Crim Pro Basics Flashcards
Crim Pro - Summary of Issues
- Fourth Amendment
- Fifth Amendment
- Sixth Amendment
- Due Process Clause, Fifth and Fourteenth Amendment
- Additional Issues
Fourth Amendment - Testable Components
The Fourth Amendment prohibits unreasonable searches and seizures. In order to assert a Fourth Amendment violation, a defendant must demonstrate
(i) government conduct, and
(ii) a reasonable expectation of privacy
- Government Conduct
- Reasonable Expectation of Privacy
- Seizure of a Person
- Search
Fourth Amendment - Threshold Issues
Government Conduct: To demonstrate government conduct, the defendant must prove that the government or police were involved in the unreasonable search and seizure.
Reasonable Expectation of Privacy (REP): Defendant must also prove they had a REP as to the places searched and items seized by the government
Fourth Amendment - Seizure of a Person
A seizure occurs where, under the totality of the circumstances, a reasonable person would not feel free to leave. This includes arrest, stop and frisk, police checkpoints, and traffic stops.
Fourth Amendment - Seizure of a Person, Arrest
Arrests in a defendant’s home typically require an arrest warrant. But, public place arrests do not need warrants. Officers can make warrantless arrests if
(i) they witness a felony or misdemeanor, or
(ii) they have probable cause to believe that a felony has been committed (usually from informant)
Fourth Amendment - Seizure of a Person, Terry Stop and Frisk
An officer can stop a person if they have reasonable suspicion that the person is engaged in or has engaged in criminal activity.
Following the seizure of the person, the officer can pat down outer clothing of the defendant for the officer’s safety, looking for ‘immediately obvious’ contraband under the ‘plain feel’ exception.
Reasonable suspicion can escalate to probable cause that a crime has been or is being committed, allowing full search.
Fourth Amendment - Seizure of a Person, Police Checkpoints
Police checkpoints are generally valid if
(i) conducted in a nondiscriminatory manner, and
(ii) serving an articulable purpose beyond general crime prevention
Fourth Amendment - Seizure of a Person, Traffic Stops and Searches
Traffic stops are valid when the officer has reasonable suspicion or probable cause that a traffic law has been violated.
Following a lawful traffic stop, the officer may ‘frisk’ the inside of the car pending reasonable suspicion there is a weapon in the car. The officer can only frisk areas that may contain the weapon.
Reasonable suspicion can escalate to probable cause that a crime has been or is being committed, allowing full search.
Fourth Amendment - Search
A search occurs when governmental conduct violates the defendant’s REP
*Commonly search of person, automobile, or domicile
Fourth Amendment - Search, Valid Search Warrant
To be valid, a warrant must be
(i) Issued by a detached and neutral magistrate
(ii) Based upon probable cause, and
(iii) Describing the defendant, crime, and places to be searched and seized with particularity.
Fourth Amendment - Search, Valid Search Warrant (K&A/Officer’s Good Faith)
- Officers must ‘knock and announce’ their presence and purpose before engaging in a search, subject to certain exceptions.
- Officers sometimes rely in good faith on a defective warrant. If they act in good faith as measured by the reasonable person standard, evidence obtained may still be admissible.
Fourth Amendment - Search, Exceptions to a Warrantless Search
Warrantless searches violate the Fourth Amendment and make evidence seized therein inadmissible unless they fit an exception.
Fourth Amendment - Search, Exceptions to a Warrantless Search; Search Incident to Lawful Arrest
A lawful arrest based upon probable cause allows a search incident to the arrest that is reasonable in scope.
The scope is limited - police may search the arrestee and their immediate surroundings, including pockets and containers.
If at home, police can search closets and other adjoining spaces where an attack is likely.
If in a vehicle, the police may search the compartments the arrestee is within recahing distance of OR it is reasonable that evidence might be in the vehicle. (CONTRAST w/AUTOMOBILE EXCEPTION)
Fourth Amendment - Search, Exceptions to a Warrantless Search; Automobile Exception
Police can search any part of a defendant’s car so long as they have probable cause it contains contraband or other evidence of a crime.
Fourth Amendment - Search, Exceptions to a Warrantless Search; Plain View
No warrant is required to seize evidence when
(i) Police are lawfully in the relevant location,
(ii) the evidence can be plainly viewed, and
(iii) the criminal nature of the item is immediately apparent
Fourth Amendment - Search, Exceptions to a Warrantless Search; Exigent Circumstances
Exigent circumstances may make a warrantless search constitutional if probable cause exists when viewed through the totality of the circumstances. Exigency can include hot pursuit of fleeing felons, reasonable apprehension of evidence destruction if delayed, or public safety
Fourth Amendment - Search, Exceptions to a Warrantless Search; Consent
A party’s consent negates the warrant requirement. Consent must be voluntary with no threats of harm, compulsion, or misrepresentation of lawful authority.
Fourth Amendment - Search, Exclusionary Rule
The Exclusionary rule applies to evidence seized as a result of government illegality, as well as the ‘fruit of the poisonous tree’ - evidence derived from the illegal government action.
Exceptions include:
1. Inevitable discovery through lawful means
2. Independent source unrelated to taint
3. Passage of time cleans taint
4. Good faith reliance
Fifth Amendment - Testable Components
The Fifth Amendment provides that no person shall be compelled in a criminal case to testify against themself. The right applies to testimonial evidence coercively obtained by police.
- Miranda Warnings
- Exclusion of Statements
Fifth Amendment - Miranda Warnings, General
Officers must give defendants Miranda warnings when
(i) the defendant is in custody, and
(ii) being interrogated.
Miranda warnings inform the defendant of their rights to remain silent and to an attorney.
*MUST have both custody and interrogation, mini IRAC both
Fifth Amendment - Miranda Warnings, Custody
Custody exists when a person reasonably believes they are not free to leave OR they are otherwise significantly deprived of their freedom.
Fifth Amendment - Miranda Warnings, Interrogation
Interrogation exists when police subject person to any conduct that is likely to elicit a response whether incriminating or exculpatory
*Does NOT include when undercover gov agent gets confession, no coercive element and therefore no interrogation.
Fifth Amendment - Miranda Warnings, Waiving/Invoking/Re-Approaching
- A defendant may waive Miranda rights so long as waiver is
(i) voluntary, and
(ii) not the result of government coercion - The defendant must unambiguously invoke a right to an attorney, at which point police cannot continue questioning without providing attorney or obtaining waiver
- Once a defendant invokes Miranda, police may not re-approach them to question them about either the charged crime or any other.
Fifth Amendment - Miranda Warnings, Spontaneous Statements
If the defendant voluntarily makes a statement, that statement will be admissible regardless of previous Miranda invocation
