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
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
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.
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
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)
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)
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
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
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
10
Q
Searches
A
Rule: government must have a warrant supported by probable cause OR search must meet an exception
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
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
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
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
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
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
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
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
Invoking Miranda rights
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
Exceptions to Miranda requirement
* 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
Consequences of 5A violations
* **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
6A Rights
* Right to counsel
* Right to confront witnesses
* Right to jury trial
* Right to speedy trial
* Right to public trials
29
6A right to counsel
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
Critical stage
* **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
Limitations on 6A right to counsel
* 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
Right to confront witnesses
* **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
Right to trial by jury
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
Right to a speedy trial
* 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
Identification procedures
* **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
Pre-trial rights
* **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
Double jeopardy
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
Same offense (double jeopardy)
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
Attachement
* Jury trials: jury is empaneled and sworn in
* Bench trials: first witness is sworn in
40
Exceptions permitting retrial
* 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
5A vs. 6A right to counsel
* **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
5A vs. 6A Interrogation
* **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
8A
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
Capital punishment
* **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)
