Criminal Procedure Flashcards
What is the Exclusionary Rule?
A remedy of American constitutional procedure whereby someone who has been the victim of an illegal search or a coerced confession can have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution.
It is inapplicable to grand jury proceedings, civil proceedings, parole revocation proceedings, or for impeachment purposes, or for violations of the knock and announce rule.
What is the standard used by the court to overturn a conviction premised on illegally seized evidence?
If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the government can show beyond a reasonable doubt that the error was harmless.
This test NEVER applies to the denial of the right to counsel at trial.
What are three ways the police can break the chain between original, unlawful police action and some supposedly derived piece of evidence?
The three INs:
(1) The government could show that it had an independent source for that evidence
(2) Inevitable discovery: the police would have inevitably discovered this evidence anyway.
(3) Intervening acts of free will ont he part of the defendant
What does the Fourth Amendment protect against?
The Fourth Amendment protects citizens from unreasonable searches and seizures.
What does an arrest require as its basis?
Probable cause. Arrest warrants are generally not required before arresting someone in a public place, even if the police have time to get a warrant. However, a non-emergency arrest of an individual in his home does require an arrest warrant.
What is required for a Terry Stop?
The police have the authority to briefly detain a person even if they lack probable cause to arrest. In order to make such a stop, the police must have a reasonable suspicion supported by articulable facts of criminal activity. A hunch is never enough, even if correct.
Whether the police have reasonable suspicion depends on the totality of the circumstances.
When may police stop an automobile?
If they have at least reasonable suspicion that the law has been violated. If special law enforcement needs are involved, the police may set up roadblock checkpoints. To be valid, the roadblock must stop cars on the basis of some neutral, articulable standard, and be designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility.
During routine traffic stops, a sniff is not a search so long as the police do not extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.
What are the five steps to analyzing a Fourth Amendment search and seizure question?
1) Is there governmental conduct?
2) Did the search violate the defendant’s reasonable expectation of privacy?
3) Did the government agent have a warrant? (See six exceptions for when a warrant not required)
4) Was the warrant proper (i.e. based on probable cause, precise on its face, and issued by a neutral and detached magistrate or was the government agent’s reliance on the warrant in good faith?)
5) Was the warrant properly executed?
For search and seizure purposes, when is governmental conduct present?
Government conduct is the publicly paid police, on duty or off duty, or any private individual acting at the direction of the public police. Privately paid police actions do NOT constitute governmental conduct unless they are deputized with the power to arrest you.
When does one have a reasonable expectation of privacy, and therefore have standing to object to a search?
Automatically if:
(1) You own the premises searched,
(2) You live on the premises searched, and
(3) Overnight guests
Sometimes if:
(1) You own the property seized you have standing only if you have a reasonable expectation of privacy in the item or area searched.
What are the areas where a person automatically does NOT have standing because there is no expectation of privacy?
Things you hold out to the public:
(1) The sound of your voice,
(2) The style of your handwriting,
(3) The paint on the outside of your car,
(4) Account records held by a bank,
(5) Monitoring the location of your car on a public street or in your driveway,
(6) Anything that can be seen across the open fields,
(7) Anything that can be seen from flying over in the public airspace,
(8) The odors emanating from your luggage,
(9) Your garbage set out on the curb for collection
What are the two things required for a facially valid search warrant?
Probable cause and particularity.
What is the standard for probable cause and particularity in obtaining a search warrant?
Requires a fair probability that contraband or evidence of a crime will be found in the area search. The warrant must state with particularity the place to be searched and the things to be seized.
How is an informant’s credibility determined when he is the basis of a search warrant?
The sufficiency is determined by the totality of the circumstances. An informant’s credibility, and basis of knowledge are all relevant factors in making this determination. A valid warrant can be based in part on an informant’s tip even though the informant is anonymous.
When is “no knock” entry permitted?
If exigent circumstances exist: (1) an officer need not knock and announce if knocking would be be dangerous, futile, or inhibit the investigation. The biggest fear of inhibiting the investigation is the destruction of evidence.
