Crim Pro Flashcards
What does the 4th Amendment state regarding the reasonableness of a traffic stop?
The constitutional reasonableness of a traffic stop does not depend on the motivation of the officer or the petty nature of the offense charged, as long as state law permits arrest.
What is required for a search of the accused under the 4th Amendment?
A search requires a warrant, unless a lawful exception applies.
What is the ‘Plain View’ exception?
No warrant is required if the item is in plain view and the police officer had a right to be there.
What is the ‘Automobile’ exception?
No warrant is required if there is probable cause for contraband in the automobile; police may search anywhere in the automobile where contraband may be found.
What is the ‘Inventory Search’ exception?
No warrant is required if the police are conducting an inventory search of an arrestee when booked pursuant to established department procedures.
Under the 14th Amendment, what must be assessed regarding confessions?
The inquiry is whether the confession was voluntary and not coerced, looking at the totality of the circumstances.
What are Miranda warnings?
Miranda warnings inform a suspect of the right to counsel and the right to remain silent before custodial interrogation.
What does ‘custody’ mean in the context of the 5th Amendment?
A defendant is in custody if she is not free to leave or reasonably doesn’t feel free to leave.
What constitutes ‘interrogation’?
Interrogation is any statement or conduct reasonably likely to elicit an incriminating response from the accused.
What must a Miranda waiver be?
A Miranda waiver must be knowing and voluntary.
What is required for invocation of the right to counsel?
Invocation requires a statement that can reasonably be construed as a desire for the assistance of an attorney.
What happens if a suspect makes an ambiguous request for counsel?
Questioning does not need to cease; an ambiguous request is one that a reasonable officer would understand only as possibly invoking the right to counsel.
What occurs after a suspect unambiguously requests an attorney?
Police must cease interrogation and honor the request for counsel.
What is the time frame for reinitiating questioning after invoking the right to counsel?
Law enforcement may reinitiate questioning after 14 days if new Miranda warnings are given and a valid waiver is executed.
What distinguishes Miranda custody from incarceration?
There are vast differences between Miranda custody and incarceration pursuant to conviction.
What is required for an assertion of the right to silence?
It must be unambiguous; questioning may only be reinitiated after a reasonable time and only on a separate crime.
What happens if a suspect who invoked the right to counsel initiates communication post-invocation?
Subsequent statements may be admissible if they indicate a willingness to speak to the police.
What does the expiration of Miranda rights entail after 14 days?
The obligation to honor an invocation of the Miranda right to counsel terminates after 14 days if the suspect is released.
What evidence is inadmissible in prosecution’s case in chief?
Evidence obtained in violation of the 5th Amendment privilege against self-incrimination and the 6th Amendment right to counsel.
What is the Double Jeopardy Clause under the Fifth Amendment?
A person shall not be twice put in jeopardy for the same offense.
What must the prosecution prove under the Due Process Clause?
The prosecution must prove all elements of an offense beyond a reasonable doubt.
What constitutes a violation of the Due Process Clause regarding jury instructions?
A jury instruction violates the Due Process Clause if it creates an irrebuttable conclusive presumption or a rebuttable mandatory presumption.
What did Apprendi v. New Jersey establish regarding the right to a jury trial?
Any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.
What is the right to counsel under the 6th Amendment?
There is a right to counsel after the initiation of adversary judicial proceedings.
What constitutes ineffective assistance of counsel under the 6th Amendment?
Counsel was ineffective when performance was deficient and there is a reasonable probability that the trial’s outcome would have been different absent the deficient performance.
