Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Grossman: Criminal > Constitutional Protection > Flashcards

Constitutional Protection Flashcards

1
Q

Search and Seizure

A

Think of it as a timeline. Can he do it?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Government Action Requirement

A

Search and seizure must be made by a government agent or at the direction of the government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Search

A

A government search of a location with a reasonable expectation of privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Open Fields Doctrine

A
  • Open areas with no expectation of privacy
  • not a search
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Probable Cause

A

a reasonable person would conclude it is more probable than not that a crime has taken place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If the Police finds contraband with probable cause but without a warrant, the evidence is:

A

Inadmissible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Warrant Requirement

A

Generally, searches must be pursuant to a warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Elements of a Warrant

A

1) issued by detached magistrate
2) facts must be fresh
3) persons/places must be specific
4) cannot exceed the scope

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Knock and Announce

A

Typically, police must Knock and Announce but a search will still be valid if they have a warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Informants

A
  • Police can rely on informants for probable cause
  • to find if an informant is reliable, look to the totality of the circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Plain View

A
  • Police can seize what is in PLAIN VIEW during a lawful search
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Once you find what you’re looking for

A

You must stop

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Illegal Search

A
  • will not automatically dismiss indictment
    (If the search was illegal, and they arrested Jon as a result of what they found, it does not mean Jon can get a dismissal of the indictment by itself of that bad search)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Protective Sweep

A
  • Search for additional criminals (PEOPLE, not contraband)
  • ONLY available when they have grounds and reason that there would be other criminals there
  • Allowed for safety with proof of others present
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Exceptions to the Warrant Rule

A
  1. Consent
  2. Search Incident to Lawful Arrest
  3. Arrest of a Car Occupant
  4. Inventory Search
  5. Exigent Circumstances
  6. Automobile
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Consent

A

one who has control or has apparent authority over the property lets in the cops
*if two people equally share property and one refuses consent, then the cops cannot search
*if only one is home, consent is valid (non present co-occupant cannot refuse)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Search Incident to Lawful Arrest

A
  • arrest must be lawful
  • search of person/ within
    span
    i.e. briefcase, pockets, X cell phone without warrant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Arrest of a Car Occupant

A

After arrest, Police may search passenger compartment (not the trunk) if occupant still has access to the car OR the police has reasonable belief of evidence related to the arrest.

does not require probable cause. only needs to be related to arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Inventory Search

A

After arrest, police can search person/car

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Exigent Circumstances

A

Reasonable belief evidence may be lost or destroyed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Automobile Exception

A
  1. Illegal Automobile Stop
  2. Legal Automobile Stop - Traffic Violation
  3. Probable Cause

does require probable cause.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Illegal Automobile Stop - No Traffic Violation

A

If there was no reason to pull the car over, nothing found is admissible

Not the same as Automobile Checkpoints!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Legal Automobile Stop - Traffic Violation

A
  • can pull over
  • CANNOT search the car UNLESS some evidence of other crimes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Legal Automobile Stop - Probable Cause

A

Police may search ENTIRE car if they have probable cause the car is carrying contraband

