Crim Proc Flashcards
Exclusionary Rule (ER)
Evidence obtained in violation of defendant’s constitutional rights is inadmissible against defendant in trial.
State Action
4th, 5th, 6th, 8th Amendments protect against governmental conduct, e.g., by police, government agents.
Fruit of the Poisonous Tree
All derivative evidence obtained via inadmissible evidence is also excluded.
Scope of ER
While evidence can be suppressed, violation does not entitle defendant to have indictment or prosecution dismissed.
Exceptions to ER
Taint of derivative “fruit” may be dissipated even if traceable to an initial violation of rights.
Exceptions to ER - Grand Jury
A grand jury may hear and use any piece of evidence regardless of its admissibility.
Exceptions to ER - Good Faith Reliance on Warrant
Reasonably well-trained PO would have believed warrant was valid (e.g., clerical error).
Exceptions to ER - Knock and Announce Violations
Do not automatically trigger ER; exclusion is not a remedy.
Exceptions to ER - Independent Source
Independent source of derivative evidence, source being separate from original illegality. May “rediscover” initially illegal evidence under valid warrant if police would have applied for and received warrant anyway.
Exceptions to ER - Unrelated Crime
Evidence of an entirely unrelated crime is untainted and admissible (despite original illegality).
Exceptions to ER - Inevitable Discovery
Police would have discovered the evidence regardless of legality or unconstitutional police conduct (e.g., via systematic search).
Exceptions to ER - Intervening Act of Free Will by Defendant
Attenuation, e.g., subsequent confession after release after illegal arrest.
Exceptions to ER - Impeachment of Defendant’s Testimony Only
1) Confession taken in violation of Miranda and 2) real or physical evidence seized from illegal search are still admissible to impeach defendant’s trial testimony.
Exceptions to ER - Attenuation
Evidence with a “but for” link to a poison tree may be so distant from the initial illegality that the taint of poison is purged and the evidence is admissible.
Exceptions to ER - Miranda Violation
Miranda violation is not a poisonous tree: Can admit evidence seized via statements obtained from failure to give Miranda warnings, although a confession itself is not admissible if obtained in violation of Miranda.
4TH AMENDMENT
Protects against violation of constitutionally protected privacy
4th Amendment - General Rule
The 4th Amendment protects against unreasonable searches and seizures by the government or its agents.
4th Amendment - Standing (Threshold Issue)
To have standing, defendant must have had a reasonable expectation of privacy (REP) in the place searched—subjectively + objectively (society is prepared to accept the expectation of privacy as reasonable).
4th Amendment - REP
REP also exists if defendant lived in (e.g., home) or stayed overnight at the premises searched. Mere ownership, as opposed to privacy or possessory interest in place or item, is insufficient.
4th Amendment - No REP
No REP where held out to public, e.g., knowingly exposed to public, depends on the luggage/home/curtilage, smell of luggage, misplaced trust in false friend, sense-enhancing tech available for public use, car in public.
4th Amendment - Warrants
A search/seizure must be made with a valid warrant, which must be: 1) issued by neutral detached magistrate, 2) based on probable cause, and 3) described with particularity the place to be searched or item/person to be seized.
Warrants - Probable Cause (PC)
A fair probability that would warrant a reasonable person to conclude that evidence of a crime can be found at a particular place or that a particular person committed a crime. PC can be based on an informant’s tip, which must meet the totality of the circumstances (TOTC) test: practical, common-sense considerations showing probability of criminal activity based on informant’s veracity, basis of informant’s knowledge, and corroboration from police investigation predictive information showing insider knowledge. May be based on an anonymous tip.
Warrants - Recent Facts
Police must show recent facts, not hunches or “known for”. To attack inaccuracies in a facially valid warrant, A must show material false statements made intentionally or recklessly (negligently).
Warrants - Scope
Reasonably necessary to discover items. Must be executed w/o unreasonable delay while PC exists.
Warrants - Search of Premises/Car
Excludes the people present (mere presence doctrine), unless PC to arrest (search incident). PC that item on person, reasonable suspicion (RS) of danger (frisk), or identified in warrant.
Warrants - Knock and Announce Rule
Police must give notice and wait a reasonable time before entering to execute warrant, except when there is RS that announcing will lead to destruction of evidence, endanger officers, or be futile.
