Crim Pro Flashcards
1
Q
Constitutional Amendments - Overview
A
- 4A - Unreasonable search and seizure
- 5A - Compulsory self-incrimination; double jeopardy
- 6A - Speedy trial; trial by jury; confront witnesses; assistance of counsel
- 8A - Cruel and unusual punishment; prisoner rights
2
Q
Seizures - Definition
A
Any exercise of control by a government agent over a person or thing
3
Q
S&S - Persons - Arrests
A
- Probable cause required for arrest
(a) A reasonably prudent person would believe that a suspect has committed or is committing a crime - Warrant requirements:
(a) Arrests in public - NO
(b) Non-emergency arrests in home - YES - Station house detention - Probable cause required to compel you to come to the station for (1) fingerprinting, OR (2) interrogation
- Effect of invalid arrest - NO IMPACT on its own
4
Q
S&S - Persons - Investigatory Detentions
A
- Terry Stops - Briefly detain a person
(a) Requirement - Reasonable suspicion supported by articulable facts of criminal activity - Reasonable suspicion - > vague suspicion; < probably cause (depends on ~totality of circumstances~)
- ** If reasonable suspicion based on informant tip, must be an ~indicia of reliability~
5
Q
S&S - Persons - Automobile Stops
A
- Requirement - Reasonable suspicion that a law has been violated
- Ulterior motives irrelevant
- Dog sniff =/ search, as long as doesn’t extend beyond time needed to issue ticket/conduct normal inquiries
(a) BUT sniff alert can be probable cause for a search
(b) BUT can’t use dog outside a home - Checkpoint roadblocks - OK if for purposes other than seeking incriminating information
(a) DUI/border crossings OK IF neutrally applied
6
Q
S&S - Evidence - Standing/REOP
A
- Def yes:
(a) You own premises searched
(b) You live on premises searched
(c) Overnight guests in premises searched - Ppl who own property seized there? - Only if REOP in the item or area searched
- Def no:
(a) Sound of your voice
(b) Style of your handwriting
(c) Paint on car
(d) Account records held by bank
(e) Location of car on public streets/driveway
(f) Anything that can be seen across the open fields
(g) Anything that can be seen from flying over the public air space
(h) Odors emanating from luggage/car
(i) Garbage set out on curb for collection
7
Q
S&S - Evidence - Warrants
A
- Warrant requirements: (1) Probable cause, AND (2) Particularity
(a) PC - Fair probability that contraband/evidence of crime will be found
(b) Particularity - State with particularity the place to be searched and the things to be seized - Use of informants:
(a) Sufficiency is determined by totality of the circumstances
(b) Informant’s credibility and basis of knowledge are relevant
(c) Warrant can be based ~in part~, but NOT entirely, on anonymous tip - Execution:
(a) Must be by police, NOT private citizens
(b) Police can’t be accompanied by any third parties EXCEPT those identifying stolen parties
8
Q
S&S - Warrant Exceptions - Search Incident to Arrest
A
- Requirements:
(1) Arrest must be lawful
(2) Arrest and search must be contemporaneous in time and place - Scope:
(a) Person and area within the person’s wingspan
(b) Can search interior of auto ONLY OF: (1) Arrestee is unsecured, OR (2) Reasonable belief evidence of the offense for which the person was arrested may be found in the auto
9
Q
S&S Warrant Exceptions - Automobile
A
- Requires probable cause BEFORE searching anything/anybody
(a) But CAN arise after the car is stopped - Can search the entire care, including opening containers which could reasonably contain the item they had probable cause to look for
10
Q
S&S Warrant Exceptions - Plain View
A
- Requirements:
(1) Police must be legitimately present at location, AND
(2) Must be immediately apparent that the item is contraband or fruit of a crime
11
Q
S&S - Warrant Exceptions - Consent
A
- Must be voluntary
- Third party consent - 2 ppl have equal right to property, either can consent
(a) BUT - If one objects, no consent
(b) If objecting occupant is removed for a reason unrelated to objection, can get consent from other
(c) Anyone w apparent authority can consent
12
Q
S&S - Warrant Exceptions - Stop and Frist
A
- Terry stop = brief detention for purpose of investigating suspicious conduct
(a) Requires reasonable suspicion - Frisk = pat down of outer clothing and body to check for weapons
- If probable cause arises during stop, detention becomes arrest; full search incident to arrest then allowed.
- Auto stops - If police reasonably believes occupant may be armed, may (1) conduct a frisk, and (2) search the vehicle, limited to areas where a weapon may be
13
Q
S&S - Warrant Exceptions - Evanescent Evidence
A
- Evidence might disappear quickly if took time to get a warrant (e.g. scraping under fingernails)
- BUT - Need a warrant to blood sample for DUI arrest
14
Q
S&S - Warrant Exceptions - Hot Pursuit
A
- If police within 15 minutes behind fleeing felon
* If in pursuit, can enter anyone’s home w/o warrant, and any evidence in plain view is admissible
15
Q
S&S - Warrant Exceptions - Public School Searches
A
- Kids engaged in extracurricular activities can be randomly drug tested
- Can w/o warrant search purses/backpacks to investigate violations of school rules
- Reasonable search if:
(1) Offers a ~moderate chance~ of finding evidence of wrongdoing;
(2) Measures are reasonably related to objectives of the search; AND
(3) Search is not excessively intrusive
