Crim Pro Flashcards
Seizure
By means of (1) physical force, or (2) show of authority, a person’s freedom of movement is restrained.
Exceptions to search warrant
ESCAPES
E - Exigent circumstances
S - search incident to arrest
C - Consent
A - Automobiles
P - Plain view
E - Evidence obtained from administrative searches
S - Stop and Frisk
When is a warrant required for a search?
(1) government conduct violates a
(2) reasonable expectation of privacy
Need a warrant unless exception applies
Requirements for a valid search warrant
(1) issued by a neutral magistrate
(2) probable cause that items sought are fruits, instrumentalities, or evidence of crime
(3) property and place described with particularity
If invalid warrant, evidence excluded from prosecutor case in chief
Three types of seizures
1 - stop and frisk - terry stop: reasonable suspicion, based on articulable facts. Allowed to pat down for weapons, and if pat down reveals obvious other evidence, allowed.
2 - traffic stop - same as terry stop, but if a checkpoint, don’t need reasonable suspicion.
3 - arrest - need probable cause. can be with or without warrant
When can an arrest be made without a warrant?
(1) In public
(2) for crimes occuring in arresting officer’s presence
(3) if probable cause that D committed felony
If they did not witness, then can only arrest for a felony if probable cause. Cannot arrest for misdemeanor without warrant.
Inside a persons home ONLY IF exigent circumstances (hot pursuit - PC that D committed felony - or danger to others - or prevent destruction of evidence) OR if consent
Elements for arrest warrant
(1) neutral and detached magistrate
(2) - probable cause that named individual committed crime
(3) - name person and identify defense
Search incident to arrest
if arrest is lawful,
search of the person and immediate surrounding area to (1) protect officer from weapons or (2) prevent destruction or concealment of evidence.
Evidence can be used at trial
NOTE: in home, you can perform a protective sweep for people
This is different from a terry stop, because here an arrest occurs and officers have more liberty to search.
Open fields
Even if private property, cannot have a reasonable expectation of privacy for open fields
Limited expectation of privacy for cars
Warrantless search allowed incident to arrest if (1) arrestee is within reasonable distance from compartment and (2) inventory search of impounded vehicle.
Even without arrest, police can perform FULL search if probable cause that it contains contraband.
Third party consent
A third party can give consent for the defendant. But if defendant is present and rejects, officer does not have consent.
To apply, there must be (1) an agency relationship or (2) defendant assumes risk
Test to determine if ID procedure should be suppressed
(1) impermissibly suggestive
(2) substantial likelihood of misidentification
Prosecution can then try to prove that it was reliable
Knock and anounce
when executing a search or arrest warrant, police need to knock and say its the police.
Failure to do so does not result in exclusionary rule.
Exclusionary Rule
Evidence obtained in violation of the 4, 5, 6 amendment may not be introduced at trial to prove guilt (unless an exception applies)
Includes fruit of the poisonous tree - secondary evidence obtained only because of initial illegally obtained evidence
Exceptions to Exclusionary Rule
Inevitable discovery—in same condition through lawful means
o Independent source—unrelated to tainted evidence
o Attenuation—passage of time and/or intervening events may purge primary taint
o Good faith
o Isolated police negligence—not enough to trigger the exclusionary rule; must be sufficiently deliberate that exclusion can meaningfully deter it
o Knock and announce—exclusionary rule doesn’t apply when police fail to knock and announce their presence
o In-court ID—not fruit of an unlawful detention
Good faith exception to exclusionary rule
Applies if officer, in good faith, relies on (1) facially valid warrant later found to be invalid, or (2) existing law later found unconstitutional
does NOT apply if
1 - no reasonable officer would rely on affidavit of warrant
2 - warrant is facially defective
3 - warrant obtained by fraud (knowingly, intentionally, or recklessly)
4 - magistrate wholly abandoned judicial role; or
5 - warrant was improperly executed
Curtilage test
1 - proximity
2- whether it is enclosed
3 - nature of the uses
4 - steps taken to prevent observation
How can defendant show ineffective assistance of counsel?
(1) rep fell below objective standard of reasonableness
(2) prejudice - reasonable probability that the outcome would have been different
If based on conflict of interest, it can presumptively be prejudicial without showing that they are innocent.
Jury pool requirement
must be a reasonable cross section of community; but the final jury panel need not be
Right to remain silent - Miranda Warning
You have to affirmatively state that you will remain silent. Mere silence does not trigger the officer’s duty to stop questioning
Three exceptions to Miranda warnings
(1) public safety
(2) routine booking questions; and
(3) undercover police
