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MEE > Criminal Procedure > Flashcards

Criminal Procedure Flashcards

1
Q

Fruit of the poisonous tree

A

Evidence derived from primary tainted evidence; will also be excluded unless an exception applies

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2
Q

Exclusionary rule

A

Court-created remedy for violation of 4/5A. Will suppress evidence obtained in a violation of defendant’s 4/5A rights; applicable to states via 14A.

Note: does not apply to isolated negligence by LEO, “knock and announce violations,” or witness in-court identifications

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3
Q

Fruit of the poisonous tree exceptions

A
  • Inevitable discovery: evidence would have been discovered whether or not the police acted unlawfully
  • Independent source: discovered in part by a source unrelated to tainted evidence
  • Attenuation: amount of time/events break the chain of causation from tainted evidence (“the taint dissipates”)
  • Good-faith reliance on a facially valid warrant later struck down (objective standard)

Note: the state bears burden of showing exception applies.

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4
Q

4A

A

Protects persons from unwanted searches and seizures by the government.

  • Governmental conduct: by law enforcement or an agent acting at law enforcement’s direction
  • Reasonable expectation of privacy in the place searched/item seized
  • Standing: can only assert own rights
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5
Q

Places where there is/isn’t a reasonable expectation of privacy

A
  • Yes:
    • Home + curtilage
    • Hotel room
    • Another’s home if overnight guest
    • Business premises
  • No:
    • Objects held out to the public (voice, smell, plain sight)
    • Garbage left on curb
    • Exception: LEO had to intrude on private property to obtain information (e.g., affixing GPS to car)
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6
Q

Seizure of a person

A
  • Occurs when the officer physically touches a subject or the subject submits to officer’s show of authority
  • Test: a reasonable innocent person would not have felt free to decline officer’s requests or end the encounter

Note: police pursuit/car chase is not a seizure unless there is an intentional use of force (like forcing vehicle off the road)

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7
Q

Detention (Terry stop)

A
  • Officer must have reasonable suspicion to investigate, supported by articulable facts
    • “Hunch” will not suffice
  • Detention must be brief, only long enough to verify or dispel suspicions giving rise to the stop
  • For officer safety, may frisk D for weapons if he believes D may be armed
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8
Q

Arrest

A
  • Officer must have probable cause to believe arrestee has committed a crime
  • Warrant required:
    • Arrest at D’s home
    • Arrest at another’s home, absent consent or exigent circumstances
  • No warrant required:
    • Arrest in public AND
    • Crime was committed in the officer’s presence OR
    • Crime was committed outside the officer’s presence, but was a felony
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9
Q

Traffic stop

A
  • Officer must have reasonable suspicion that a law has been violated
  • Pretextual stops are OK
  • Checkpoint stops (without reasonable suspicion) allowed if everyone is pulled over
  • During the stop:
    • Driver and occupants may be ordered out of the car
    • A frisk of driver/passengers for weapons is permissible if officer has reasonable suspicion they may be armed
    • Limited search of passenger compartment for weapons is allowed
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10
Q

Searches

A

Rule: government must have a warrant supported by probable cause OR search must meet an exception

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11
Q

Probable cause

A

Knowledge of reasonably trustworthy facts and circumstances to believe…

  • The arrestee has committed a crime (arrests)
  • The items sought are fruits of a crime (searches)

Note: anonymous tip ≠ probable cause

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12
Q

Warrant requirements

A
  • Supported by probable cause
  • Issued by a neutral, unattached magistrate
  • For searches: describes with particularity the place to be searched and the items to be seized
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13
Q

Warrant execution

A
  • Must be executed by officer without unreasonable delay
  • Knock and announce: officer must announce presence before entering, unless exigency applies
  • Can detain, but not search, other individuals if they are in the immediate vicinity
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14
Q

Exceptions to warrant requirement (searches)

A

“ESCAPES”

  • Exigent circumstances
  • Search incident to arrest
  • Consent
  • Automobile exception
  • Plain view
  • Evidence from administrative search
  • Stop and frisk
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15
Q

Exigent circumstances

A
  • Officers are entitled to secure premises (prevent people from moving things or leaving)
  • If in hot pursuit or there is immediate danger (including destruction of evidence) may conduct a search without warrant
  • Does not apply when police created the exigency
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16
Q

