CP Flashcards
GOV ACTION
SEARCH AND SEIZURE MUST BE BY GOV AGENT/DIRECTION OF THE GOV
SEARCH
GOV SEARCH OF A LOCATION W A REASONABLE EXPECTATION OF PRIVACY
OPEN FIELDS DOCTRINE
OPEN AREAS W NO EXPECTATION OF PRIVACY
NOT A SEARCH
PROBABLE CAUSE
REASONABLE PERSON WOULD CONCLUDE IT IS MORE PROBABLY THAN NOT THT A CRIME HAS TAKEN PLACE
WARRANT REQ
SEARCHES MUST BE PURSUANT TO A WARRANT
WARRANT REQS (DETAILS)
1) ISSUED BY DETACHED MAGISTRATE
2) FACTS MUST BE FRESH
3) PERSON/PLACES MUST BE SPECIFIC
4) CANNOT EXCEED THE SCOPE
INFORMANTS
POLICE CAN RELY ON INFORMANTS FOR PC
PLAIN VIEW
POLICE CAN SEIZE WHAT IS IN PLAIN VIEW DURING A LAWFUL SEARCH
ILLEGAL SEARCH
WILL NOT AUTOMATICALLY DISMISS INDICTMENT
PROTECTIVE SWEEP
SEARCH FOR ADDTL CRIMINALS
ALLOWED FOR SAFETY OF OTHERS PRESENT
EXCEPTIONS TO WARRANT REQ
CONSENT
SITLA
AUTOMOBILE
INVENTORY
EXIGENT CIRCUMSTANCES
BORDER
CONSENT
ONE WHO HAS CONTROL/APPARENT AUTHORITY OVER THE PROPERTY
CO-OCCUPANT CONSENT
A PRESENT CO-OCCUPANTS CAN REFUSE
A NON PRESENT CO-OCCUPANT CANNOT REFUSE
SEARCH INCIDENT TO LAWFUL ARREST
ARREST MUST BE LAWFUL
SEARCH OF PERSON/WINGSPAN
ARREST OF A CAR OCCUPANT
POLICE MAY SEARCH PASSENGER COMPARTMENT IF
1) OCCUPANT IS UNSECURED
2)REASONABLE BELIEF OF EVIDENCE OF CRIME OF ARREST
INVENTORY SEARCH
AFTER ARREST AT THE POLICE STATION, POLICE CAN SEARCH THE PERSON/CAR
EXIGENT CIRCUMSTANCES
REASONABLE BELIEF EVIDENCE MAY BE LOST OR DESTROYED
EXCEPTION TO WARRANT
ILLEGAL AUTOMOBILE STOP-NO VIOLATION:
IF THERE WAS NO REASON TO PULL THE CAR OVER, NOTHING FOUND IS ADMISSIBLE
LEGAL AUTOMOBILE STOP- TRAFFIC VIOLATION
POLICE CANNOT SEARCH THE CAR
UNLESS SOME EVIDENCE OF OTHER CRIMES
AUTOMOBILE STOP- PROBABLE CAUSE:
POLICE MAY SEARCH ENTIRE CAR IF PROBABLE CAUSE THE CAR IS CARRYING CONTRABAND
BORDER SEARCH
NO WARRANT NECESSARY
SEARCH OUTSIDE THE US
US OFFICIALS MAY SEARCH YOU ON FOREIGN LAND
DOG SNIFF
NOT A SEARCH IN A PUBLIC PLACE
STOP & FRISK
STOP: RS CRIMINAL ACTIVITY IS AFOOT
FRISK: REASONABLE BELIEF PERSON IS ARMED AND DANGEROUS
AUTOMOBILE STOPS
CHECKPOINTS ALLOWED W GENERIC UNIFORM METHOD FOR STOP
MIRANDA ELEMENTS
1) CUSTODY
2) INTERROGATION
CUSTODY
REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE
VOLUNTEERED STATEMENTS
NO MIRANDA REQ’D IF SUSPECT VOLUNTEERS INFO
INTERROGATION
POLICE ATTEMPTING TO ELICIT CRIMINAL RESPONSE
MIRANDA WARNINGS
1) RIGHT TO REMAIN SILENT
2) ANYTHING SAID CAN B USED AGAINST U
3) RIGHT TO AN ATTORNEY
4)IF U CANNOT AFFORD ONE, ONE WILL BE PROVIDED
IF YOU REQ A LAWYER
ALL QUESTIONING MUST STOP
RIGHT AGAINST SELF INCRIMINATION
NEVER REQ’D TO TESTIFY
MAY BE REQ’D TO PERFORM PHYSICAL ACTS
CANNOT BE FORCED TO MAKE STATEMENTS
WAIVER OF MIRANDA RIGHTS
1) KNOWINGLY AND VOLUNTARY
2) TOTALITY OF CIRCUMSTANCES
LINE UPS AND IDS
CANNOT BE UNNECESSARILY SUGGESTIVE
TOTALITY OF CIRCUMSTANCES
LINEUPS-RIGHT TO COUNSEL
NO RIGHT TO COUNSEL PRIOR TO INDICTMENT
RIGHT TO COUNSEL AFTER INDICTMENT
