Crim Pro Flashcards
Arrest and Search Warrant Authority
A warrant to arrest an individual implicitly authorizes entry into the arrestee’s home to serve the warrant if the police have reason to believe that the arrestee is present.
A police officer may not arrest a person in another person’s home without a search warrant, however, absent exigent circumstances or valid consent from the person whose home is being entered.
Knock and Announce Warrant Exception
Knock and announce rule pertains to arresting someone in that person’s own home. Failure to knock and announce only invalidates the arrest. The interests protected by the knock-and-announce requirement do not include the shielding of potential evidence from discovery. Thus, it does not trigger the exclusionary rule.
Fifth Amendment Privilege of Self-Incrimination
The Fifth Amendment privilege against self-incrimination applies only to individuals, not to corporations and protects against compelled self-incrimination.
Additionally, the privilege applies only to testimonial evidence, not to voluntarily prepared business papers.
Further, the Fifth Amendment privilege extends only to evidence that might incriminate the defendant in future criminal proceedings, not civil.
The Sixth Amendment Right to Counsel
The Sixth Amendment right to counsel applies at all critical stages of a prosecution, after formal proceedings have begun. The right automatically attaches when formal judicial proceedings have begun, whether that be at a post-arrest initial appearance before a judicial officer, or by way of formal charge, preliminary hearing, indictment, information, or arraignment.
Grand Jury
The prosecutor has no legal obligation to present evidence exculpating the defendant to the grand jury, even if it is requested by the grand jurors. Thus, a grand jury indictment cannot be dismissed for the prosecutor’s failure to present exculpatory evidence, unless the prosecutor violated a preexisting constitutional or legislative rule.
Exculpatory evidence is evidence favorable to the defendant that is material to guilt or punishment. The evidence, by itself, need not prove that the defendant is not guilty.
Preemptory Challenges in Voir Dire
The Fourteenth Amendment Equal Protection Clause prohibits both the criminal defendant and the prosecutor from exercising peremptory challenges solely based on race or gender.
In order to determine whether a party exercised a peremptory challenge based on race, the U.S. Supreme Court has set forth a three-prong test.
1) the moving party must establish a prima facie case of discrimination. 2) the party who exercised the challenge must provide a race-neutral explanation for the strike. 3) If they succeed, the burden shifts back to the moving party to establish that the race-neutral explanation is only a pretext.
Ex Post Facto
Ex post facto laws criminalize acts that were not criminal when originally committed or imposes a more severe penalty after the act was committed.
GA: Eyewitness Identification
Failure to comply with statutorily prescribed procedures automatically results in suppression of the identification.
GA: Double Jeopardy
Prosecution is generally barred in Georgia state courts if the defendant was already prosecuted in federal court for the same conduct.
Sentence Enhancements
Sentence enhancements based on prior convictions do not need to be found by a jury.
Exceptions to the Exclusionary Rule
Inevitable Discovery
Attenuation of the Causal Chain
Independent Source Rule
Evidence Obtained w/out Miranda Warning
Any statement obtained as the result of a custodial interrogation may not be used against the suspect at a subsequent trial unless the police informed the suspect of his Miranda rights. However, the United States Supreme Court has ruled that derivative physical evidence (e.g., a gun) that has been obtained as a result of a voluntary, uncoerced confession that itself is inadmissible due to the failure by police to give Miranda warnings is admissible.
Double Jeopardy
The Fifth Amendment Double Jeopardy Clause protects against a second prosecution for the same offense. Generally, if a mistrial is declared because of a hung jury, then the defendant may be retried.
Terry Stop and Frisk of a Car: Limits on Time, Place, and Investigative Method
When police lawfully detain a driver for a traffic stop, the stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop. Police may not prolong detention of a car and driver beyond the time reasonably necessary to address the traffic violation, absent reasonable suspicion.
Fourth Amendment Violation
To have a Fourth Amendment violation, there must be governmental conduct (state action) and a violation of the defendant’s reasonable expectation of privacy.