Searches incident to arrest

A
  • General rule: Officers may make a contemporanous search in order to
    • Protect officers from weapons or other dangers
    • Prevent destruction or concealment of evidence
  • Scope:
    • On the street: wingspan
    • At home: suspect’s body and immediate surroundings
    • In car:
      • Passenger compartment (not trunk) if arrestee is unsecured
      • Entire vehicle if LEO has reason to believe that evidence related to the offense justifying arrest may be found in the car
  • Cell phones: can seize and check phone for physical dangers, but need warrant to access digital information
  • Inventory search: when police arrest a driver and impound his car, can conduct a routine inventory search
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17
Q

Consented to search

A
  • Voluntary and intelligent waiver based on totality of circumstances
  • Jointly owned property: co-owner can consent if D is not present
    • Physically-present D’s refusal will trump co-owner’s consent
    • D cannot be moved to circumvent his refusal
  • Third party: can consent if has apparent authority over premises
    • Landlords, hotel staff do not have apparent authority until D vacates
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18
Q

Automobile searches

A
  • Justification:
    • Probable cause to believe criminal evidence is in car
    • Probable cause can ripen from a stop supported by reasonable suspicion
  • Scope:
    • Whole car
    • Closed containers (size limited to where evidence could be)
    • Any contents, including passenger luggage
    • If probable cause to believe automobile itself is contraband, can seize it without warrant
19
Q

Plain view

A
  • The officer is lawfully on the premises
  • The incriminating character of the item is immediately apparent
  • The officer has lawful access to the item

Note: can’t move item for a better view

20
Q

Evidence from administrative searches

A

No warrant, probable cause, or reasonable suspicion required. Purpose is not crime control, but scope and purpose need to be reasonable.

  • Administrative warrants (e.g., fire or health inspections of a building)
  • Warrantless administrative searches; used to ensure compliance with various
    administrative regulations. Examples:
    • Airplane boarding areas
    • International borders
    • Highly regulated industries (liquor stores, gun shops, etc.)
    • Searches of students in public schools
    • Special needs searches; e.g., drug testing of railroad employees after an accident
    • Roadblocks for drunk driving or seeking information
21
Q

5A

A

Protects a person against compelled self-incrimination. Triggered by statements made in custody and in response to interrogation.

  • Applies only to testimonial evidence, not physical evidence
22
Q

Custody

A
  • Formal arrest OR
  • Situation where a reasonable person would not have believed he could leave
23
Q

Interrogation

A

Words or conduct reasonably likely to elicit an incriminating response

  • Volunteered/spontaneous statements are not interrogation (but follow-up requests for clarification may be)
  • Routine booking questions are not interrogation
24
Q

Miranda warnings

A
  • Court-created procedural safeguards against self-incrimination
  • Must be made before custodial interrogation
  • Contents (verbatim warning not required):
    • Right to remain silent
    • Any statement made may be used against D in court
    • Right to consult attorney and have attorney present during questioning
    • Right to be appointed attorney if D cannot afford one
    • Must ask D if they understand rights
25
Q

Invoking Miranda rights

A

Invocation must be specific, unambiguous, and affirmative (merely refusing to talk will not prevent further questioning)

  • Right to remain silent
    • Questioning must stop
    • May attempt to question suspect after substantial period of time has passed and new warnings are given
  • Right to attorney
    • Questioning must stop until counsel arrives
    • Cannot re-approach suspect
    • Police do not have to tell suspect that a lawyer is trying to reach them
26
Q

Exceptions to Miranda requirement

A
  • Public safety at risk
  • Routine booking questions
  • Undercover police
    • Do not have to Mirandize a suspect who is unaware the interrogator is a police officer; officer posing as criminal to elicit confession is allowed
27
Q

Consequences of 5A violations

A
  • Involuntarily obtained statements: never admissible against D
    • Includes statements made as a result of coercion
    • Violate due process
    • Physical evidence obtained as a result is FOPT
  • Voluntary statements in violation of Miranda: inadmissible for prosecution’s case in chief
    • May be used to impeach D
    • Physical evidence obtained in violation of Miranda is admissible
28
Q

6A Rights

A
  • Right to counsel
  • Right to confront witnesses
  • Right to jury trial
  • Right to speedy trial
  • Right to public trials
29
Q

6A right to counsel

A

Guarantees a criminal D the right to counsel at all critical stages of the proceedings against him.

