Criminal Procedure Flashcards
Seizure - definition
any exercise of control by a government agent over a person
occurs when a RP would not feel free to decline an officer’s requests
Arrest - definition
when police take a person into custody against their will for criminal prosecution or interrogation
4A Requirements for an Arrest
- Probable cause = trustworthy facts/knowledge sufficient for a RP to believe a suspect has committed or is committing a crime for which arrest is authorized under law
- Based on a totality of the circumstances
- A warrant is required for a nonemergency arrest of a person in their home
Investigatory Detentions - Requirements
-Police must have a reasonable suspicion of criminal activity
-Supported by articulable facts
+If have reasonable suspicion, can frisk detainee
Automobile Stops - Requirements
-Reasonable suspicion to believe a law has been violated (even if pretextual)
Note: a dog sniffing is not a search
Automobile Checkpoints/Roadblocks - Requirements
- Stop cars based on neutral, articulable standards
- Must be designed to serve purposes closely related to a particular problem for automobiles
4A Standing - where people have a reasonable expectation of privacy
- If own/have a right to possess the place searched
- If place searched is their home
- If person is an overnight guest of the owner of the place searched
Requirements for a valid search warrant
probable cause
particularity
Requirements to hold a search warrant on the basis of an affidavit invalid
- false statement was included in the affidavit by the affiant
- affiant intentionally or recklessly included the false statement
- the false statement was material to the finding of probable cause
Primary exceptions to warrant requirement (6)
Incident to constitutional arrest Automobile Plain View Consent Stop and frisk Hot pursuit/evanescent evidence/emergency aid
Warrant exception: search incident to constitutional arrest
- valid arrest
- contemporaneous in time and place
- can search the person and their wingspan
Glove compartment: can search if the arrestee is unsecured and can still gain access OR reasonably believe evidence of the offense arrested for is in the vehicle
Warrant exception: automobile
- Probable cause to believe that the automobile contains the fruits, evidence, or instrumentality of a crime
- Can search the whole vehicle (in relation to what expect to find)
Warrant exception: plain view
- Police have a right to be where they are
- See evidence, fruits, or instrumentalities of a crime
- In plain view
- Have probable cause to believe it is evidence, contraband, fruit, instrumentality
Warrant exception: stop and frisk
STOP: Articulable and reasonable suspicion of criminal activity
FRISK: Can pat down outer clothing, seize any item that an officer reasonably believes is contraband based on its “plain feel”
Automobile: if a vehicle is stopped for a traffic violation, and officer reasonably believes a driver/passenger is armed and dangerous; can (1) conduct a frisk of person + (2) search the vehicle
6th Amendment Right to Counsel
After judicial proceedings have begun
Right to counsel in all critical stages of a criminal prosecution
-Offense-specific; can be waived knowingly and voluntarily
Miranda warnings - when required + relevant definitions
Under 5A, required prior to a custodial interrogation
Custody: 1) would a reasonable person feel free to terminate/leave? 2) does the environment present the same coercive pressures as station house questioning?
Interrogation: is the conduct likely to elicit an incriminating response?
Miranda - what must police do if invoke right to remain silent/attorney?
Right to remain silent: police must scrupulously honor request and cannot badger. May later resume questioning on another crime.
Right to attorney: police must scrupulously honor request. All questioning must cease until attorney present or suspect reinitiates.
Exclusionary rule - definition
-Prohibits introduction of evidence in violation of a defendant’s 4, 5, 6A rights , as well as any evidence from the exploitation of the unconstitutionally obtained evidence (fruits of poisonous tree)
Exceptions to fruit of the poisonous tree doctrine (5)
Fruits from statements obtained in violation of Miranda warnings
Evidence obtained from an independent source of the illegality
Evidence obtained due to intervening acts of free will by the defendant (remote causal connection between illegality + obtaining)
Evidence that would have been inevitably discovered
Violations of knock and announce rule
Speedy Trial right - factors considered, when attaches
LRAP
Length and reason for delay
Whether defendant asserted the right
Prejudice to the defendant
Attaches: once the defendant has been arrested/charged
Right to public trial - pretrial proceedings vs. trial
Pretrial: presumptively open, but suppression hearings may be closed under limited circumstances
Trial: press and public have a 1A right to attend
Right to jury trial: length of sentence
More than 6 months’ prison sentence authorized
Right to jury: number of jurors
Minimum 6, unanimous verdict
Right to counsel: 5A vs. 6A
5A: Before charges, right to an attorney for questioning
6A: After charges, offense-specific
