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Crim Pro Flashcards

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1
Q

4th Amendment rights

A

-Prohibition on unreasonable searches and seizures
-Exclusionary rule

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2
Q

5th Amendment rights include

A

-No self-incrimination
-No double jeopardy
-Miranda rights
-RtC before crim proceedings begin

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3
Q

6th Amendment rights

A

-Speedy trial
-Public trial
-Trial by jury (crim/civil)
-Confrontation of witnesses
-RtC after crim proceedings begin

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4
Q

8th Amendment rights include

A

-No cruel and unusual punishment
-No excessive fines

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5
Q

A seizure is

A

any exercise of control by governmental agent over a person or thing

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6
Q

Determining that a seizure occurred requires finding

A

under the totality of the circumstances, a reasonable person would feel they are not free to decline the officer’s request or leave

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7
Q

An arrest must be based on

A

Probable cause

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8
Q

Probable cause is

A

based on the totality of the circumstances, a reasonable person would believe that a crime is being/has been committed

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9
Q

Terry Stop requires

Terry Frisk requires

A

Articulable facts supporting:

Stop - reasonable suspicion of criminal activity

Frisk - reasonable suspicion that the individual is armed and dangerous

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10
Q

Whether an officer had requisite suspicion to support a Terry Stop is judged based on

A

Totality of the circumstances

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11
Q

Reasonable suspicion is

A

More than vague suspicion, but less than probable cause

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12
Q

Reasonable suspicion can be based on an informants tip if

A

There is an indicia of reliability

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13
Q

To comport with durational limits of a Terry stop, the police must

A

act diligently and reasonably to confirm or dispel their suspicions

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14
Q

During a Terry stop, the police may ask _____ and may ____ if they refuse to respond

A

the person to identify themselves

arrest them

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15
Q

A detention becomes an arrest if

A

PC arises OR if the police exert sufficient control

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16
Q

The police can stop a car if

A

they have reasonable suspicion that a law has been violated

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17
Q

A dog sniff around a car ____ a search _____

A

is NOT

so long as it occurs during the stop and the stop is not extended beyond the time necessary to conclude the interaction

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18
Q

The effect of a police officer’s good faith mistake of law on a seizure

A

It does not invalidate the seizure as long as it was reasonable

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19
Q

An automobile stop constitutes a stop of _____ meaning ____

A

ALL occupants

They have standing to assert a violation of their 4th A by unreasonable seizure

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20
Q

A checkpoint is allowed if guided by:

A

-a neutral, articulable standard
-closely related to a special law enforcement need relating to vehicles

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21
Q

Police may in the interest of safety, order occupants out of a vehicle and frisk if ____

A

Frisk - if they reasonably believe the occupants are armed

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22
Q

Pretextual stops are _____

A

allowed so long as there is at least reasonable suspicion to believe a law has been violated

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23
Q

Detentions to obtain a warrant are ____ if ____

A

Valid

The officer has reasonable suspicion there are drugs hidden in the home (valid to preserve evidence)

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24
Q

The use of deadly force is a _____ warranted under the 4th Amendment only _____

A

seizure

where reasonable to do so under the circumstances

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25
Q

The 4th Amendment only protects against ____ conduct

A

Unreasonable Governmental

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26
Q

The 4th A is implicated by a search and seizure if either

A
  1. A governmental agent searches/seizes an area where the individual had a reasonable expectation of privacy
    OR
  2. Physical intrusion by the government into a constitutionally protected area to obtain info
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27
Q

To have standing to object to a search at a residence, a person must

A

-Own or have a right to possession of the place
-be in their home (whether they own)
-be an overnight guest of the owner of the place

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28
Q

If a person has no interest in the place of seizure but does have an interest in the property, a person has standing to challenge under 4th A rights if

A

They had a reasonable expectation in the item or area searched

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29
Q

There is no right to privacy in

A

things held out to the public (voice, handwriting, paint on outside of car, account records from a bank, open fields, airspace, odors, garbage on the curb)

30
Q

To be facially valid, a warrant must be

A

Supported by probable Cause to believe seizable evidence will be found
AND
Particularity about place to be searched/items to be seized
AND
Issued by a neutral and detached magistrate

31
Q

A warrant to search authorizes police to _____ nonsuspects but not to _____

A

detain

search them unless there is pc

32
Q

Exceptions to the Warrant Req

A

Well Erica: Space Ass Can Seem Super Plain, But Clap Cheeks
-SITA
-Automobile Exception
-Consent
-Stop and frisk
-Spoliation of Evidence
-Plain View
-Border searches
-Convos
-Conscience

33
Q

SITA is valid if

A

Contemporaneous to a constitutional arrest

34
Q

Scope of a SITA (in general)

A

Must be incident to a constitutional arrest and contemporaneous to arrest

Scope includes:
-The person of the arrestee
-Anywhere within their reach
-Areas they could obtain weapons or destroy evidence
-And a premises sweep if accomplices are present

Search is proper even if the suspect is secured

35
Q

Scope of a SITA involving an autombile

A

A search of the passenger compartment is allowed IF
1. The arrestee is unsecured (not handcuffed/in the car)
OR
2. The police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle

36
Q

An inventory search incident to arrest is allowed if

A

Pursuant to an established department procedure

37
Q

The Automobile Exception to the Warrant Req allows a search if

A

The police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime

38
Q

The scope of a search pursuant to the automobile exception to the warrant requirement is

A

Anywhere in the vehicle, including any containers or passenger’s belonging, so long as the area might reasonably contain the item for which they had probable cause to search

39
Q

The Plain View exception to the warrant requirement allows a warrantless seizure if

A

-The officer is legitimately on the premises
-Evidence of crime or contraband is in plain view
-It is immediately apparent that the item is evidence

40
Q

Consent allows a warrantless search if

A

Any person with apparent equal right to use or occupy the property gives consent UNLESS a co-occupant is present and objects.

