Criminal Procedure Flashcards
What is required for a proper arrest?
A proper arrest is supported by probable cause.
What kinds of facts support probable cause for a traffic stop?
Facts supporting probable cause may come from a number of different sources including a police officer’s personal observations of a violation of law (including a traffic violation).
The constitutionality of a stop and arrest is not affected by the relatively minor nature of the violation or by the officer’s ulterior motive for making the stop.
Rather, the pertinent factors taken into consideration are whether or not there was probable cause to believe a traffic violation had occurred and whether or not state law authorized arrest for that particular violation.
Plain View Doctrine
Under the plain view doctrine, if an item is in public view, it may be seized without a warrant since there is no reasonable expectation of privacy for such an item.
Automobile Exception to Warrant Requirement
The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe it contains contraband or evidence of a criminal activity
Custodial Interrogation
Custodial interrogation is questioning initiated by law enforcement officers after a person has been taken into custody.
Custody can only be established if a reasonable person under similar circumstances would believe she was in custody.
Is a person under arrest in custody?
Yes, a person under arrest is in custody, so any questioning of the person under arrest would thus be custodial interrogation
What must precede questioning of a suspect under arrest?
Questioning of a suspect by a police officer subsequent to an arrest must be preceded by Miranda warnings and a waiver of the suspect’s Miranda rights are violated.
Does isolated negligence by law enforcement trigger the exclusionary rule?
No, isolated negligence by law enforcement does not trigger the exclusionary rule. The exclusionary rule is only triggered if the conduct of police is shown to be sufficiently deliberate and a pattern of conduct that exclusion would deter.
5th Amendment Right to Counsel
Interrogation of an arrestee must stop once the arrestee invokes the right to counsel under the 5th Amendment.
The interrogation must stop until counsel is present.
However, the right to counsel is not automatic. In order to invoke the right, the defendant must make a specific, unambiguous statement that he wishes to have counsel present.
If a suspect makes an ambiguous statement regarding the right to counsel, the police are not required to end the interrogation or clarify whether the suspect wants to invoke the right.
Holding in Miranda v. Arizona
In Miranda v. Arizona, the U.S. Supreme Court held that a suspect has a constitutional right under the 5th Amendment not to be compelled to make incriminating statements in the police interrogation process.
Any incriminating statement obtained as a result of custodial interrogation may not be used against the suspect at a subsequent trial unless the police provided procedural safeguards effective to secure privilege against self-incrimination by informing the suspect of her Miranda rights.
Then state how to invoke the right to counsel
Miranda Rights
Law enforcement officials must inform suspects of their right to consult an attorney and to have an attorney present during interrogation and that an attorney will be appointed to represent indigent defendants.
The warnings need not be verbatim repetition of the language in Miranda; they simply must “reasonably convey” the rights required by Miranda.
Is the questioning of a prisoner necessarily a custodial situation?
No, imprisonment alone does not necessarily create a custodial situation within the meaning of Miranda.
The questioning of a prisoner who is removed from the general prison population about events that took place outside the prison is not categorically “custodial” for Miranda purposes.
A standard, objective “totality of the circumstances” analysis applies when an inmate is interviewed, including consideration of the language that is used in summoning the prisoner to the interview and the manner in which the interview is conducted.
Can police re-open interrogation of a suspect who has asserted his 5A right to counsel?
Yes, police may re-open interrogation of a suspect who has asserted his 5A right to counsel if there has been a 14-day or more break in custody, such as the release back into the general prison population of a suspect who has been incarcerated for another crime.
In such situations, the officers must give fresh Miranda warnings and get a valid waiver before beginning questioning.
What is a testimonial statement?
Miranda protections apply only to testimonial or compelled communicative evidence by a suspect who is in custody and under interrogation.
To be testimonial, the communication must relate to a factual assertion or disclose information.
