Criminal Procedure 1-15 Flashcards
What is required to challenge a Search and Seizure?
STANDING.
The challenger must have a reasonable expectation of privacy regarding the item or place searched.
*Courts have held that individuals have a reasonable expectation of privacy in that of which they own or possess.
Priority: HIGH
Arrests
When does Probable Cause arise?
It arises when the police officer has:
Trustworthy facts or knowledge,
Sufficient to warrant a reasonable person to believe,
That a crime has occurred.
*If in a public space, probable cause is all that’s required. If in someone’s home, a warrant is required to make an arrest.
Priority: Medium
When may a police officer Stop and Inquire?
If the police officer:
Has reasonable articulable suspicion,
That criminal activity is afoot.
*Allows only a brief detention for questions, after which the suspect must be released.
*An officer may make a request for information anytime, except on whim or caprice.
Priority: HIGH
When may a police officer Stop and Frisk?
If the police officer:
Has reasonable articulable suspicion,
That criminal activity is afoot, AND
That the person has a weapon.
*Under the Plain Feel Doctrine, the officer may only seize items during the frisk that he reasonably believes is contraband or a weapon.
Priority: HIGH
What is required for a valid Search Warrant?
To be valid:
There must have been probable cause;
The warrant must state with particularity the place to be searched and the items to be seized; AND
It must be issued by a neutral and detached magistrate.
Priority: HIGH
What are the exceptionsthat permit a Warrantless search and seizure?
Plain View doctrine.
Exigent circumstances.
Automobile exception.
Search incident to an arrest.
Consent.
Inventory searches.
Stop and Frisk.
Where the U.S. Supreme Court has concluded there is a special need.
Priority: HIGH
When is the use of sensory enhancement technology deemed a search?
If:
The technology is NOT in general public use; AND
The police obtain activities inside the home.
It also depends on the type of surveillance, the type of information accessed, the nature of the property and the availability of the tech used.
Priority: Medium
Exception to Warrant Requirement
Plain View Doctrine
The police may seize evidence without a warrant if:
It is observed in plain view (5 senses);
From a place the officer is lawfully permitted to be; AND
Probable cause exists to believe that the items are evidence of a crime or contraband.
Priority: HIGH
Exception to Warrant Requirement
Exigent Circumstances
This exists when:
The evidence is evanescent;
It’s necessary to prevent imminent destruction of evidence;
The emergency aid exception applies; OR
The police are in hot pursuit of a felon and the evidence is in plain view.
Priority: Medium
Exception to Warrant Requirement
Search Incident to Arrest
Police CAN make a contemporaneouswarrantless search incident to a lawful arrest of:
the suspect’s person; and
the area within the suspect’s immediate control.
Arrest in a Home → police also MAY ALSO search closets and other spaces immediately adjoining the place of arrest (from where an attack may be launched).
Arrest in a Vehicle → police also MAY ALSO search the entire interior or passenger’s compartment if: (a) the officer has reason to believe that evidence relevant to offense/crime arrested for might be discovered, OR (ii) arrested person is unsecured and may gain access to the vehicle.
Priority: Medium
Exception to Warrant Requirement
Consent
It is an exception ONLY if it is given freely, voluntarily and intelligently.
A third person may consent to a search, BUT that person must have authority.
Priority: Medium
Exception to Warrant Requirement
Administrative and Inventory Searches
Administrative Searches: DO NOT require a warrant. They serve special needs distinct from the ordinary interest in law enforcement.
Inventory Searches: To be valid the search must be:
Reasonable; AND
Conducted pursuant to established police agency procedures.
Priority: Low
Exception to Warrant Requirement
Checkpoints
Police may stop a vehicle if:
It is conducted in a nondiscriminatory manner;
For a purpose other than investigation of criminal activity; AND
It is reasonable in scope.
Priority: Medium
Exception to Warrant Requirement
Automobile Exception
This exception allows a warrantless search of the car if the police have probable cause that either contraband OR evidence of a crime will be found in the vehicle.
*If there is probable cause: Police can search the entire car AND packages, luggage, or containers that may reasonably contain items for which there is probable cause.
Priority: Low
Under the 14thAmendment Due Process Clause, when will a Confession be excluded at trial?
A confession is inadmissible if it’s the product of police coercion that overbears the suspect’s free will.
*Courts will consider the characteristics of the interrogation AND the individual.
Priority: N/A
