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Crim Pro > Crim Pro > Flashcards

Crim Pro Flashcards

1
Q

Search

A

Search

  • Actual, subjective expectation of privacy; and
  • Expectation of privacy was objectively reasonable

Katz

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2
Q

Stop

A
  • If TOC leads a reasonable person to believe they weren’t free to go
  • Cops don’t need to inform D they are free to go

Mendenhall

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3
Q

Encounters/Justifications

A
  • Consensual/None
  • Investigatory/RS
  • Arrest/PC
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4
Q

RS

A
  • Less than PC
  • More than hunch
  • Specific facts in TOC warrants intrusion
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5
Q

Weapon Frisk

A
  • Can search people/car if RS of weapon
  • Limited to find weapon
  • RS must first exist for original stop
  • Can seize other contraband if immediately apprent

Terry

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6
Q

Checkpoint Requirements

A
  • Cars are stopped randomly
  • Legitimate purpose
  • Limited stops
  • May require notice before checkpoint occurs
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7
Q

Warrant Requirements

A
  • PC - normally testimony under oath
  • With particularity
  • Neutral magistrate signs off
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8
Q

Warrant Particularity

A
  • Items: Reasonable specific at that time
  • Locations: specific enough to identify w/ reasonable effort
  • Digital items: Must be as descriptive as possible
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9
Q

Probable Cause

A
  • More than suspicion, less than required for conviction
  • TOC known by cops to reasonably suspect offense
  • May use inferences from training/experience
  • PC can be established w/collective police knowledge

Brinegar

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10
Q

Anticipatory Warrants

A
  • PC of evidence present if triggering event occurs
  • PC of the triggering event occurring
  • Accurate but innocent details add very little to PC
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11
Q

Reliability of Informant for PC

A

A/S: 2 prong review of affidavit
* How did informant know info
* How reliable is informant/info

Gates
* TOC
* A/S factors remain highly relevant

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12
Q

Informant Reliability Test

A
  • Prior information given to police previously
  • Citizen informant
  • Statement against interest
  • Independent investigation/corroboration

Utterback

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13
Q

Warrantless Search Requirements

A
  • Prosecution has BoP to show valid PC
  • Prosecution must show valid EC

Walker

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14
Q

Police Created EC

A
  • Reasonably foreseeable that police conduct would lead to EC; or
  • Police acted in bad faith

Walker

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15
Q

No Knock Raids

A
  • EC must include specified danger
  • If EC known in advance, get no-knock warrant
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16
Q

Consensual Searches

A
  • No RS needed if given voluntary consent
  • TOC to determine if free will was overborne
  • Police are not required to inform D of right to refuse

Schneckloth

17
Q

3rd Party Consent

A
  • Actual authority: Valid
  • Cotenant: Valid unless other cotentant rejects
  • Apparent authority: valid if cops reasonable to believe
  • Parents: Normally valid unless no access to room

Porter

18
Q

Arrest

A
  • Intent to arrest
  • Real or pretend authority
  • Accompanied by a seizure or detention
  • Understood by suspect

Bouldin

19
Q

Deadly Force

A
  • Suspect threatens with weapon
  • PC to believe D commited/threatened violent crime
  • Not valid if D is unarmed and non-dangerous

Garner

20
Q

Search Incident to Arrest

A
  • Scope: Person plus immediate vicinity
  • Personal items: Valid if immediately associated w/D
    House:
  • Areas close to D: No justification
  • Rest of house: RS needed
  • Protective sweep: Can search house - limited to persons endangering police

Chimel

21
Q

Curtilage

A
  • Area w/intimate activity associated with home and privacy

Test
* Proximity to home
* Included in enclosure around home
* Nature of use
* Steps taken to protect from entry/observation

Dunn

22
Q

Agency

A
  • 4th am only applies to state action

Test
* Police instigated, encouraged, or participated in search
* Indivdual engaged in search w/intent to aid police

Lambert

23
Q

Inventory Searches

A

For valid car search after arrest
* Lawful impoundment
* Valid (non-criminal) purpose
* Standard procedures

Gipson

24
Q

Types of Vehicle Searches

A
  • Inventory (Gipson)
  • Terry
  • Automobile exception (Acevedo)
  • SITA (Gant)
  • Consensual (Schneckloth)
25
Q

Vehicular SITA

A
  • Can search immediate area of control
  • May search passenger items/compartment

Gant

26
Q

Automobile Exception

A
  • No warrant needed, but PC is
  • Scope: Areas where PC could be found

Acevedo

27
Q

Standing

A

Must have legitimate expectation of privacy in place or items seized
* Not the person

28
Q

Negation of Confession

A
  • Physical abuse/deprivation
  • Police promises
  • Police lies
29
Q

RTC Sources

A
  • 5th am: RTC need to preserve RTS (Miranda)
  • Due process: RTC in first appeal is DP/EP
  • 6th am RTC: Critical stage of deprivation of liberty case after prosecution has commenced
30
Q

Miranda Flow

A
  • If D invokes rights, questioning stops
  • If D expressly waives rights, questioning can start
  • If silent or unclear, BoP on DA to show waiver
31
Q
A

Crim Pro (2 decks)

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