(i.e. amber alert)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Border Search
Allowed without warrant
26
Search Outside United States
Allowed US officials may search you on foreign land
27
Dog Sniff
Allowed in public space
28
Stop & Frisk (Terry)
* STOP: Reasonable suspicion that criminal activity is afoot * FRISK: Reasonable belief that person is armed and dangerous ## Footnote Hunch is sufficient for a stop. It can develop into probable cause.
29
Plain Feel Doctrine
Officer has to immediately recognize the object as contraband through touch alone
30
Automobile Checkpoints
Checkpoints allowed with generic, uniform method for stop
31
Miranda (Custodial Interrogation)
statement only subject to the law IF subject to custodial interrogation 1. custody: reasonable person would not feel free to leave AND 1. interrogation: police attempting to elicit a criminal response
32
Volunteered Statements
No Miranda rights required if suspect volunteers information
33
Miranda Rights Timing
Police do not need to give Miranda warnings immediately | But if police strategically does not give Miranda warnings, RED FLAG
34
Miranda Warnings
1. right to remain silent 2. anything said can be used against you 3. right to an attorney 4. if you cannot afford one, one will be provided
35
Invoking Right to Counsel
all questioning from the cops MUST stop
36
Waiver of Miranda Rights
- knowingly and voluntarily - totality of circumstances
37
Right Against Self-Incrimination
* cannot be forced to testify against themselves * but never an absolute right to testify in their own defense * may be required to perform physical acts (i.e. put on a glove)
38
Lineups & IDs
- lineups OK but cannot be unnecessarily suggestive - totality of circumstances (i.e. only tall guy)
39
Right to Counsel
1. Line Ups (post-indictment) 2. Foundation for Rights
40
Line Ups
- No right to counsel Prior to Indictment (i.e. immediately after arrest) - Right to counsel AFTER indictment
41
Foundation for Rights
- 5th Amendment right BEFORE charges or indictment - 6th Amendment right AFTER formal charges
42
Right to Effective Counsel
- did lawyer deviate from the norms? - reasonable probability the outcome would have been different had counsel been effective - question of FACT - presumption is they were effective
43
Waiver of Right to Counsel
must knowingly waive
44
Timing
Defendant has a right to Counsel at ALL critical stages of prosecution
45
Critical Stages
Critical stages: post indictment No right: pre indictment (i.e. blood sampling, photo IDs)
46
Shared Counsel
Co-defendants can share unless conflict arises
47
# Hypo. Undercover Officer in Jail Cell
* violates right to counsel (NOT Miranda) when deliberately eliciting statements* | * it's OK to eavesdrop and just listen for voluntary statement
48
Right to Fair Trial & Pleas
49
Guilty Plea
Must be entered Voluntarily and Intelligently (understand the consequences of what your doing)
50
Severance of trial
If two defendants are tried together, one can sever the trial under Unfair Prejudice
51
Impartiality of the Court
Defendant has a right to an UNBIASED judge
52
Competency
* Defendant must be competent to understand charges * Defendant may be medicated to become competent
53
Jury Trial Rights
- If sentence is longer than 6 months, have right to jury trial - jury is a cross-section of community - state trial by 6 members must be unanimous - state trial by 12 members need not be unanimous - federal trial by 12 members must be unanimous - exclusion of a juror based on race/gender violates Equal Protection
54
Right to Public Trial
- Defendant has right to public trial - Press may attend unless the judge has an overriding interest to close the trial (not easy to achieve) - Does not apply to grand jury
55
Right of Confrontation
right to confront and cross examine all witnesses
56
Co-defendant Confessions
A co-defendant's confession (implicating other) can only be used against the other if available to testify
57
Right to Confront Out-of-Court Statements
- testimonial statements are inadmissible - non-testimonial statements are admissible (made during an emergency)
58
Procedural Rights
Difference between what the defense and what the prosecution has to prove
59
Prosecution's Burden
must prove all elements beyond a reasonable doubt
60
Defendant's Burden
must prove a defense by preponderance of the evidence
61
Presumptions
Presumptions cannot be mandatory in criminal because it violates due process
62
Grand Jury
- accused has no right to be present - Exclusionary Rule does NOT apply - grand jury witness has NO right to counsel inside the room - can use illegally obtained evidence to indict someone
63
Double Jeopardy
- cannot be tried for the same crime twice - does not apply to anything (i.e. preliminary hearings, grand jury, etc) occurring BEFORE first trial ## Footnote So if defendant is not indicted in a grand jury, prosecutor can try again.
64
When does First Trial begin? (Double Jeopardy Attaches)
1. Jury trial: when **jury** is sworn in and impaneled 2. Bench trial: first **witness** is sworn in
65
Must there be final judgment for First Trial
Yes. It must begin AND end
66
# Double Jeopardy: Trial by a Separate Sovereign
- can be tried in DIFFERENT states - can be tried in STATE and FEDERAL court
67
# Double Jeopardy: Retrial is permitted if
- defendant appeals and wins under procedural error - retrial not allowed for insufficient evidence (=acquittal) - mistrial for necessity (i.e. hung jury)
68
# Double Jeopardy: Collateral Estoppel
No retrial allowed if the second trial requires an element defendant was previously acquitted of (i.e. if found not guilty for bank robbery, cannot be found guilty of felony murder arising from the bank robbery; but CAN be charged for manslaughter)
69
Cruel & Unusual Punishment
- sentence must be proportionate to crime - consistent with punishment for similar crimes
70
Rights During Sentencing
- right to counsel during sentencing and - right to remain silent
71
Death Penalty
- death penalty not cruel and unusual as long as there is procedural safeguards to prevent arbitrary or discriminatory sentencing
72
Death Penalty Exceptions
- under 18 at the time of the crime - mentally challenged

Grossman: Criminal (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions