Crim Pro 1 - Sheet1 Flashcards
crim pro
Exclusionary Rule
prohibits the introduction of evidence at a CRIMINAL
TRIAL obtained in violation of the Ds 4th (search), 5th (miranda, due process) and 6th (counsel) Amendment rights.
crim pro
Limitations on Exclusion
Grand Jury (witness may be compelled to testify on illegally seized items);
Criminal Only: exclusion not avaialbe in civil proceedings
Violation: only excluded if search was in violation of Const or statute
Parole: exclusion not available in parole revocation proceedings
Good Faith Defense (good faith reliance on judicial opinon later changed, on statute later declared unconstitutional, on a defective search warrant)
Impeachment (confessions inadmissible because of Miranda warnings can be used to impeach the credibility of the D)
crim pro
Evidence that can be Used to Impeach Defendant
ALL illegally seized evidence can be used to IMPEACH the DEFENDANT (NOT other witnesses, only for impeachment); including evidence of statements in violation of Miranda
crim pro
Good Faith Reliance on Defective Search Warrant
Where police have good faith reliance on a defective search warrant, evidence seized will not be excluded under the exclusionary rule.
Exceptions: no good faith defense if:
-affidavit lacks probable cause (no police would rely on it)
-warrant failts to state with particularity the place to be searched and the things to be seized
-police lied or mislead magistrate
-magistrate wholly abandons his judicial role
crim pro
Fruit of the Poisonous Tree
not only must illegally obtained evidence be excluded, but also all evidence obtained or derived from exploitation is excluded.
Exceptions:
- Independent Source
- Inevitable Discovery
- Intervening Acts of Free Will by D: i.e. D was illegally arrested on Friday, on Saturday he was let out on bail, Monday he hired an attorney, and Tuesday he went to the police and confessed. Intervening Acts broke the chain.
crim pro
Arrest Warrants
Public Place: Arrest Warrants are generally not required for an Arrest in a Public place.
- Non-emergency Arrest of a person in his home requires Arrest Warrant
- Station House Detention: police need PROBABLE CAUSE to Arrest you to get you to come to the police Station either for fingerprinting or interrogation.
crim pro
Search and Seizure Test
4th Amendment
Does the Person have a 4th Amendment Right?
(1) Government Conduct;
(2) Reasonable expectation of privacy
Do Police have a valid search warrant?
- if warrant is good, then you have a valid search
- if no warrant, is there a valid exception?
- If warrant is invalid, is there an exclusionary exception?
crim pro
Government Conduct
police, on or offer duty; = private individuals acting
at direction of police; NOT privately paid police, unless deputized with power to arrest, i.e. campus police)
crim pro
Reasonable Expectation of Privacy
STANDING
- Automatic Standing: (own premises searched; live on premise searched; overnight guest)
- Sometimes Standing: (own property seized; legitimately present when search took place)
- No standing: (1) sound of your voice; (2) style of handwriting; (3) paint on outside of your car; (4) account records held by bank; (5) monitoring location of car on public street or in driveway; (6) anything that can be seen across open fields; (7) anything that can be seen from flying over in the public airspace; (8) odors emanating from your luggage; (9) garbage on your curb awaiting pickup.
crim pro
Specific Standing Situations
(1) overnight guests do not have standing
(2) passengers in car who claim they don’t own
their car and don’t claim property in the car do not have standing just b/c they were present when the search took place.
(3) an individual briefly on the premises of someone else solely for the purposes of cutting up drugs do not have standing.
crim pro
Valid Warrant Requirements
(1) PROBABLE CAUSE: (can use hearsay, use informants, even
anonymous ones)
(2) Warrant must be valid and precise (must state with
PARTICULARITY the place to be search and the things to be
searched for).
(3) Neutral and detached Magistrate: must be neutral from law enforcement. Good faith defense is not available if
magistrate is not neutral.
crim pro
Exceptions to Warrant Requirement
(1) Search Incident to an Arrest: (must be contemporaneous; Grab area can be searched)
(2) Automobile Exception (if police have probable cause to believe vehicle contains contraband or evidence, can search whole vehicle, including trunk and any package) Police pulls over a car, gives a speeding ticket, police notices that driver and passenger fit description of people involved in an auto-theft. If the magistrate had been there, he would have issued an arrest warrant.
(3) Plain View: (police must be legitimately present where he is doing the viewing)
(4) Consent: must be VOLUNTARY & INTELLIGENT. (police saying they have a warrant negates consent. Police do not have to warn you that you have a right to consent). (authority to consent- if 2 or more people have equal right of use, either can)
(5) Stop & Frisk: Requirement= REASONABLE SUSPICION (< probable cause). If frisk reveals evidence of a crime that is not a weapon or contraband, test is How Much Like a Weapon or Contraband Could It Have Seemed From the Outside.
(6) Hot Pursuit & Evanescent Evidence: (evanescent evidence= evidence that might go away if we took time to get a warrant; i.e. scrapping under Ds fingernails.)
- -Once the police enter someone’s home from hot pursuit, there is no effective limit on the search.
- -Police in hot pursuit may enter anybody’s home, even if it is not the pursuitee.
crim pro
Wiretapping
all wiretapping & eavesdropping requires a warrant; Exception: everyone assumes the risk that the person to whom he is speaking either consents to the Govt. monitoring or is wired.
crim pro
Miranda Requirements
5th Amendment
- Miranda Requirements: CUSTODY (person not free to leave); INTERROGATION (conduct police knew or should know would elicit a damaging statement)
- –Miranda not required for spontaneous statement
- –Probation interviews are NOT custody
- –Routine Traffic Stops are NOT custody
- 6th Amendment Right to Counsel: for all criminal proceedings; OFFENSE SPECIFIC= police can question about different offenses w/out lawyer (different crimes= at least 1 different element). Arises post-filing.
crim pro
Miranda Waiver
Waiver: must be KNOWING, VOLUNTARY, and INTELLIGENT. (no Waiver from silence or shoulder shrugging)
