Crim Pro Flashcards
Standing
a person has standing to raise a Fourth Amendment challenge if he has an expectation of privacy in the thing searched or seized
Fourth Amendment
The Fourth Amendment applies to searches or seizures conducted by government agents in areas where the complaining individual has a reasonable expectation of privacy. An agent usually needs a warrant.
Exceptions to 4A (Searches)
- exigent circumstances
- search incident to arrest
- consent
- the automobile exception
- plain view
- inventory searches
- special needs
- Terry stops/frisks.
Plain View
Officers may seize and item without a warrant if:
- if officers are lawfully in a position from which they view an object,
- if its incriminating character is immediately apparent, and
- if the officers have a lawful right of access to it, they may seize it without a warrant.
Terry Stops
the Fourth Amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulable suspicion” that the individual has been recently involved in criminal activity. (Feb 2008)
Fourteenth Amendment—voluntariness under the Due Process Clause - The standard for excluding a confession under the Due Process Clause is:
- whether the police subjected the suspect to coercive conduct and
- whether the conduct was sufficient to overcome the will of the suspect. Neither the confession nor the fruit
6A Right to Counsel
The Sixth Amendment, as applied to the states through the Fourteenth Amendment, provides that the accused has the right “to have Assistance of Counsel for his defense.”
It attaches → judicial proceedings have begun—i.e., when the accused is formally charged via indictment, arraignment, preliminary hearing, etc.
- It does not attach uponarrest. It applies to all “critical stages” of the prosecution after formal charges are filed.
- Once it attaches, any attempts to deliberately elicit an incriminating statement about the offense that the defendant was charged with, in the absence of counsel or a knowing, intelligent, and voluntary waiver, violates the Sixth Amendment.
5A Miranda Right to Counsel
Custodial Interrogation
- Custody: a suspect is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest. (July 2016, Feb 2008)
- Interrogation: this includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the suspect. (July 2016)
- A valid Miranda waiver: The suspect must make a “knowing, intelligent, and voluntary” waiver. This is a low bar. (July 2019, July 2014)
- A valid Miranda invocation: for both the right to remain silent and the right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request (e.g., “I think I need a lawyer” is not enough). (July 2019, July 2014, July 2011)
- If a violation occurs: The statements are excluded from the prosecutor’s case-in-chief. The physical fruits are not excluded if the statements were made voluntarily. (July 2011)
Public Safety Exception to Miranda
warnings are not required if the questions are intended to protect public safety (e.g., to secure weapons after a shooting). (July 2017).
Valid Miranda Waiver
The suspect must make a “knowing, intelligent, and voluntary” waiver. This is a low bar. (July 2019, July 2014)
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A valid Miranda invocation:
for both the right to remain silent and the right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request (e.g., “I think I need a lawyer” is not enough). (July 2019, July 2014, July 2011)
If a Miranda Violation occurs:
The statements are excluded from the prosecutor’s case-in-chief. The physical fruits are not excluded if the statements were made voluntarily.
