crim pro

Question 1

When can a warrant exclude evidence

Answer 1

when police acted in bad faith to get the warrant

Question 2

what is seizure of police

Answer 2

meaningful intereference with a possessory interest

when people interact with a person such that the reasonable person believes they are not free to leave

Question 3

what is search

Answer 3

when police seek to find evidence and either

1. physically trespass on one’s person, papers, home, or effects
   or 2. intrude upon one’s reasonable expectation of privacy

Question 4

REP requires

Answer 4

that D has subjective expectation of privacy via making an effort to shield from public AND that the excepectation of privacy is objectively reasonable b.c society is willing to recognize it

Question 5

What are some things without an REP

Answer 5

handwriting examples based on writing shared with 3P

• voice exemplars
• bank records
• header infor on email sent through ISP
• conversation with a snitch
• trespass onto open fields
• garbage discarded for collection

Question 6

When use of animals becomes a search…

when use of sensory enhancements become a search…

Answer 6

when a dog is brought onto ones property to smell for things

when police enter land to use the things OR when something allows them to “see through walls of the home”

Question 7

warrant allows police to…

Answer 7

search suspected place for contraband,

police have implicit authority to search suspects home to execute arrest if…

1. police have reason to believe suspect is home
2. suspect refuses to respond to police at door

Question 8

if an item is not listed in a warrant, police may seize if..

Answer 8

they observe it and what they see smell or feel provide prob cause that it is contraband

Must have incriminating character that is easily apparent, and lawful right to access that object (unless plainview exception applies)

Question 9

to invalidate a warrant…

Answer 9

D must prove:
1. warrant not based on prob cause
2. magistrate was not neutral and detatched
3. warrant failed in particularity
4. affadavit supporting was so defective a rookie would realize
4A. affadavit offers no objective support
4B. information is obviously stale
4C.

Question 10

Terry stop and frisk

Answer 10

if P has a reasonable articulatable suspicion

Question 11

14 A confession protection

Answer 11

a confession violates 14A due process when:

1. Police subjected D to coercive conduct, and
2. the conduct overcame the will of the suspect

Question 12

6A right to counsel

Answer 12

attaches when D has proceedings have begun - when D is formally charged via indictment, arraignment, prelim hearing

Question 13

Once 6A right to counsel attaches

Answer 13

any attempts to deliberately elicit an incriminating statement about the offense charged with are not valid if:

its not in the presence of counsel, or if D did not voluntarily knowingly and intelligently waive counsel

Question 14

5A counsel and right to remain silent

Answer 14

Key phrase is “an in-custody interrogation”

Question 15

custody

Answer 15

formal arrest or restraint on freedom of movement so much that one objectively believes they cannot leave

Question 16

interrogation

Answer 16

questioning by LEO that police should know are reasonably likely to lead to an incriminating response

Question 17

A valid Miranda invocation

Answer 17

must be explicit, unambiguous, and unequivocal - “I think I need a lawyer” is not enough

interrogation must stop until counsel is present

Question 18

if a violation of miranda occurs

Answer 18

statements are excluded from P’s case-in-chief

Question 19

automobile exception

Answer 19

4A does not require police to obtain a warrant to search a vehicle if they have PC and believe it contains contraband or evidence of criminal activity

Question 20

questioning in prison

Answer 20

consider language used to begin questioning

police may reopen right to counsel post 14 days break in custody (including release back into gen pop)

Question 21

Blockburger test for double jepordy

Answer 21

each crime must require proof of an element that others do not for it to be a different offense

Question 22

public safety exception

Answer 22

police can engage in limited interro w.o miranda to protect public safety

Question 23

if suspect in custody initiates communication w/ police post invocation of right to counsel

Answer 23

statements may be admissible - statements that clearly communicate a willingness to talk

Question 24

how a sentance can be increased beyond statutory max

Answer 24

a prior conviction, and any fact used must be charged in an indictment, submitted to a jury, and established beyond a reasonable doubt

Question 25

How evidence can avoid fruit of poisonous tree

Answer 25

independent evidence - when evidence is obtained from a source independent of OG illegality

inevitable discovery- where evidence would have been discovered regardless of illegality

attenuation - where a confession comes from illegal detention or search from illegal entry, but distant enough from initial illegality that it is voluntary and not a 4A violation

factors:

Question 26

evidence from an unconstitutional investigatory stop when LEO learns of arrest warrant

Answer 26

valid

Question 27

suppressed evidence can be used…

Answer 27

for impeachment, or in grand jury proceeding.

not in case of chief, unless confession was coerced, immunized - then no admissible for any reason

Question 28

evidence obtained under reasonable reliance of the validity of a search warrant issued by a detatched and neutral magistrate…

Answer 28

is not subject to exclusionary rule

Question 29

two steps to determine if one is in custody

Answer 29

1. in light of objective circumstances, would a reasonable person think they could leave, considering
   - location of questioning, duration, statements made by police, presence or absence of physical restraints - objective determination of what reasonable person would believe

Question 30

probable cause from an informant

Answer 30

allowed if…

tip contains specific details AND reliability of details and the informant are confirmed before an arrest

Question 31

when warrantless in-home arrests are ok

Answer 31

1. when arrest outside home is thwarted because one goes inside
2. insuffient time to get a warrant because delay would allow suspect to evade arrest or destroy evidence
3. arresting officer is in hot pursuit

Question 32

Knock and announcing

Answer 32

does not automatically trigger exclusion

no need if exigent circumstances - reasonable suspicion that knocking and announcing is futile, dangerous, or may inhibit investigation

Question 33

definition of PC

Answer 33

that quantity of facts and circumstance within the officers knowledge that would warrant a reasonable person to conclude the indy in question has committed a crime (for arrest) or that specific items related to criminal activity can be found at a particular place (for a search)

Question 34

terry stop

Answer 34

articulatable reasonable suspicion that suspect is armed

sudden flight from high-crime area = RS

anonymous tip alone is inadequate - can be paired with police corraboration showing tip is reliable

Question 35

officers subjective intent intent in a stop

Answer 35

does not matter- officer can have improper basis for stop so long as it was supported by objectively reasonable belief of criminality