Criminal Procedure

Question 1

Govt Action & Standing

Answer 1

• Govt. Action – 4th Amend. grants a person protection from unlawful government searches and seizures.
  
  • Acts by private individuals are NOT protected.
• Standing – Is required to challenge a search. Person MUST have a reasonable expectation of privacy regarding the place or item searched.
  
  • Reasonable Expectation of Privacy = that which they own or possess (applies to overnight guest spaces).
• Supreme Court has held NO privacy rights for:
  (1) paint scrapings taken from a car; (2) bank account records; (3) anything visible from public airspace; (4) garbage left on the curb; (5) the sound of one’s voice; (6) odors; (7) handwriting; and (8) anything that can be seen in or across areas outside one’s home.

Question 2

Warrant Requirement (PSN / I-SCAPES)

Answer 2

• a warrant is required for all searches and seizures unless an exception applies.
• A valid search warrant requires:
  
  1. Probable cause – reliable info that evidence of illegality will be found;
  2. It must state with particularity the place and items to be searched/seized; AND
  3. Be issued by a neutral and detached magistrate.
• Evidence obtained without a valid warrant is excluded UNLESS it falls under an exception.
• Exceptions (I-SCAPES):
  
  1. Plain View Doctrine (PPL)
  2. Exigent Circumstances (HEEP)
  3. Automobile Exception (PC that contra/E of crime is in vehicle)(search whole vehicle/ need PC before search in a traffic stop)
  4. Search Incident to Arrest (search on person/area within reach)
  5. Consent (FVI)
  6. Inventory Search
  7. Stop & Frisk (RCW) (Plain Feel Doctrine)

Question 3

Privilege Against Self-Incrimination (5th Amend.) (C WIMP)

Answer 3

• protects the right to not incriminate oneself.
• only protects statements and acts that are communicative or testimonial in nature.
• Miranda Rights - attaches when suspect is in custodial interrogation.
  
  1. Right to remain silent;
  2. Anything said can be used against suspect;
  3. Right to an attorney;
  4. If can’t afford one then one will be appointed
• Statements made in violation of Miranda rights are subject to the Exclusionary rule.
• Custodial Interrogation:
  
  • Custodial - when suspect reasonably believes they are not free to leave
  • Interrogation - Police conduct that they knew or were likely to create an incriminating response
• Public Safety Exception: a limited interrogation without Miranda warnings IS ALLOWED when police reasonably ask questions due to public safety concern or safety of the officer (i.e. to secure a weapon).
• Invoking Miranda Rights – it must be clear and unambiguous. All questioning must stop and silence cannot be used at trial.
• Waiver of Rights: a valid waiver must be made knowingly, intelligently, AND voluntarily.
  
  • D must understand the nature of the right being waived and the consequence for waiving it.
  • Police failure to provide outside info DOES NOT invalidate a waiver (unless the info was essential to D’s ability to waive rights). (e.g. lawyer is outside waiting or victim died in hospital)
• Police may reinitiate questioning, after suspect invokes Miranda, if:
  
  1. Suspect is re-advised of his Miranda rights;
  2. Has provided a knowing and intelligent waiver; AND
  3. Either (a) counsel is present; (b) suspect initiates the communication; or (c) 14-days have passed since the suspect was released from custody.

Question 4

Double Jeopardy (J F BS)

Answer 4

• Prevents a D from being prosecuted twice for the “same offense”.
  
  • Blockburger Test: two crimes are NOT the “same offense” if each crime requires proof of a fact that the other does not (additional/separate elements).
  • A final judgment on a lesser offense bars prosecution of a greater offense on the same facts (e.g. robbery & larceny) UNLESS the greater offense: (a) did not exist at the time of trial; OR (b) was not discovered despite due diligence.
• Jeopardy attaches when jury is impaneled and sworn in. In bench trial, when first witness is sworn in.
  
