Criminal Procedure Flashcards
When the prohibition against unreasonable searches and seizures is tested, what amendment is implicated?
The Fourth Amendment.
When does a person have standing to raise a Fourth Amendment challenge?
When he has an expectation of privacy in the thing searched or seized.
Define: Fourth Amendment Search and Seizure Elements
The Fourth Amendment applies to:
- Searches or seizures;
- Conducted by government agents
- In areas where the complaining individual has a reasonable expectation of privacy
Note: An agent usually needs a warrant to conduct a search or seizure, but there are many exceptions.
What are some exceptions to the Fourth Amendment protections against unreasonable searches and seizures?
- Exigent circumstances
- Search incident to arrest
- Consent
- The automobile exception
- Plain view
- Inventory searches
- Special needs
- Terry stops/frisks
When can officers seize an item without a warrant under the Plain View exception?
- Officers are lawfully in a position from which they view an object;
- Its incriminating character is immediately apparent; AND
- The officers have a lawful right of access to it.
Define: Terry Stops and Frisks
The Fourth Amendment permits detention of an individual for a brief period of time if the police have “reasonable, articulate suspicion” that the individual has been recently involved in criminal activity.
What are the differences between confessions under the Fourteenth, Sixth, and Fifth Amendments?
Fourteenth: Voluntariness of confession under the Due Process Clause
Sixth: Right to counsel after judicial proceedings have begun
Fifth: Right to counsel and right to remain silent (Miranda) when subjected to a custodial interrogation
What is the standard for excluding a confession under the Due Process Clause?
- Whether the police subjected the suspect to coercive conduct; AND
- Whether the conduct was sufficient to overcome the will of the suspect.
Neither the confession nor the fruits of the confession can be admitted if the Fourteenth Amendment is violated.
When are an individual’s Sixth Amendment rights violated?
Any attempts to deliberately elicit an incriminating statement about the offense that the defendant was charged with, in the absence of counsel or a knowing, intelligent, and voluntary waiver, violates the Sixth Amendment.
Introductory Sentence: Fifth Amendment Rights
Law enforcement officers are required to read Miranda warnings to a suspect when the suspect is subjected to a custodial interrogation.
Miranda warnings are not required if the questions are intended to protect _____ _____.
Public safety.
E.g., to secure weapons after a shooting
When is a subject in custody?
A subject is in custody if there is a formal arrest, or a restraint on freedom of movement to the degree associated with a formal arrest.
What is an interrogation?
An interrogation includes questioning initiated by law enforcement officers or any words or actions that the police should know are reasonably likely to lead to an incriminating response from the subject.
What constitutes a valid Miranda waiver?
In order to waive their Miranda rights, the suspect must make a “knowing, intelligent, and voluntary” waiver.
This is a low bar.
What constitutes a valid Miranda invocation?
In order to invoke their Miranda right to remain silent and right to counsel, the suspect must be explicit, unambiguous, and unequivocal in making the request.
E.g., “I think I need a lawyer” is not enough
