Crim Pro

Question 1

Warrant Exception 2: Automobile Exception

Answer 1

If the police have probable cause to believe that a vehicle contains contraband or evidence of a crime, they may search the whole vehicle without a warrant (including trunk). If the police have full probable cause to search the vehicle, they can search the entire vehicle and all containers within it that might contain the object for which they are searching.

If vehicle is parked within curtilage of suspect’s home, cannot search w/o warrant

Probable cause can arise after car is stopped, but must arise before anything or anybody is searched

Question 2

4th Amendment

Answer 2

Prohibition against unreasonable searches and seizures and exclusionary rule

Question 3

5th Amendment

Answer 3

Privilege against compulsory self-incrimination

Prohibition against double jeopardy

Question 4

6th Amendment

Answer 4

Right to speedy trial
Right to public trial
Right to trial by jury
Right to confront witnesses
Right to compulsory process for obtaining witnesses
Right to assistance of counsel in felony cases and misdemeanor cases where prison can be imposed

Question 5

8th Amendment

Answer 5

Prohibition against cruel and unusual punishment

Prohibition against excessive fines

Question 6

Seizure

Answer 6

Seizure occurs when under totality of circumstances, a reasonable person would feel that they were not free to decline officer’s requests or otherwise terminate encounter

Arrests must be based on probable cause - trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law. Totality of the circumstances

Warrant generally not required for arrest except home arrest

Question 7

Investigatory Detentions / Terry Stops

Answer 7

Authority to briefly detain person, even if no probable cause for arrest.
Where police have a reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts (not a mere hunch), they main detain person for investigative purposes

Can frisk if: reasonable suspicion that detainee is armed and dangerous

Question 8

Automobile Stops

Answer 8

Stop a car with reasonable suspicion to believe law has been violated

Dog sniff ≠ search. Dog alert can form basis for probable cause for search

Officer may order occupants of vehicle to get out and may risk occupants and search passenger compartment for weapons if officer reasonably believes detainees are armed

Mistake of law does not invalidate seizure if mistake was reasonable

Standing: all passengers have standing to raise a wrongful stop as a reason to exclude evidence found during the stop

Question 9

Search and Seizure Analysis

Answer 9

1, Was search or seizure by police officer? 4A only protects against gov’t conduct

2. Did search violate D’s reasonable expectation of privacy or intrude into a constitutionally protected area?
3. Is there a valid warrant?
4. If no, was the search within a warrantless exception?

Question 10

6 Warrantless Exceptions

Answer 10

1. Incidental to constitutional arrest
2. Automobile search
3. Plain View
4. Consent
5. Stop and Frisk
6. Hot pursuit, exigent circumstances, evanescent evidence, emergency aid

Question 11

Standing to Object to Gov’t Search

Answer 11

Person must have their own reasonable expectation of privacy w/r/t the place searched or the item seized. Based on totality of circumstances.

Reasonable expectation of privacy any time:

1. persons owned or had right to possession of the place searched
2. Place searched was their home, whether or not they owned or had right to possession of it, or
3. person was overnight guest of owner of the place searched
4. Owns property seized, only if they have a reasonable expectation of privacy in the item or area searched

No reasonable expectation of privacy in objects held out to public (info in hands of third parties, sound of voice, style of handwriting, paint on car, account records held by bank, location of car in public street or highway, seen across open fields, seen from flying over public airspace, odors, garbage on curb for collection)

BUT, the use of sense-enhance tech that is unavailable for general public use to obtain info that could not otherwise be obtained violates legit expectation of privacy

Question 12

Searches Conducted Pursuant to a Warrant

Answer 12

Two core requirements for a valid search warrant:

1. Probable Cause - probable cause to believe that seizable evidence will be found on person or premises at time the warrant is executed
2. Particularity - describe the place to be searched and items to be seizued

Question 13

Execution of Warrant

Answer 13

1. knock and announce rule
2. police may not be accompanied by third parties, unless third parties are there to aid in identifying stolen property
3. violations of knock and announce rule will NOT result in suppression of evidence otherwise properly obtained. Exclusionary rule does not apply

Authorizes police to detain occupants during a search but does not authorize police to search persons not named in warrant

Question 14

Warrant Exception 1: Search Incidental to Constitutional Arrest

Answer 14

Police may search person and areas in which they may reach to obtain weapons or destroy evidence. Protective sweep ok. Areas within wingspan

Search must be contemporaneous in time and place with respect.