RIGHT TO COUNSEL
5TH AMENDMENT
6TH AMENDMENT
RIGHT B4 CHARGES OR INDICTMENT
RIGHT AFTER FORMAL CHARGES
RIGHT TO EFFECTIVE COUNSEL
1) DID THE LAWYER DEVIATE FROM THE NORMS
2)REASONABLE PROBABILITY THE OUTCOME WOULD HAVE BEEN DIFFERENT
WAIVER OF RIGHT TO COUNSEL
MUST KNOWINGLY WAIVE
RIGHT TO COUNSEL AT ALL CRITICAL CHANGES
POST INDICTMENT INTERROGATIION
PRELIMINARY HEARINGS FOR PROBABLE CAUSE TO PROSECUTE
ARRAIGNMENT
POST CHARGE LINEUPS
GUILTY PLEAS AND SENTENCING
FELONY TRIALS
MISDEMEANOR TRIALS W IMPOSED IMPRISONMENT
OVERNIGHT RECESSES DURING TRIAL
APPEALS AS A MATTER OF RIGHT
APPEALS OF GUILTY PLEAS
PLEAS OF NOLO CONTENDRE
SHARED COUNSEL
CODEFENDANTS CAN SHARE COUNSEL UNLESS CONFLICT ARISES
GUILTY PLEA
ENTERED VOLUNTARILY AND INTELLIGENTLY
SEVERANCE
IF TWO DEFENDANTS ARE TRIED TOGETHER, ONE CAN SEVER FOR UNFAIR PREJUDICE
IMPARTIALITY
RIGHT TO UNBIASED JUDGE
COMPETENCY
D MUST BE COMPETENT TO UNDERSTAND CHARGES
D MAY BE MEDICATED
JURY TRIAL RIGHTS
SENTENCE IS LONGER THAN 6 MONTHS
JURY IS A CROSS SECTION OF COMMUNITY
STATE TRIAL BY 6 MEMBERS MUST BE UNANIMOUS
STATE TRIAL BY 12 MEMBERS NEED NOT BE UNANIMOUS
FED TRIAL BY 12 MEMBERS MUST BE UNANIMOUS
EXCLUSION OF A JUROR BASED ON RACE/GENDER VIOLATES EP
RIGHT TO PUBLIC TRIAL
PRESS MAY ATTEND UNLESS
OVERRIDING INTEREST TO CLOSE TRIAL
DOES NOT APPLY TO GRAND JURY
RIGHT TO CONFRONTATION
RIGHT TO CONFRONT AND CROSS EXAMINE ALL WITNESSES
RIGHT TO CONFRONTATIONS- CODEFENDANTS
A CODEFENDANTS CONFESSION CAN ONLY BE USED AGAINST THE OTHER IS AVAILABLE TO TESTIFY
RIGHT TO CONFRONTATION-OUT OF COURT STATEMENTS
TESTIMONIAL STATEMENTS ARE ADMISSIBLE
NON TESTIMONIAL STATEMENTS ARE ADMISSIBLE
NONTESTIMONIAL STATEMENTS
MADE DURING AN EMERGENCY
PROSECUTIONS BURDEN
MUST PROVE ALL ELEMENTS BEYOND A REASONABLE DOUBT
DEFENDANTS BURDEN
MUST PROVE BY PREPONDERANCE OF THE EVIDENCE
NO MANDATORY PRESUMPTIONS IN A
CRIMINAL CASE
GRAND JURY
1) ACCUSED HAS NO RIGHT TO BE PRESENT
2)EXCLUSIONARY RULE DOES NOT APPLY
3) WITNESS HAS NO RIGHT TO COUNSEL INSIDE THE ROOM
DOUBLE JEOPARDY
CANNOT BE TRIED FOR THE SAME CRIME TWICE
JEOPARDY ATTACHES
JURY TRIAL:JURY IS SWORN IN
BENCH TRIAL: FIRST WITNESS IS SWORN IN
DJ EXCEPTION- SEPARATE SOVEREIGNS
CAN B TRIED IN DIFF STATES
CAN B TRIED IN STATE AND FED CT
DJ EXCEPTIONS
DEFENDANTS SUCCESSFUL APPEAL
MISTRIAL FOR NECESSITY
DJ- COLLATERAL ESTOPPEL
NO RETRIAL ALLOWED WHEN SECOND TRIAL REQS AN ELEMENT DEFENDANT WAS ACQUITTED OF
CRUEL AND UNUSAL PUNISHMENT
MUST B PROPORTIONATE TO CRIME
CONSISTENT W PUNISHMENT FOR SIMILAR CRIMES
RIGHTS DURING SENTENCING
RIGHT TO COUNSEL
RIGHT TO REMAIN SILENT
DEATH PENALTY
NOT CRUEL AND UNUSAL AS LONG AS PROCEDURAL SAFEGUARDS TO PREVENT ARBITRARY OR DISCRIMINATORY SENTENCING
DEATH PENALTY EXCEPTIONS
UNDER 18 AT TIME OF CRIME
MENTALLY CHALLENGED
a person is
“in custody” only when under
“formal arrest or restraint on freedom of movement of the degree associated with a
formal arrest.”