  • Exceptions: (1) hung jury, (2) manifest necessity exists to end the trial, OR (3) trial is terminated at D’s request and it’s not an acquittal on the merits.

Question 5

6th Amendment Right to Counsel (WOOF)

Answer 5

• the accused has the right to counsel in ALL criminal prosecutions (except State misdemeanor prosecutions that do not carry a risk of jail time).
• Attaches once formal adversarial judicial proceedings are commenced (formal charge, preliminary hearing, indictment, arraignment).
• Once rights attach, a suspect CANNOT be questioned without a lawyer, and anything said is inadmissible (unless a valid waiver occurs).
• This right is offense-specific.
• Waiver of Rights – same as waiver under 5th Amend.

Question 6

6th Amendment Right to Jury Trial (MII)

Answer 6

• guarantees a criminal defendant the right to a jury trial for offenses with imprisonment greater than 6 months.
  
  • Minimum of 6 jurors is required, and a verdict normally must be unanimous.
  • Any fact (other than a prior conviction) that increases the maximum penalty for a crime MUST be submitted to a jury and proven beyond a reasonable doubt.

Question 7

Burden of Proof & Sufficiency of Evidence (CAPPS)

Answer 7

• Prosecution MUST prove every element of a crime beyond a reasonable doubt.
• Burden of proof CANNOT be shifted to D.
• Making D prove affirmative defenses is allowed.
• Presumptions for Jury Instructions – 2 types:
  
  1. Rebuttable Presumption (one that may be disputed or overcome by additional evidence)→ violates the Due Process Clause if it shifts the burden of proof to D.
  2. Irrebuttable Presumption (one that cannot be disputed or overcome)→is a per se violation of the Due Process clause.
• Sufficiency of Evidence – A court MUST enter a Judgment of Acquittal if the evidence is insufficient to sustain a conviction (when a reasonable jury would not find that each element was proven beyond a reasonable doubt).
  
  • D may move for a Judgment of Acquittal either: (a) at the close of its case-in-chief; OR (b) after the close of all evidence.

Question 8

Exclusionary Rule (V ELF)

Answer 8

• Evidence obtained in violation of D’s 4th, 5th, or 6th Amendment rights is inadmissible at trial.
  
  • All derivative evidence is also inadmissible under the fruit of poisonous tree doctrine.
• Exceptions – Exclusionary Rule DOES NOT apply if:
  
  1. Police had an independent source for the secondary evidence;
  2. Discovery of evidence was inevitable regardless of the illegality;
  3. Through the attenuation doctrine→when D’s free will is restored through passage of time or intervening events; OR
  4. Police relied in good faith on a defective warrant.
• Limitations on Miranda Violations – In addition to the above, the following limitations apply to Miranda violations:
  
  1. Not required to suppress the physical evidence found because of D’s statements (as long as statement was voluntary).
  2. Subsequent statements made after Miranda warnings are admissible UNLESS a previous statement was obtained through the use of inherently coercive police tactics offensive to Due Process.
  3. Statements in violation of Miranda may be used to impeach D on cross-examination.

Question 9

Due Process 14th Amendment

Answer 9

• A confession may be excluded at trial under the 5th, 6th, and/or 14th Amendments of the U.S. Constitution.
• It’s a violation of D’s rights if a confession is the product of police coercion that overbears the suspect’s free will.
  
  • Police MAY use coercive conduct (i.e. lying), as long as it doesn’t overcome D’s free will.

Question 10

MAP (5)

Answer 10

• 4th Amend. (2)
  
  • Govt. Action & Standing
  • Warrant Requirement (PSN) (I-SCAPES)
• 5th Amend. (3)
  
  • Privileges against self-incrimination (C WIMP)
  • Double Jeopardy (J F BS)
  • Burden of Proof
• 6th Amend. (2)
  
  • Right to Jury (MII)
  • Right to Counsel (WOOF)
• 14th Amend.
  
  • Due Process
• Exclusionary Rule
  
  • Exceptions
  • Limits on Miranda