Crim Pro Basics

Question 1

Crim Pro - Summary of Issues

Answer 1

1. Fourth Amendment
2. Fifth Amendment
3. Sixth Amendment
4. Due Process Clause, Fifth and Fourteenth Amendment
5. Additional Issues

Question 2

Fourth Amendment - Testable Components

Answer 2

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

1. Government Conduct
2. Reasonable Expectation of Privacy
3. Seizure of a Person
4. Search

Question 3

Fourth Amendment - Threshold Issues

Answer 3

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

Question 4

Fourth Amendment - Seizure of a Person

Answer 4

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.

Question 5

Fourth Amendment - Seizure of a Person, Arrest

Answer 5

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)

Question 6

Fourth Amendment - Seizure of a Person, Terry Stop and Frisk

Answer 6

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.

Question 7

Fourth Amendment - Seizure of a Person, Police Checkpoints

Answer 7

Police checkpoints are generally valid if
(i) conducted in a nondiscriminatory manner, and
(ii) serving an articulable purpose beyond general crime prevention

Question 8

Fourth Amendment - Seizure of a Person, Traffic Stops and Searches

Answer 8

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.

Question 9

Fourth Amendment - Search

Answer 9

A search occurs when governmental conduct violates the defendant’s REP

*Commonly search of person, automobile, or domicile

Question 10

Fourth Amendment - Search, Valid Search Warrant

Answer 10

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.

Question 11

Fourth Amendment - Search, Valid Search Warrant (K&A/Officer’s Good Faith)

Answer 11

1. Officers must ‘knock and announce’ their presence and purpose before engaging in a search, subject to certain exceptions.
2. 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.

Question 12

Fourth Amendment - Search, Exceptions to a Warrantless Search

Answer 12

Warrantless searches violate the Fourth Amendment and make evidence seized therein inadmissible unless they fit an exception.

Question 13

Fourth Amendment - Search, Exceptions to a Warrantless Search; Search Incident to Lawful Arrest

Answer 13

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)

Question 14

Fourth Amendment - Search, Exceptions to a Warrantless Search; Automobile Exception

Answer 14

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.

Question 15

Fourth Amendment - Search, Exceptions to a Warrantless Search; Plain View

Answer 15

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

Question 16

Fourth Amendment - Search, Exceptions to a Warrantless Search; Exigent Circumstances

Answer 16

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

Question 17

Fourth Amendment - Search, Exceptions to a Warrantless Search; Consent

Answer 17

A party’s consent negates the warrant requirement. Consent must be voluntary with no threats of harm, compulsion, or misrepresentation of lawful authority.

Question 18

Fourth Amendment - Search, Exclusionary Rule

Answer 18

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

Question 19

Fifth Amendment - Testable Components

Answer 19

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.

1. Miranda Warnings
2. Exclusion of Statements

Question 20

Fifth Amendment - Miranda Warnings, General

Answer 20

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

Question 21

Fifth Amendment - Miranda Warnings, Custody

Answer 21

Custody exists when a person reasonably believes they are not free to leave OR they are otherwise significantly deprived of their freedom.

Question 22

Fifth Amendment - Miranda Warnings, Interrogation

Answer 22

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.

Question 23

Fifth Amendment - Miranda Warnings, Waiving/Invoking/Re-Approaching

Answer 23

1. A defendant may waive Miranda rights so long as waiver is
   (i) voluntary, and
   (ii) not the result of government coercion
2. The defendant must unambiguously invoke a right to an attorney, at which point police cannot continue questioning without providing attorney or obtaining waiver
3. Once a defendant invokes Miranda, police may not re-approach them to question them about either the charged crime or any other.

Question 24

Fifth Amendment - Miranda Warnings, Spontaneous Statements

Answer 24

If the defendant voluntarily makes a statement, that statement will be admissible regardless of previous Miranda invocation

Question 25

Fifth Amendment - Miranda Warnings, Standing

Answer 25

A defendant may only assert their own Miranda rights - i.e. no asserting Miranda on behalf of a co-defendant

Question 26

Fifth Amendment - Exclusion of Statements

Answer 26

Statements made in violation of Miranda are admissible to impeach when
(i) the defendant testifies, and
(ii) the prosecution seeks to impeach the defendant.
However, physical fruits seized in reliance on statements made in confession are not excluded.

Question 27

Sixth Amendment - Right to Counsel

Answer 27

Sixth Amendment Right to Counsel automatically applies at ‘all critical stages’ of prosecution after formal proceedings begin. The right starts when prosecution issues an indictment or formal charge and ends at sentencing.
Critical stages include: post-charge in-person line-ups, questioning by government informants, depositions

*Differs from Fifth Amendment Right to Counsel - which has more limited protections

Question 28

Sixth Amendment - Offense Specific

Answer 28

Sixth Amendment Protections only prevent police from questioning about the charged crimes, not unrelated offenses.

Question 29

Sixth Amendment - Waiver

Answer 29

Defendants can waive Sixth Amendment rights if waiver is knowing and voluntary

Question 30

Due Process

Answer 30

Under the Due Process Clause, which is applicable to the states under the 14th Amendment and the federal government under the 5th Amendment, police line-ups must not be conducted in a manner that is
(i) unnecessarily suggestive, or
(ii) providing a substantial likelihood of misidentification

*Police lineups trigger both Sixth Amendment right to counsel and the Due Process Clause

Question 31

Additional, Rarely-Tested Issues

Answer 31

1. Confrontation Clause
2. Guilty Plea - Procedural Requirements
3. Right to Discharge and Substitute Attorneys
4. Right to pro se Representation
5. Right to Separate Trial from Co-Defendant
6. Right to Speedy Trial
7. Right to Testify at Trial