Warrants - Good Faith Exception to Invalid Warrant
Evidence or person seized via a facially valid (particular) but defective warrant is admissible if a reasonably well-trained PO acted in good faith thinking that the warrant was valid.
Exceptions to Warrants Generally (CHAMPED)
Where PC alone enough to justify a search or seizure without warrant.
Exceptions to Warrants - Community Caretaking
Going into home to make sure there isn’t further injury (based on objective TOTC).
Exceptions to Warrants - Hot Pursuit
Of fleeing felon suspects (where speed and safety are essential): PO may make warrantless search/seizure related to pursuit, or enter anyone’s home without warrant. Evidence in plain view will be admissible.
Exceptions to Warrants - Automobile
Any vehicle capable of moving is covered (not mobile home fixed to the ground).
Automobile - Stop Car
Needs RS of violation of law (can ripen to PC) or PC to believe criminal evidence is in car.
Automobile - PC for Evidence in Car
If PC to believe criminal evidence is in car, can search whole car, closed containers (size limited to where evidence could be), and its contents, including passenger luggage.
Automobile - Container in Car
If PC to believe evidence is in a container in the car, search of car limited to that container (and where that container could be); once package is found, search is limited to the package.
Automobile - Contraband
If PC to believe automobile itself is contraband, can seize it without warrant.
Exceptions to Warrants - Minor Intrusion
Into body in reasonable manner (e.g., breathalyzer test tube).
Exceptions to Warrants - Plain View
Police officer (PO) is lawfully present and positioned + “immediately apparent” that item is subject to seizure + PC to believe evidence is associated with crime (can’t move item for a better view).
Exceptions to Warrants - Exigency or Destruction of Evidence
PC to believe evidence likely to disappear before warrant can be obtained (e.g., blood alcohol concentration, scraping under fingernail). Warrantless search must end roughly when evidence is secured.
Exceptions to Seizure Warrants (ASS)
PC generally needed, RS sufficient for Terry stop or frisk
Arrest
Need PC for any arrest. No W is needed in a public place, but an arrest warrant is required for arrest inside one’s home (search warrant needed if someone else’s home), unless in hot pursuit or exigency.
Stop and Frisk (Terry stop and Terry frisk)
Need RS. Stop: brief detention for investigative purpose, no longer than necessary to verify suspicion. Frisk: pat down for weapons only if RS that suspect has weapon.
Reasonable Suspicion (RS)
Specific and articulable facts (unusual conduct) + rational inferences from the facts (criminal activity may be afoot (stop); suspect may be armed or dangerous (frisk)).
Plain Feel
During pat down, PO may seize items reasonably believed to be weapon or contraband (admissible as evidence).
Auto Stop (RS)
Per RS, may frisk driver/passenger or search car limited to where weapon may be. If PC arises during stop, it could become an arrest. PO can then conduct a search incident to arrest.
Seizure by Deadly Force
Under objectively “reasonable” circumstances, deadly force (e.g., shooting) may not be used unless necessary to prevent escape + PC to believe that suspect poses significant threat of death or serious injury to PO or others + where feasible, some warning has been given.
Exceptions to Search & Seizure Warrants (SCAT)
No W or PC needed.
Search Incident to Lawful Arrest
Arrest must be lawful (PC exists). May only include arrestee’s person and the area “within his immediate control” (where he might obtain weapon or destroy evidence), contemporaneous in time & place with arrest.
Contemporaneous
Not necessarily “simultaneous” (e.g., can search car after securing arrestee).
Protective Sweep
At home when executing arrest warrant: If police has RS of danger/attack from others in the home, may sweep spaces where another person might be hiding (e.g., not drawers).
Vehicle Itself
2 ways — unsecured arrestee or reasonable belief of criminal evidence in vehicle. PO can search inside vehicle (excl. trunk unless PC) incident to occupant’s arrest only when arrestee is unsecured and within reaching distance of a compartment while arrested. Search of whole vehicle incident to a lawful arrest is allowed if it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.
Inventory Search
Police may conduct routine search of arrestee’s belongings or impounded car.
Consent Search
One with authority offers voluntary (based on TOTC) consent to the search.
Scope of Consent
Limited by reasonableness or an applicable exception.