Crim Pro Flashcards
Police Checkpoints
Valid stop so long as:
1. Conducted in non-discriminatory manner, and
2. Purpose of checkpoint is closely related to issue affecting automobiles
Seizures of Person
TAPS
- Traffic stop
- Arrest
- Police checkpoint
- Stop & Frisk
4th Amendment Search Rule Statement
A search occurs when government conduct violates a D’s reasonable expectation of privacy.
Search Warrant Requirements
A valid warrant must:
1. Be based on probable cause
2. Issued by a detached and neutral magistrate, and
3. Describe with particuality the people and places to be searched and items to be seized
Exclusionary Rule Exceptions
Go In Any Time
- Good faith reliance on defective warrant
- Inevitable discovery through lawful means
- An independent source
- Passage of time
Exceptions to Warrant Requirement
- Exigent Circumstances
- Search incident to arrest
- Consent
- Automobile exception
- Plain view
- Evidence from administrative search
- Stop & frisk
Exigent Circumstances Exception
Exigent circumstances can exist if there is a hot pursuit, reasonable apprehension that evidence would be destroyed, or police or public safety.
Use totality of the circumstances to determine if exigent circumstances exist
Does not include if police created the circumstances
Search Incident to Lawful Arrest
- Lawful arrest - must be based on probable cause
- Scope of search - arrestee and his immediate surrounding area
Stop & Frisk Warrant Exception
Stop - officer must have reasonable suspicion the person is engaged in criminal activity
Frisk - officer can seize an object whose identity is immediately apparent as contraband
Consent Warrant Exception
Consent must be voluntary and search must be within the scope of consent
Automobile Exception
Police can search any part of D’s car if they have probable cause to believe it contains contraband or evidence of a crime
Plain View Exception
Officers do not need a warrant to seize evidence in plain view if the police are lawfully in the location and the criminal nature of the item is immediately apparent
5th Amendment Rule Statement
Statements made as a result of a custodial interrogation are inadmissible unless accompanied by a Miranda warning.
Custodial
Rule + Test
A person is in custody if they reasonable believe they are not free to leave or are otherwise deprived of their freedom in a signficant way.
Test - would a reasonable person believe that they were free to leave?
Interrogation
A person is subject to interrogation if the police engage in any conduct that is likely to elicit a response, whether incriminating or not.
Statements obtained from Miranda violation
Statements - inadmissible except to impeach
If statement leads to physical evidence - admissible
6th Amendment Right to Counsel
The 6th Amendment guarantees a right to counsel for a criminal D at all critical stages, attaching at indictment, information, or formal charges.
ONLY attaches for a specific charge
Applies to all felonies and misdemeanors in which jail time or suspended jail sentence is imposed
Photo Arrays
Neither D nor D’s lawyer has right to be present BUT photos must be turned over to D
Line Up Evidence
A line up that was impermissibly suggestive will be suppressed at trial
Exclusionary Rule
Illegally obtained evidence is inadmissible at a criminal trial and evidence obtained as a result of the violation are fruits of the poisonous tree.
Jury Challenges - 2
- For Cause - unlimited number
- Peremptory - can be made for any reason except race or sex
Confrontation Clause
A D has a right to confront the witnesses against him.
If a statement is testimonial, the 6th Amendment bars admission if:
1. Declarant is unavailable, and
2. D had no prior opportunity to cross-examine witness
Ineffective Assistance of Counsel - Strickland Test
- Performance of counsel - reasonable conduct?
- Prejudice - reasonable probability that had counsel performed effectively, the result would have been different
If ineffective assistance –> D’s conviction must be reversed
Blockburger Test
Ask whether each statutory provision requires proof of an element that the other does not
Apprendi Doctrine
The 6th Amendment prohibits judges from increasing criminal sentences beyond the statutory maximums based on facts other than those decided by the jury beyond a reasonable doubt
Competence to Stand Trial
Test - whether D comprehends the nature of the proceedings against him and can assist in his defense
Guilty Pleas
Judge must ensure that D is aware of:
1. Nature and essential elements of the charged offense
2. Maximum and any mandatory minimum sentence that can be imposed after a guilty plea, AND
3. Constitutional rights to be waived
