the immediate vicinity, cannot follow stop or detain and search persons who left the premises right before
6 Exceptions to the Warrant Requirement
- Search incident to lawful arrest
- “Automobile” Exception
- Plain View
- Consent
- Stop and Frisk
- Hot Pursuit, Exigent Circumstances, Other emergencies
Plain View Requirements
- Are legitimately on the premises
- Discover evidence, fruits or instrumentalities of a crime or contraband
- See such evidence in plain view
- Have probable cause to believe the evidence is part of a crime
Authority to Consent
Any person with an apparent equal right to use or occupy the property may consent to a search
Scope of the search is limited by the scope of the consent
14th Amendment
For confessions to be admissible, they must be voluntary which is examined by the totality of the circumstances
6thA right to counsel
Applies to all critical stages of criminal prosecution, limited to cases where adversary judicial proceedings have begun (aka formal charges have been filed)
Failure to provide counsel at trial results in
Automatic reversal of the conviction
At non-trial proceedings the harmless error rule applies
Miranda warning and valid waiver are prerequisites to the
admissibility of any statement made by the accused during a custodial interrogation
Miranda Warnings
- The right to remain silent
- Anything he says can be used against him
- Right to the presence of an attorney
- If cannot afford an attorney, one will be appointed for you
Does the warning have to be given verbatim?
No
When must Miranda be given?
Prior to interrogation
What are detainees options after being mirandized?
Do nothing, waive his miranda rights, remain silent, or assert the right to an attorney
What constitutes a valid waiver?
Must be knowing and voluntary
Right to remain silent
Must be explicit and unambiguous, all questions related to that particular crime must stop
Evidence obtained in violation of Miranda is inadmissible at trial except
For impeachment of defendant’s testimony
Exclusionary Rule
Prohibits the introduction at trial any evidence obtained in violation of defendant’s 4th, 5th, or 6thA rights
Fruits of the Poisonous Tree
Not only must illegally obtained evidence be excluded, but all evidence obtained or derived from exploitation of that evidence
Limitation
Fruits derived from statements obtained in violation of Miranda may be admissible despite the exclusionary rule
Independent Source
Evidence is admissible if prosecution can show it was obtained from a source independent of the original illegality
Inevitable Discovery
If the prosecution can show the police would have discovered the evidence whether or not they had acted unconstitutionally, it will be admissible
Good faith exception
The exclusionary rule does not apply when the police arrest or search someone erroneously but good faith
Harmless Error Test
Convictions are not necessarily overturned because improperly obtained evidence was admitted at trial, on appeal the government bears the burden of showing beyond a reasonable doubt that the admission was harmless
Right to Hearing on Motion to Suppress
D is entitled to have the admissibility of evidence or a confession decided as a matter of law by a judge outside of the hearing of the jury
D has a right to testify at said hearing without their testimony being admitted against them at trial on the issue of guilt
Prosecutor’s duty to disclose exculpatory evidence
Govt has a duty to disclose material, exculpatory evidence to the defendant, failure to disclose can be grounds for reversing a conviction
What must the defendant prove to have their conviction reversed due to withholding of exculpatory evidence?
- the evidence at issue is favorable to the defendant because it impeached or is exculpatory
- prejudice has resulted (aka there is a reasonable probability that the outcome of the case would have been different if the evidence had been presented at trial)
A defendant is incompetent
- They lack understanding of the charges and proceedings against them
- Lack present ability to consult with their lawyer
The 6th amendment grants defendants the right to confront adverse witnesses to ensure that
- The fact finder and defendant can observe the demeanor of the testifying witness
- The defendant has meaningful opportunity to cross examine any witness testifying against them
When Jeopardy attaches
In a jury trial = at the empaneling and swearing of the jury
Bench trial = when the first witness is sworn
Separate Sovereigns
The constitutional prohibition against double jeopardy, does not apply to separate sovereigns, therefore ,a person may be tried for the same conduct by a state and the federal government
Time Limits: Capital crime, life imprisonment
No time limit
Felony necessarily punishable by imprisonment at hard labor
6 years from when the offense was committed
Felony not necessarily punishable by imprisonment at hard labor
4 years
Misdemeanor punishable by fine or imprisonment
2 years
Misdemeanor punishable by fine
6 months
When Judges must recuse themself
- Biased, prejudiced, or personally interested
- Closely related to the accused, the victim, defense counsel, or the district attorney
- Were involved in the case as an attorney
- Is a material witness
- Has performed a judicial act in the case in another court
- Would, for any other reason, be unable to conduct a fair and impartial trial
When does a motion for a new trial have to be filed?
Before sentencing, sentencing cannot be imposed until at least 3 days have passed after the conviction
When must the court grant a motion for a new trial?
- The verdict is contrary to law and evidence
- The court’s ruling on a written motion or objection during the proceeding shows prejudicial error
- Newly discovered evidence has become available (could not have been discovered before with due diligence, would have probably changed the outcome of the case)
- Justice so requires
*Study important evidence stuff
