Crim Pro Rule Language Flashcards
4th Amendment Violation Standing
A person has standing to raise a 4th Amendment challenge if he has an expectation of privacy in the thing searched or seized.
4th Amendment General Rule
The 4A applies to searches or seizures conducted by government agents in areas where the complaining individual has a reasonable expectation of privacy. An agent needs a warrant (or meet one of the may exceptions).
Plain View Exception to Warrant Requirement
If officers are lawfully in a position from which they view and object, if it is incriminating character is immediately apparent, and if the officers have a lawful right of access to it, they may seize it without a warrant.
Terry Stops and Frisks
The 4A permits detention of an individual for a brief period of time if the police have reasonable, articulable suspicion” that the individual has been recently involved in criminal activity.
14th Amendment–Voluntariness under the DPC
The standard for excluding a confession under the DPC is:
1. whether the police subjected the suspect to coercive conduct, and
2. whether the conduct was sufficient to overcome the will of the suspect.
Neither the confession nor the fruits of the confession can be admitted if the 14A is violated.
Sixth Amendment–Right to Counsel (At trial)
The 6A as applied to the states through the 14A, provides that the accused has the right to have assistance of counsel for his defense.
It attaches when judicial proceedings have begun–ie, when the accused is formally charged. It does NOT attache upon arrest.
Fifth Amendment–Right to Counsel and Right to Remain Silent
“Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation.”
Custody Definition
A suspect is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest.
Interrogation Definition
This includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the suspect.
Valid Miranda waiver
The suspect must make a “knowing, intelligent, and voluntary” waiver.
Exclusionary Rule
Under the exclusionary rule, evidence obtained in violation of a defendant’s Fourth Amendment rights is not admissible to establish the guilt of the defendant at trial.
The Fourth Amendment protects against unreasonable searches and seizures by criminal law enforcement agents.
To have a protected Fourth Amendment right, a person must have a reasonable expectation of privacy with respect to the place searched or the item seized.