  • Remedy for violation:
    • Pre-trial: harmless error
    • During trial: reverse conviction

Note: D can waive right to counsel if knowing and intelligent (i.e., represent self pro se)

30
Q

Critical stage

A
  • Always includes:
    • Hearings
    • Post-indictment line-ups
    • Post-indictment interrogations
  • Does not include:
    • Investigatory stages
    • Pre-charge lineup
    • Photo array
    • Body sampling
    • Parole/probation hearing

Right attaches automatically when formal judicial proceedings have begun

31
Q

Limitations on 6A right to counsel

A
  • Only available if D faces prospect of jail time (not applicable to misdemeanors with no threat of jail time)
  • Offense specific: D can be questioned without counsel for separate charges
32
Q

Right to confront witnesses

A
  • Rule: D has a right to confront adverse witnesses in order to observe their demeanor and have an opportunity to cross-examine
  • Applies when:
    • Evidence is testimonial (sought for use at trial rather than assisting in emergency)
    • Declarant is unavailable
    • D did not have a prior opportunity to cross-examine declarant
  • Statements or confessions by non-testifying co-defendants are inadmissible
33
Q

Right to trial by jury

A

Guaranteed for serious offenses (where punishment is incarceration for > 6 months)

  • Minimum of 6 jurors
  • Verdict must be unanimous
  • Right to select jury from a representative cross-section of community (venire), but no guarantee that jury will be a fair cross section
34
Q

Right to a speedy trial

A
  • Applies between trial and first of arrest or indictment via 6/14A
  • Court will consider:
    • Length of delay
    • Reason for delay
    • Whether defendant wavied right
    • Risk of prejudice to defendant
  • Remedy for violation:
    • Dismissal charges with prejudice
35
Q

Identification procedures

A
  • Photo arrays: no right to counsel
  • Lineups:
    • Pre-indictment: No 6A right to counsel
    • Post-indictment: 6A right applies; remedy for violation is exclusion
  • Admissibility: violates due process if
    • Impermissibly suggestive AND
    • Substantial likelihood of misidentification/evidence is unreliable
  • In-court ID: allowed if
    • Witness had an opportunity to observe D at time of the crime
    • State must show independent reliability by CCE
36
Q

Pre-trial rights

A
  • Probable cause hearing: within 48 hours of arrest to determine whether D can be held
  • Bail: No constitutional right, but cannot violate due process
  • Guilty pleas: must be knowing and voluntary. Judge must certify on record that D understands:
    • Nature of charge
    • Maximum and minimum penalties
    • Right not to plead guilty
    • Plea = waiver of trial
37
Q

Double jeopardy

A

Via 5/14A, D is protected against:

  • Second criminal prosecution after acquittal or conviction for the same offense
  • Multiple punishments for the same offense

Note: does not apply to civil actions

38
Q

Same offense (double jeopardy)

A

Offenses are distinct if:

  • Each crime contains an element that the other does not
  • Separate sovereign rule: D can be tried by two states with jurisdiction, or by state and federal government
  • Statute provides that conviction for lesser included offenses is OK
  • New evidence for greater offense has become available since first prosecution
39
Q

Attachement

A
  • Jury trials: jury is empaneled and sworn in
  • Bench trials: first witness is sworn in
40
Q

Exceptions permitting retrial

A
  • Breach of plea bargain (by P or D)
  • Retrial after D’s successful appeal (unless grounds for reversal is insufficient evidence)
  • Trial is aborted for manifest necessity (e.g., medical emergency)
  • Trial is terminated by misconduct of defense counsel
  • Mistrial based on jury deadlock
41
Q

5A vs. 6A right to counsel

A
  • 5A
    • Attaches when right to attorney is specifically invoked before formal charges
    • Not offense-specific
  • 6A
    • Attaches to critical stages after formal charges
    • Offense-specific (but note, questioning about uncharged offense may violate D’s 5A
42
Q

5A vs. 6A Interrogation

A
  • 5A:
    • Custodial interrogation requires Miranda warning
    • Undercover officer may solicit info without warnings
  • 6A:
    • After charges, no interrogation outside presence of counsel
    • Undercover officer may not elicit statements about offense for which D was indicted
43
Q

8A

A

Prohibits cruel or unusual punishment—penalties that are grossly disproportionate to the seriousness of the offense committed

  • SCOTUS has basically granted free reign for length of sentences
  • Exception: juvenile defendants (at time of crime) cannot generally be convicted of life sentences without parole
44
Q

Capital punishment

A
  • Available only when victim dies
    • Felony murder will suffice if D was a major participant
    • Considered “disproportionate” to execute absent death of victim
  • Cannot be imposed
    • Automatically by statute
    • On defendants who are
      • Juveniles (at time of offense)
      • Cognitively impaired
      • Insane (at time of execution)

MEE (11 decks)

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