Automobiles: Can search interior of car (passenger compartment but not trunk) after securing occupant if reason to believe that vehicle contains evidence of crime for which occupant was arrested OR arrestee is unsecured and still may gain access to interior of vehicle

Incident to incarceration or impoundment: at police station police can make inventory search of arrestee’s belongings and impounded vehicle

Question 15

Warrant Exception 3: Plain View

Answer 15

May make warrantless seizure when:

1. are legitimately on premises
2. discover evidence, fruits or instrumentalities of crime, or contraband
3. see evidence in plain view, and
4. have probable cause to believe (it must be immediately apparent) that item is evidence of crime

Question 16

Warrant Exception 4: Consent

Answer 16

Warrantless search is valid if police have a voluntary consent. Police saying “we have a warrant” negates consent

Anyone with apparent equal right to use or occupy property may consent. An occupant cannot give valid consent when co-occupant is present and objects to search and search is directed against co-occupant.

Question 17

Warrant Exception 5: Stop and Frisk

Answer 17

Terry Stop is brief detention for purpose of investigating
Terry frisk is a patdown of outer clothing and body to check for weapons

May stop a person without probable cause for arrest if they have an articulable and reasonable suspicion of criminal activity.

Limited to patdown of outer clothing. May seize any items that the officer reasonable believes, “based on its plain feel” is a weapon or contraband. Such items admissible as evidence

Automobile: if properly stopped for traffic violation and officer reasonable believes driver may be armed and dangerous, officer may frisk and search vehicle limited to areas weapon may be

Question 18

Warrant Exception 6: Hot Pursuit, Evanescent Evidence, Emergency Aid

Answer 18

Evanescent evidence - might disappear quickly if wait for warrant

Hot pursuit - of fleeing felon. Less than 15 mins behind felon

Emergency Aid - may enter premises w/o warrant if officer faces an emergency that threatens the health or safety of an individual or the public

Question 19

Confessions: 14th Amendment - Voluntariness

Answer 19

For self-incriminating statement to be admissible under DPC, must be voluntary.
Involuntary only if official compulsion (I.e., confession not involuntary merely because product of mental illness)

Harmless error tests applies for involuntary confession admitted into evidence. –> Conviction need not be overturned if there is other overwhelming evidence of guilt

Question 20

Confessions: 6th Amendment - Right to Counsel

Answer 20

6th Amend guarantee right to assistance of counsel after judicial proceedings have begun (formal charges have been filed)

Police cannot deliberately elicit an incriminating statement from D outside presence of counsel after D has been charged unless D waived right to counsel
- Note: D arrested but not yet charged does not have 6A right to counsel, but does have 5A right to counsel under Miranda

6A is offense specific. D may be questioned regarding unrelated, uncharged offenses without violating 6A right to counsel. Difference if each offense requires an additional element the other crime does not require

Waiver must be knowing and voluntary, but does not have to be in presence of counsel

Non trial proceedings - harmless error rule
Trial - failure to provide counsel is grounds for automatic reversal of conviction

Statement obtained in violation of 6A right to counsel is not admissible in case in chief but may be used to impeach D’s contrary trial testimony

Question 21

5th Amendment Privilege Against Compelled Self-Incrimination

Answer 21

Miranda warnings: required when suspect is custodial interrogation. Failure to give warnings is 5A violation

Must be given prior to interrogation. Necessary when a detainee knows that they are being interrogated by a gov’t agent. not necessary if detainee is being interrogated by informant whom D does not know is working for police.

Do not apply to uncharged witness testifying before grand jury

custody: whether a reasonable person under circumstances would feel that they were free to terminate interrogation and leave. Also look at whether the relevant environment presents the same inherently coercive pressures as the type of station house questioning at issue in Miranda

Interrogation: any words or conduct by police that they should know would likely elicit an incriminating response from the detainee.

