CRIMINAL LAW/ CRIMINAL PROCEDURE Flashcards
The Fourth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
When is the 4th Amendment applicable?
US v Katz - When the defendant has a reasonable expectation of privacy. 2 parts - honest (subjective) and reasonable - objective.
What specific contexts does the Supreme Court provide as unreasonable?
- Technology: if the technology used by government to gain information would not be used publicly, then a warrant is needed
- Location: less privacy is expected in commercial buildings than private dwellings
- Intrusiveness: not every police search is for 4th amendment purposes
Standards of Proof
The level of certainty required for government to take action.
Types of Standards of Proof
- Beyond Reasonable Doubt: The standard of proof required for criminal convictions
- Preponderance of the Evidence: means ‘more likely than not’ and is used to determine outcomes in civil trials
- Reasonable Suspicion: on the low end, requires some articulable basis of suspicion hallows police conduct frisks/stops)
Probable Cause
- Most important level of proof for criminal law
- Required both for warrants and for searches without warrants
- More than mere suspicion
- Based on trusted facts, officer experience and reasonable inferences
Ranking Standards of Proof
- Beyond Reasonable Doubt: 100% sure, certainty
- Preponderance of the Evidence: 51% sure
- Probable Cause
- Reasonable suspicion
- Total guessing: no certainty at all
Example Evidence for Probable Cause
- Hearsay
- Informant/tipster (someone who tips off the police)
- Predictive Information
- Dog searches
The Warrant Requirement
The police must obtain a warrant in order to conduct a search- even if there’s probable cause
How to obtain a warrant
- PC to believe that within the area to be searched, the items will be found
- PC to believe that items sought are connected to criminal activity
- The area searched and items seized must be described with particularity
Warrant Requirment Exceptions
- Consent
- Stop & Frisk
- Plain View/ Plain Feel/ Open Fields
- Searches of automobiles
- Preservation of Evidence
- Emergency Responses/ Hot Pursuit
- Road Blocks/ Random Stops
Incident to Arrest
If lawful arrest is made, a person can be fully searched without warrants or PC.
What is an arrest?
- Most serious type of seizure
- The official taking of a person to answer criminal charges
Question for determining police custody
- Whether a reasonable person would have felt free to leave.
- Aka Totality of the circumstances test
Common circumstances for determining police custody
- Whether the suspect is informed that questioning is voluntary
- Whether suspect is free to move around
- Who initiated contact
- Whether suspect volunteered information
- How accusatory police are in communications
- Whether the police dominate the atmosphere of questioning
Interrogation & Confession
- Interrogation is the questioning of a suspect by police
- Confession a statement by a person admitting that they committed a crime
Admission
If a person claims certain facts are true, and those facts don’t amount to anything by themselves
Miranda
- The right to remain silent
- Anything you say will be used against you in court
- You have the right to consult with a lawyer
- If you can’t afford a lawyer, one will be provided
Exceptions to Miranda
- Waiver
- Undercover Officers
- Routine Traffic stop
- Informational questions
- Public safety questions
- Spontaneous questions
Exclusionary Rule
- Renders (primary) illegally obtained evidence inadmissible
Fruit of the Poisonous Tree doctrine
- secondary evidence obtained through legal search as a result of a prior illegal search is inadmissible in court
Exceptions to Exclusionary Rule
Even if search was illegal, evidence can still be admissible if:
- No determination of guilt will be made at hearing where the evidence is used
- if the defendant brings up the evidence first
- if the evidence is connected to an independent source, not to the illegal pathway
