Criminal Procedure Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

Exclusionary Rule

A

Remedy where someone who has been the victim of an illegal search or a coercion confession con have the product of that illegal search or that coerced statement excluded from any subsequent criminal prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Limitations on Exclusion

A
  1. Doesn’t apply to grand jury proceedings
  2. Not available remedy in civil proceedings
  3. Exclusion not available in parole revocation proceedings
  4. Does not apply to the use of evidence for impeachment purposes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Fruit of the Poisonous Tree Doctrine

A

Will exclude illegally seized evidence, and ALL evidence obtained or derived from police illegality

Note: Does not apply to Miranda violations unless the police act in bad faith in obtaining such information

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How to Remove the “Taint”

A
  1. Independent Source
  2. Inevitable discovery
  3. Intervening acts of free will on the part of the Defendant
  4. Attenuation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Harmless Error Test

A

A conviction will be upheld if the conviction would have resulted despite the improper evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Fourth Amendment

A

Protects citizens from unreasonable search and seizure

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Arrests

A
  1. must be based on Probable Cause
  2. Arrest warrants are not generally required before arresting someone in a public place
  3. A non-emergency arrest of an individual in his home REQUIRES an arrest warrant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Station House Detention

A

Police need PC to arrest you and compel you to come to the police station either for finger printing or interrogation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Investigatory Dentition (Terry Stop)

A

The police have the authority to briefly detain a person even if they lack PC to arrest. In order to make such a stop, the police must have a Reasonable Suspicion supported by articulable facts of criminal activity. This is based on a totality of the circumstances.

Note - a mere hunch is not enough

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Automobile Stops

A

The police may stop a car if they have at least Reasonable Suspicion that the law has been violated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Traffic Stops and Police Dogs

A

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 inquires.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Search and Seizure Answer Frameworks

A

STEP ONE: Is there governmental conduct?

STEP TWO: Reasonable expectation of privacy?
- own or live on premises or are an overnight guest

STEP THREE: Did the police have a valid search warrant.

STEP FOUR: If the warrant is not valid, does an officer’s good faith defense save the defective search warrant?

STEP FIVE: Exceptions to Warrant Requirement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Valid Search Warrants

A

Must have:

  1. Probable Cause
    - A fair probability that contraband or evidence of a crime will be found in the area searched
  2. Particularity
    - The warrant must state with particularity the place to be searched and the things to be seized
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Warrants and the use of informants

A
  1. If an officer’s affidavit or probable cause is based on informant information, its sufficiency is determined by the totality of the circumstances
  2. An informant’s credibility (reliability), and basis of knowledge are all relevant factors in making this determination
  3. A valid warrant can be based in part on an informant’s tip even though that information is anonymous
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Four Exceptions to Good Faith Reliance

A
  1. Underlying affidavit is so lacking in PC that no reasonable police officer would have relied on it
  2. The Underlying affidavit is so lacking in particularity that no reasonable officer would have relied on it
  3. The police officer or prosecutor lied to or misled the magistrate when seeking the warrant
  4. If the magistrate is biased and therefore has wholly abandoned his or her neutrality
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Exceptions to Warrant Requirement

A
  • Search incident to arrest
  • Automobile Exception
  • Plain View
  • Consent
  • Stop and Frisk
  • Evanescent Evidence, Hot Pursuit, and Special Need Searches