NOT required before spontaneous statements by detainee. And routine booking Qs do not constitute interrogation

Question 22

Right to Waive Miranda Rights or Terminate Interrogation

Answer 22

• Do nothing - could will not presume waiver but neither will court presume D has asserted rights, police may continue to Q
• Waive rights - waiver myst be knowing and voluntary
• Right to remain silent - must be explicit, unambiguous, and unequivocal. Police must scrupulously honor request by not badgering detainee. Allows police to reinitiate questioning after waiting a significant amount of time, re-Mirandizing, and questions were limited to a crime that was not subject of earlier qs.
• Right to counsel - unambiguously indicates, all Q must cease until counsel has been provided unless 1. D then waives right, 2. D is released from custodial interrogation back to normal life and 14 days pass since release

Question 23

Effect of Miranda Violation

Answer 23

Generally, evidence obtained in violation of Miranda is inadmissible at trial under exclusionary rule

• may be used to impeach D’s trial testimony, but not as evidence of guilt

Question 24

Pre-trial Identification

Answer 24

• Right to attorney at post-charge lineup or showup.
• no right to counsel at photo ID or when police take physical evidence, such as handwriting or fingerprints
• ID can violate DP if ID is unnecessarily suggestive and there is a substantial likelihood of misidentification
• Remedy: exclusion of ID for in-court identification, UNLESS independent source

Question 25

Exclusionary Rule

Answer 25

Prohibits introduction of evidence obtained in violation of D’s 4th, 5th, and 6th amendment rights

Unconstitutionally obtained evidence is inadmissible at trial and all “fruit of the poisonous tree” must also be excluded unless costs of excluding evidence outweigh deterrent effect exclusion would have on police misconduct.

Exceptions to fruit of poisonous tree:

• Fruits derived from statements obtained in violation of Miranda
• evidence obtained from independent source
• evidence where connection btwn police conduct and evidence is remote
• intervening acts of free will on part of D
• inevitable discovery, police would have discovered evidence anyway
• violations of knock and announce rule

Question 26

Limitations to Exclusionary Rule

Answer 26

• inapplicable to grand juries, civil proceedings, violations of state law, internal agency rules, and parole revocation proceedings (unless evidence obtained in violation of federal wiretapping statute)

Question 27

Harmless Error Test

Answer 27

If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the gov’t can show beyond reasonable doubt that the error was harmless

Question 28

Pretrial Procedures

Answer 28

Grand Jury - conducted in secret, D has no right to notice that grand jury is considering an indictment, to be present and confront witnesses, or to introduce evidence. Witness subpoenaed to testify before grand jury does not have right to receive mirandra warnings or attorney present (even if D is witness). Grand jury may base indictment on evidence that would be inadmissible at trial. BUT, conviction resulting from indictment issued by grand jury from which minority members have been excluded will be reversed w/o regard to harmlessness of error

Speedy Trial - 6A. Consider: length of delay, reason for delay, whether D asserted their right, prejudicce to D. Remedy: dismissal w/ prejudice. Only attaches once D has been arrested or charged

Prosecution Duty to Disclose Exculpatory Info and Notice of Defenses - failure to disclose evidence, whether willful or inadvertent, violates DP and is grounds for reversing conviction if D can prove 1. evidence is favorable to bc it impeaches or is exculpatory, and 2. prejudice has resulted or there is a reasonable probability result would have been different if evidence was presented

Incompetency to Stand Trial - bar to trial, based on D’s mental condition at time of trial. Can try if D later regains competency

Question 29

Trial by Jury

Answer 29

No right to jury trial for petty offenses. Only serious offenses - those that authorize imprisonment for more than 6 month

Must be at least 6 jurors and jury verdicts must be unanimous

Question 30

Right to Confront Witnesses

Answer 30

6A grants right to a D in criminal prosecution to confront adverse witnesses.

Face to face confrontation not required if to serve an important purpose

• If two persons are tried together and one gave a confession implicating the other, the right of confrontation prohibits use of that statement, even where confession interlocks with D’s own confession, which is admitted. UNLESS: all portions referring to D can be eliminated, confessing D takes stand for cross-exam, OR confession being used to rebut D’s claim that confession was obtained coercively
• Prior testimonial evidence inadmissible unless 1) declarant unavailable, AND 2) D had opportunity to cross-exam declarant when statement was made

Question 31

Judge’s obligations w/r/t D’s Plea

Answer 31

Judge must determine that plea is voluntary and intelligent by addressing D personally in open court on the record. Must ensure D knows and understands:

• nature of charge and crucial elements of charge
• max possible penalty and any mandatory minimum
• D has right not to plead guilty and if they do plead guilty they waive right to jury trial

Judge does not have to accept plea bargain

A guilty plea conviction may be used as a conviction in other proceedings when relevant, but does not admit legality of incriminating evidence or waive 4A claims in civil damages action