Crim Pro Flashcards
Statements made to officers during custodial interrogation
Any statement obtained in a custodial interrogation may not be used against a suspect in a criminal trial unless AFTER being read Miranda rights:
-suspect waives right to remain silent
-suspect waives right to counsel
If someone refuses to answer any questions, can the officers question them later?
The officers must scrupulously honor the invocation of the right to remain silent.
[add more later]
When is an identification procedure suggestive?
If it involves either the use of
-single suspect
-distracter/fillers who have very different appearance from suspect
Totality of circumstances
This suggests to the witness that the subject is the perpetrator.
Factors: may be unnecessarily suggestive if the police have adequate time to do a less suggestive line-up or photo array
When should an unnecessarily suggestive photo lineup be excluded from evidence?
When under the Due Process Clause, it results in an “unreliable” identification.
What is the effect of a warrantless search without an applicable exception?
The evidence seized should be suppressed.
What is the “plain view” exception of the warrant requirement?
An officer may seize without a warrant any
-contraband
-fruits of crime
-evidence of a crime
If: the evidentiary nature of the thing seized is readily apparent and the officer so determines from a lawful vantage point.
Is there a reasonable expectation of privacy within the curtilage of the home?
Yes, as such it is constitutionally protected by the Fourth Amendment and police must obtain a warrant prior to conducting a search.
What is the effect of violating a plain view doctrine?
The evidence should eb suppressed
What is the automobile exception to the 4th amendment’s warrant requirement?
If the officers had probable cause to believe that the car contained fruits, instrumentalities or evidence of a crime, they could search without a warrant any part of the car where such fruits, instrumentalities, or evidence could be hidden.
Under the totality of the circumstances
Can a co-conspirator’s out of court statement be admissible in trial?
No, it is hearsay. (Check if testimonial)
It also violates the defendant’s 6th amendment right to confront and cross-examine the state’s witnesses.
In capital cases and those necessarily punishable by imprisonment at hard labor, how many challenges does the state and defendant wach receive?
12 peremptory challenges. In all other cases, the state and defendant each receives 6.
When pay a defendant object to destruction of evidence as prejudicial?
The stae possessed the evidence and it was apparently exculpatory before it was destroyed and the defendant would not be able to obtain comaparble evidence by other reasonably available means.
When can a defendant not plead guilty in a capital case?
When the district attorney has not removed the possibility of the death penalty.
What is the standard for temporary detention of a person for questioning?
Reasonable cause to suspect
Unless a search warrant expressly directs, a search and seizure cannot be executed
During the nighttime or on a Sunday
