Crim Pro Flashcards
general essay organization approach
- identify remedy
- identify right
- identify violation
exclusionary rule: rule statement
The exclusionary rule will suppress evidence obtained in violation of a defendant’s rights under the (4th/5th/6th) Amendment, applicable to the states through the Fourteenth Amendment.
rule statement: exclusion of derivative evidence
Derivative evidence discovered as a result of the primary violation is also excluded as “fruit of the poisonous tree” unless an exception applies.
exceptions to fruit of the poisonous tree
- inevitable discovery
- independent source
- attenuation
- good faith reliance (on facially valid warrant or law later struck down)
in what situations does fruit of the poisonous tree not apply?
- isolated negligence by cops
- knock and announce violations
- witness’s in court identification
rule statement: fourth amendment
fourth amendment protects persons from unreasonable search and seizure by the government
three required elements of 4A claim
- governmental conduct / state action
- reasonable expectation of privacy
- standing
test for whether a person has been seized
would a reasonable innocent person feel free to decline the officer’s requests or end the encounter?
when is a police pursuit a seizure?
intentional use of force
when is a detention appropriate?
reasonable suspicion to investigate supported by articulable facts
must be brief and only long enough to verify or dispel suspicions
when is a frisk appropriate?
officer believes D is armed and may also frisk for weapons
what must an arrest be supported by?
probable cause at time of arrest
when can yo arrest someone at their home?
requires warrant supported by PC
when can you arrest someone in public?
warrantless arrest in public is valid if officer observed crime
if officer did not, warrant is required for misdemeanor, but not felony
when is traffic stop appropriate?
reasonable suspicion that a law was violated
if at border, random search w/o reasonable suspicion ok. if not, pursuant to standard (not random) and purpose is vehicle-related
requirements for warrant supported by PC
- description with particularity
- neutral and detached magistrate
- properly executed
exceptions for warrantless search
“ESCAPES”
1. exigent circumstances
2. search incident to arrest
3. consent
4. auto exception
5. plain view
6. evidence from admin search
7. stop and frisk
four questions to ask in confession fact pattern
- was D in custody?
- was D subject to interrogation?
- Were miranda warnings given?
- was there a waiver?
when must a confession be suppressed?
defendant was in custody and subject to interrogation but not given miranda warnings
however, so long as voluntary, can be used for impeachment (unless D unambiguously invoked right to silence or counsel)
standard required for arrest
probable cause
when is a person in custody?
- placed under formal arrest, or
- person’s freedom of movement is restrained to such a degree that a reasonable person would not feel free to terminate the encounter
when can police enter a third party’s home to legally execute an arrest warrant?
- search warrant
- exigent circumstances, or
- third party consent
when police seek issuance of an anticipatory search warrant, when is the probable cause requirement met?
- at the time of issuance, there is PC to believe the triggering condition will occur, and
- if condition does occur, fair probability that contraband or evidence of a crime will be found
general standard for school officials conducting a search of a student’s person
reasonable suspicion that student is violation / has violated the law or school rules
particular requirements for search conducted of student’s person pursuant to reasonable suspicion
search methods must be
1. reasonably related to the objective of the search, and
2. not excessively intrusive considering the student’s age, sex, and nature of infraction
standard for police search of individual who was passenger in a car for which cops have probable cause to believe contained evidence of a crime
cops must have probable cause to believe that evidence is on the passenger
when is a checkpoint to gather information about a specific crime reasonable?
- the primary purpose is to apprehend individuals other than the motorists,
- the stop significantly advances a public concern, and
- the checkpoint is tailored to fit important criminal investigatory needs and minimally interfere with 4A rights
how long does the obligation for police to honor the invocation of Miranda right to counsel last after release from custody?
terminates 14 days after release from custody
