Crim Procedure Flashcards
Exclusionary rule
It prohibits the induction of evidence into a criminal trial which was obtained in violation of the fourth, fifth, and sixth Amend.
Miranda
It prohibits statements at trial that were obtained from people through interrogations while in police custody unless they are first informed of various rights and warned of the consequences of waiving those rights.
Fourth Amend
Under the Fourth Amend a person has a right to be free from unreasonable search and seizures of person and property by the government.
What constitutes a seizure of a person
- Under the totality of the circumstances,
- A reasonable person would not feel free to decline a police officer’s request and terminate the encounter.
- Must be a physical application of force or a submission to a show of force
- Arrest -
-which must be based on probable cause
-Warrant not required for an arrest made in public
-warrant required for arrest to be made in a person’s own home. - Investigatory detentions also known as Terry Stops.
-may be made on reasonable suspicion supported by articulable facts.
-Reasonable suspicion determined by the totality of the circumstances
-Informer’s tip must be accompanied by indicia of reliability
-Police must act diligently and reasonably in confirming or dispelling their suspicion. - Automobile stops
- Must have at least reasonable suspicion that a law has been violated.
Exception: Special law enforcement needs can justify suspicionless roadblocks.
- cars must be stopped on a neutral basis, an articulable standard.
- must serve a purpose closely related to a particular problem about automobiles and their mobility. - Subpoena to appear before a grand jury not within 4th Amend Protection.
- Use of deadly force is a seizure and it may not be used unless reasonable under the circumstances.
Where does a person expect privacy?
Places owned by the person, their home, where the person is an overnight guest, curtilage.
No expectation of privacy in things held out to the public
Probable cause
It is proof of a fair probability that contraband or evidence of the crime will be found in the area searched.
Particularity
The warrant must specify the place to be searched and the items to be seized.
Good faith exception
A warrant that lacks probable cause and the particularity requirement but on a good faith basis can still be valid.
This is not recognized in Ga.
Right to counsel under 6th Amend
Attaches when formerly charged,
Applies at all critical stages of prosecution
Offense- Specific- Applies only to crimes formally charged
Harmless error rule
Pretrial Identification
Line- Witness asked to identify the perpetrator from a group
Show up
Photo Array
Brady Rule
Gran Juries
They issue indictments and the Fifth Amendment the right to Grand jury indictment has not been incorporated in the 14th Amendment, however, some states’ constitutions require indictments by grand juries.
They are performed in secret -d had no right to notice that the grant jury is considering an indictment against them, to be present, confront witnesses, or introduce evidence.
There is no right to counsel or Miranda warnings-
No right to exclude evidence even if not admissible at trial and the indicted d cannot have the indictment squashed based on illegality.
No right to challenge a subpoena on the grounds of Fourth Amendment violations or lack of probable cause or any reason at all - to call a witness for questioning.
exclusion of minorities is the only way to squash a grand jury indictment. If members of a minority group have been excluded it will be reversed without regard to the harmless error rule.
Brady Rule (Prosecutor’s duty to disclose exculpatory evidence)
The gov’t has a duty to disclose material, exculpatory evidence to the defendant. Failure to disclose such evidence is in violation of the due process clause of the 14th Amend and its grounds for reversing a d conviction if the d can prove that
1. The evidence is favorable to the d because it either impeaches or is exculpatory, and
2. prejudice has resulted that is, there is a reasonable probability that the result of the case would have been different if the undisclosed evidence had been presented at trial.