41
Q

Stop and Frisk (Terry Stop) allows a warrantless search if

A

The stop is supported if there is articulable and reasonable suspicion of criminal activity and a search is of the outer garments is supported if there is articulable reasonable suspicion that the suspect is armed

42
Q

The plain feel doctrine allows

A

An officer to reach into a suspect’s clothing if the officer reasonably believes, based on plain feel alone, that there is a weapon or contraband

43
Q

An automobile stop can turn into a terry stop if

A

there is reasonable belief that a person in the car is armed and dangerous, allowing search of the suspected person and the vehicle (limited to where the weapon could be)

44
Q

Concern for spoliation of evidence allows a warrantless search if

A

Evidence could disappear before a warrant is obtained

45
Q

Hot pursuit justifies a warrantless search if

A

The police are in hot pursuit of a fleeing felon (typically within 15 minutes)

46
Q

A search in a public school

A

Doesn’t require a warrant or probable cause, it only requires reasonable suspicion and

-moderate chance of finding evidence of wrongdoing
-methods of search are reasonably related to the purpose of the search
-search is not excessively intrusive

47
Q

Border searches are valid without a warrant if

A

An officer reasonably suspects that a vehicle contains undocumented aliens

48
Q

Wiretapping requires a warrant and can be issued if

A
  1. There is PC
  2. The suspects are named
  3. The conversations are described with particularity
  4. The tap is for a limited time
  5. The tap is terminated when the desired info has been obtained
  6. The court is informed what was recorded
49
Q

A warrant is required for a wiretap, but a speaker assumes risk that

A

the person they are talking to has allowed the government to listen or is wired for sound. There is no 4th Amendment claim if they make no attempt to keep a conversation private.

50
Q

The catchall for warrantless searches states

A

That any evidence obtained in a manner that shocks the conscience is inadmissible

51
Q

For a confession to be admissible under the 14th A it must be

A

Voluntary as determined by the totality of the circumstances. It is not involuntary if there is some official compulsion.

52
Q

Admission of an involuntary confession may not warrant overturning the conviction if

A

It was harmless error

53
Q

The 6th Amendment right to counsel requires counsel at

A

all critical stages after judicial proceedings have begun

54
Q

Unlike the 5th Amendment right to counsel, the 6th is

A

Offense specific and does not apply until after formal proceedings begin

55
Q

The 6th Amendment right to counsel can

A

be knowingly and voluntarily waived. Counsel doesn’t have to be present for the waiver UNLESS counsel has been requested.

56
Q

The failure to provide counsel at trial results in

A

an automatic reversal of the conviction

57
Q

The 5th Amendment Miranda rights are triggered by

A

Custody and interrogation

58
Q

Interrogation occurs

A
  1. Where a person is being interrogated by someone they know is a government agent
    AND
  2. The agent uses words or conduct likely to elicit incriminating responses
59
Q

Custody occurs if

A

A reasonable person would not feel free to terminate the interrogation
AND
(for Miranda purposes) if the environment is inherently coercive similar to a station house interrogation

60
Q

Invocation of right to remain silent must be ____ by the police

A

Scrupulously honored (can only be reinitiated after a substantial amount of time and a new Miranda warning)

61
Q

The invocation of right to counsel and the right to silence must be

A

explicit and unambiguous

62
Q

Once the right to counsel is asserted

A

All questioning must cease unless
-Detainee reinitiates questioning
-Detainee is released and reMirandized after 14 days

63
Q

Evidence obtained in violation of Miranda rights is

A

Generally inadmissible except for as impeachment

64
Q

A second properly warned confession is inadmissible if ____, may be admissible if ___

A

inadmissible if the violation was intentional to obtain information without providing Miranda warnings

May be admissible if it was not in bad faith

65
Q

Nontestimonial evidence obtained as a result of unmirandized questioning is

A

admissible unless the failure was purposeful

66
Q

An exception to the Miranda requirement exists if

A

there is a reasonable concern for public safety

67
Q

The 6th A RtC provides the right for certain identifications post charge

A

Line up - right to counsel
Photo array - no right

68
Q

A lineup violates due process if it is

A

Unnecessarily suggestive AND there is substantial likelihood of misidentification

69
Q

An identification may be admissible even where a lineup violated due process if

A

there is an independent source for the identification (like a witness from the scene of the crime)

70
Q

Examples of exceptions to the fruit of the poisonous tree:

A

-fruits of unmirandized statements
-independent source
-sufficient attenuation
-violations of the knock and announce rule
-good faith mistake

71
Q

A prosecutor has a duty to disclose evidence that is ____ when ____

A

-Evidence is favorable for def
-Reasonable probability the result would be different

72
Q

A codefendant’s confession implicating the other is inadmissible unless

A

-All parts referring to the other def can be eliminated
OR
-Confessing def takes the stand
OR
-Confession of nontestifying co-def is being used to rebut the def’s claim of a coerced confession

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