Crim Pro

Question 1

What are the 4 questions relevant to a 4th amendment search and seizure analysis?

Answer 1

1) Did the police or government official engage in a search, seizure, or arrest?
2) Was a warrant required?
3) Is there a warrant exception?
4) Does the search violate the constitution?

Question 2

What is considered a search?

Answer 2

The actions must implicate a protected privacy or property interest for the persons body, words, home or temporary residence, papers, personal property. And the actions must significantly intrude on the expectation of privacy.

Question 3

What is a seizure?

Answer 3

All government searches must have a warrant or an exception tot he warrant requirement. Something or someone is seized when a reasonable person would believe they are not free to leave or exercise control or is deprived of liberty for longer than a temporary moment.

Question 4

Explain the Fruit of the Poisonous Tree Doctrine

Answer 4

Any evidence found as a result of an illegal search and seizure is also deemed tainted and cannot be used as evidence against the defendant.

Question 5

What are the warrant requirement exceptions?

Answer 5

Automobiles, Searches incident to arrest, vehicle search during detainment, plain view exception, exigent circumstances, consent, parole and probation

Question 6

Automobile exception

Answer 6

If an officer has probable cause to believe evidence is inside a working vehicle, it may be searched and seized, including inside the trunk and locked containers. applies to anything that could drive away.

Question 7

Search Incident to Arrest

Answer 7

officer’s may search an arrestees vehicle prior to towing as an inventory search as well searching the person or their bags.

Question 8

Search During Vehicle Detainment

Answer 8

Officer’s may perform a safety search when detaining a vehicle by searching the passenger compartment and containers

Question 9

Plain View exception

Answer 9

If contraband is in plain view and officer may seize those items.

Question 10

Exigent circumstances

Answer 10

Hot pursuit; an officer may enter property when in hot pursuit of a suspect.
Protection of evidence; if there is a reasonable belief that evidence will be destroyed an officer may seize the evidence
Emergency Aid

Question 11

Parole and Probation

Answer 11

Individuals on parole and probation have a limited expectation of privacy. Parolee’s are considered in state custody.

Question 12

When can an officer affect an arrest?

Answer 12

An officer may arrest a suspect in public if they have reasonable cause to believe that a crime was committed. Warrants are required to enter a persons home and the officer must have reasonable basis for believing the suspect is at home.

Question 13

Terry Stop

Answer 13

An officer must have reasonable suspicion that illegal activity is being committed or will be committed. The suspect may be detained for a brief questioning and if there is reasonable suspicion they may be armed, the officer may perform a stop and frisk.

Question 14

Who may challenge an unlawful search?

Answer 14

Only the person who has their constitutional rights violated may exclude the fruits of an unlawful search. Commercial visitors have no expectation of privacy. Neither do the passengers of cars. Hotel rooms are considered valid extensions of privacy.

Question 15

Independent Source Exception

Answer 15

If evidence obtained through an unlawful search was also discovered through an independent source that was lawful, that evidence may be submitted.

Question 16

Inevitable Discovery Exception

Answer 16

If the evidence would have inevitably been discovered not withstanding the violation of the 4th amendment.

Question 17

Good Faith

Answer 17

If evidence was discovered executing a facially valid warrant that later was found to be invalid, it is exempt from exclusion. Extends to mistakes in fact from trustworthy sources. Remember the purpose of exclusion is to protect a right and if the circumstances do not suggest an intentional violation the evidence will not be excluded.

Question 18

What is the 5th amendment?

Answer 18

The 5th amendment can be invoked anywhere in a criminal case to avoid giving testimony that may implicate oneself in a crime. To invoke the privilege there must be
1) self-incriminating testimony with respects to a criminal case present of future
2) some threat or compulsion by a government agent
3) statement must be testimonial
Does not prevent independent sources from introducing the evidence

Question 19

Custodial Interrogation

Answer 19

Custodial interrogation refers to the questioning of a detained person by the police in connection with a criminal investigation. A person qualifies as detained not only when under arrest, but also whenever they are not free to leave for other reasons. S custodial interrogation cannot occur unless the detainer warns the detained person of their Miranda rights. Any statements made by a detained person who was not warned of their Miranda rights are inadmissible in court.

Question 20

Miranda Requirements

Answer 20

1) right to remain silent
2) right to assistance by council during questioning
3) right to court assistance in obtaining council

If invoked officers must cease questioning and any answers given after invoking will be excluded. The right to council holds until custody ends and then for 14 days after. The right to silence can later be withdrawn by the suspect by speaking to officers. Miranda must be unambiguously waived in an intelligent and knowing way.

Question 21

6th Amendment Right to Council

Answer 21

Only applies at critical stages of a criminal case usually after the initial court appearance. The 6th protects anyone who has been charged, released, then deliberately rearrested. Any charge that carries a 90 day jail time guarantees the right to an attorney. Council must be reasonably competent and cannot prejudice the defendant.

Question 22

Right to a fair trial

Answer 22

If the statutory maximum sentence exceeds 6 months then the right to an impartial jury vests.

Question 23

Discriminatory Jury Practices

Answer 23

Preemptory strikes: must actually display bias to exclude jurors, once a non-racial reason is given to strike a juror its up to the other party to demonstrate the strike is racially morivated

Question 24

Confrontation Clause

Answer 24

Prohibits the prosecution from introducing testimonial hearsay unless the out-of-court declarant was subject to cross-examination. Defendant also has the right to be present, the right to appear as if not in custody.

Question 25

Testimonial Hearsay

Answer 25

Statements made to police in preparation for prosecution. Statements made seeking medical aid or to resolve an emergency are not testimonial.

Question 26

Pre-Trial Hearings

Answer 26

A defendant in custody requires a hearing within 48 hours or the government has to prove the necessity of the extension.

Question 27

Grand Jury

Answer 27

Grand Jury must demonstrate probable cause to move forward in the criminal process. Since this isn’t yet a trial, failing to carry this burden does not trigger double jeopardy.

Question 28

Bail

Answer 28

Bail must not be excessive and should be granted unless there is clear and convincing evidence that defendant posses a danger.

Question 29

Double Jeopardy

Answer 29

Once a petit jury is sworn in or in a bench trial when the first witness is sworn in, the defendant can no longer be prosecuted on the same cause. Only applies to prosecutions by the same sovereign.

Question 30

Collateral Estoppel

Answer 30

If a judge or jury specifically acquitted on factual grounds at the first trial, the government may not prosecute a different event whose conviction would be inconsistent with the outcome of the first trial.

Question 31

Brady Rule

Answer 31

Failure by the prosecution to disclose exculpatory evidence to the defense