Criminal Inv-Case briefs Flashcards
Mapp v Ohio, 1961
search and seizure
No evidence seized illegally may be admitted as evidence.
Katz v US, 1967
search and seizure
Katz convicted for transmitting wagering info by telephone. Error to admit such evidence in lack of prior judicial authorization
Dalia v US, 1979
search and seizure
Pursuant to Tilte III, installing an electronic bug pursuant to a lawful search warrant is not a violation of the US constitution or statute
Terry v Ohio, 1968
search and seizure
Stop and frisk does not violate the 4th Amend
Chimel v California, 1969
search and seizure
chimel arrested on arrest warrant. without consent officers search the house due to search incident to arrest. and evidence seized. Crt said the scope of the search was unreasonable under 4th and 14th Amend
Gustafson v Florida, 1973
search and seizure
Gus convicted for unlawful poss of marijuana. Gus arrested for driving veh w/o license. officer found marijuana in Gus coat pocket. Crt held scope of search was reasonable under 4th and 14 Amend
Rochin v California, 1952
search and seizure
shock the conscience of the court. Pumping of his stomach was unreasonable
Payne v Arkansas, 1958
interrrogation
19 yrs old mentally dull youth convicted of murder. arrested w/o warrant, was denied a hearing before a magistrate, not advised of his right to remain silent, held incommunicado 3days, denied food for long periods. violation of 14th Amend.
Lego v Toomey, 1972
interrogation
suspect arrested and made confession. Evidence was conflicting on issue of volundtariness of confesion. admissibility of evidence is a determination for court, not jury.
Miranda v Arizona, 1966
interrogation
- Miranda arrested for kidnapping and rape. Miranda signed a confession. Miranda’s right to counsel and against self-incrimination was violated. Not informed of his right to counsel or right to be silent or possible use of his statement as evidence against him
Gideon v Wainwright, 1963
right to an attorney
convicted w/o attorny to represent him. Crt said 6 Amed requires appt of counsel unless waived for indigents accused of crimes. Provision is obligatory on the states by the 14th Amend
Unites State v Wade, 1967
right to an attorney
In court identification by witness to whom the accused was exhibited before trial in the absence of counsel must be excluded, unless it can gbe established that such evidence had an independent origin
Federal Controlled Substances Law
Title 21, USC section 812
Schedule I a. drug has high potential for abuse b. drug has no currently accepted medical use c. lack of accepted safety for use of drug Schedule I Controlled substances heroin LSD Marijuana Mescaline Peyote Psilocybin
Schedule II a. high potential for abuse b. drug currently accepted medical use in treatment in US c. Abuse of drug may lead to severe psychological or physical dependence Schedule II Controlled Substances Cocaine Opium FentanyI Methadone Injectable Methamphetamine
Schedule III
a.Drug potential for abuse,less than drugs Schedule I or II
b. drug has currently accepted medical use in treatment
c. abuse of drug may lead to moderate or low physical dependence or high psychological dependence
Schedule III Controlled Substances
Amphetamine
methamphetamine
Barbituric acid
phencyclidine
codeine
anabolic steroids
Schedule IV a. drug has low potential for abuse b. drug currently accepted medical use c. drug may lead to limited physical dep or psych dependence Schedule IV Controlled Substances barbital chloral hydrate
Schedule V a. any compound, mixture,or preparation containing limited quantities of narcotic drugs, such as following: codeine dihydrocodeine ethylmorphine opium
Title 21, USC section 841: prohibited acts
knowingly, intentionally or manufacture, distribute, dispense or possess 1 kil or mor heroin, 5 kil or more of cocaine, 100 grams or more PCP, 10 grams or more of LSD, 1000 kil ormore of marijuana, 1000 marij plants, 50 grams or more of methamphetamine.
not less than 10 years or more than life
if death or serious bj results, not less than 20 yrs, or more than life.
fine not to exceed 4 million if def is individual
not to exceed 10 million if def is other than indivi
After prior convicition for felony drug case- def will serve not less than 20 yrs, not more than lfie
fine not to exceed 8 million if individual
or not exceed 20 million if def is other or both
Title 21, USC section 844: Penalties for simple possession
unlawful for any person knowingly, intentionally to possess a controlled substance unless such substance as obtained directly or pursuant to valid prescription.
not more than 1 yr and fined 1000. or both.
prior conviction, not less than 15 days but no more than 2 yrs. fined at 2500.
2 prior convictions, not less than 90 days, but no more than 3 yrs, fined at 5000.
if convicted under this section for poss of a mixture or substance that contains cocaine base, shall be imprisoned not less than 5 yrs and not more than 20 ydrs, fined a min 1000.00
