CRIM PRO Flashcards
What is a seizure?
When does probable cause exist?
Do you need an arrest warrant in a public place? What about in their home?
any exercise of control by a government agent over a person or thing.
reasonably prudent person would believe that a suspect has or is commiting a crime.
Any arrest must be made based on probable cause ***
Arrest warrants - not required before arresting someone in a public place but are required in non - emergency situation in a home.
What is the effect of an invalid arrest?
On its own, has no impact on any subsequent criminal prosecution.
What is a terry stop? What is required.
Police have authority to briefly detain even if they lack probable cause. To do so, must have reasonable suspicous supported by articuable facts of criminal activity.
Reasonable suspicon- more than just vague suspicion but less than probable cause. Look at totality of circumstances.
When based on informant tip, there must be indica of realiabliity to be sufficient.
When may police stop a car?
What is the rule for routine traffic stops and police dogs?
When is an informational/checkpoint roadblock permissable?
WHen can you order occupants out of a car?
Are preetextual stops permissale?
Reasonable suspicion that law has been violated.
Sniff is not a search, so long as the police dont extend the stop beyond time needed to issue ticked or conduct normal inquires. However, dog alert to presence of drugs can form basis for probable cause for a search. However, you cannot use a drug sniffing dog outside the home of a suspected drug dealer without probable cause.
purposes other than seeking incriminating information. Moreover, DUI checkpoint will be allowed if it is nuetrally applied.
Permissable if the vechicle is lawfully stopped.
Yes, ulterior motive is irrelevant so long as the stopping of the car was legal.
What is government conduct for purposes of search and seizure?
In order to object to a governmental search, one must have what?
(1) publicly paid police - on or off duty
(2) A private individual acting at the direction of public police.
However, privately paid police actions do not consitute governmental conduct unless they are deputized with power to arrest
Standing to object. To have standing, a person must have reasonable expectation of privacy in the item or area searched.
What are the automatic categories of standing to object to a search?
(1) own the premises
(2) live on the premises - grandchild.
(3) overnight guests ***
Sometimes - own the property seized, you have standing only if you have reasonable expectation of privacy in the item or area searched.
What are the “no standing” categories to object to a search?
No expectation of privacy in anything you hold out to the public every day.
- voice
- handwriting
- Paint of your car
- account records held by a bank
- Monitoring the location of your car on public street or driveway
- Anything which can be seen across open fields
- Seen from pubilc air space
- Odors emanating from luggage or car
- Garbage set outside on the curb for collection.
What is required for a facially valid search warrant?
- probable cause - fair probabliity that contraband or evidence will be found. If the probable cause is based on informant information, its suffiency is determiend by totality of circumstances. Moreover, informants credibility and basis of knowledge are relevant to making this determinaiton. A valid warrant can be based in part on anonymous tip.
- particularity - place to be searched and things to be seized.
However, a warrant may be anticpatory - can predict when illegal items may be in a suspects home/office and the items need not be on premises at the time the warrant is issued.
Only the police can execute a search warrant. - moreover, no third parties can accomany police when excuting warrant in ones home unless they are there to identify stolen property.
What are the exceptions to the warrant requirement?
Search incident to arrest - arrest must be lawful. Arrest and search must be contemperounes in time and place. Person and the areas within the person’s wingspan can only be search.
Gant rule - The police may search interior of car ONLY if : (a) aresstee is unsecured and gain access to interior OR (b) reasonable belief that evidence of the offense for which the person was arrested may be found in vechile.
The automobile exception - if BUT only if - before searching anything or anyboyd they have probable cause, they can search entire car. They can also open any package or luggae or container if you could reasonably believe they contain an item they had probable cause to look for.
Plain view - officer must be (1)legitamtaly present and it must be (2)immediately apparent that the item is contraband or fruit of a crime (probable cause).
Consent - voluntary consent.
Third party consent - If two people have equal right to use property, either can consent. However, if they are together, and one says yes and one says no, the person who says no controls.
Stop and frisk. - reasonable suspcion for the stop, and plain feel that something is contraband or weapon to seize something you feel. REMEMBER, if probable cause arises, then they can arrest, which leads to full search incident to arrest.
What is evanescent evidence?
Hot pursuit
Inventory search
Emergency aid/caretaker exception
Might dissapear quickly if police took time to get warrant. (blood test for DUI needs warrant though).
Hot pursuit of a fleeing felon. - However, if not within 15 minutes behind, it is not valid. - Thus, if in hot pursuit, they can search a home and anything in plain view is permissable because they are legitimaely present.
Before incarceration, they can search (1) personal belongings and (2) entire vehicle.
Officer faces an emergency that threatens health or safety of an individual or the public.
What is the rule for public school searches?
Does wiretapping and eavesdropping require a warrant?
Public school children engaged in extracurricilur activies can be randonly drug tested.
A school search will be held reasonaable only if (a) moderate chance of finding evidence of wrongdoing (b)measures adopted are reasonably related to objectives of search (c) not exessively intrustive.
Generally yes - however, there is the unrealiable ear(person you are talking to is a snitch) and uninvited ear exceptions( you are not making conversation private).
Shocking materials rule?
any act used to obtain evidence, which scocks the conscience is unconsti.
What must confessions be, pursuant to the 14th amendment, to be permissable?
voluntary - assessed by totality of the circumstances.
WHen does the 6th amendment right to counsel apply?
Critical stages of a prosecution
- Post indictment interrogation
- Preliminary hearings to determine probable cause to prosecute
- Arraignment
- Post charge lineups
- Senatncing
- Felony trials
Not applicable - blood samples, handwriting samples, pre- charge lineups, parole and probatio revocation, fingerprint, photo ID.
Offense specific - only applies to specific charge for which D was charged and thus they can be questioned on an unrelated charge.
V tells police that D was a white male with shaved head. WHen V is asked to identify, 8 people, but only one with shaved head and white. Is this permissable pre trial ID?
no, so suggesstive that it violates due process of law. This will be thrown out unless P can show independent source for that in- court ID. (Witness had adequate time to observe D at time of crime.
