Criminal Procedure Flashcards
Exclusion:
-fruit of the poisonous tree: definition; exceptions (5 of them); But
-fruit of the poisonous tree: prohibits the introduction of evidence obtained in violation of the 4th, 5th, or 6th Amendments.
-exceptions: (i) statements obtained in violation of Miranda;
(ii) independent source; (iii) inevitable discovery; (iv) intervening act of free will by D; (v) violation of knock and announce
*BUT: voluntary confessions in violation of Miranda are admissible to impeach and evidence from illegal search can impeach D’s trial testimony
good faith defense
reliance on (i) judicial opinion; (ii) statute or ordinance; (iii) defective search warrant
good faith negated
-if: (i) the affidavit is so lacking in probable cause that no reasonable officer would rely on it; (ii) warrant defective/invalid on its face; (iii) affiant lied or misled the judge; (iv) the judge wholly abandoned his judicial role
harmless error
-admission of illegal evidence will overturn conviction unless the government can show beyond a reasonable doubt that the error was harmless
Fourth Amendment: Search and Seizure:
-arrest
PC + warrant if D is in his home;
-stop in car requires reasonable suspicion, including checkpoint and pretextual stops
valid warrant
-particularity of place searched and things seized AND issued by a neutral and detached judicial officer.
challenge if
affiant intentionally and recklessly included a material false statement. *BUT good faith still applies
search and seizure analysis: (1); (2); (3)
(1) does the person have a 4th Amendment right? (government conduct and a reasonable expectation of privacy: requires standing, eg. ownership or living in premises search; overnight guest; but not items held out to the public)
(2) search warrant valid?
(3) is there an exception?
search incident to lawful arrest
search contemporaneous in time and place;
-limited to the wingspan of the individual
automobile search
-incident to arrest: interior compartment of car BUT not trunk
-probable cause: full search, including any containers
plain view
officer legitimately on the premises
consent
-voluntary and intelligent by someone who has apparent equal right of use and access
-valid search even if the individual did not have authority if the police reasonably believed that they did
stop & frisk
-stop if reasonable suspicion of criminal act supported by articulable facts;
-frisk if reasonable suspicion that suspect is armed and dangerous BUT limited to finding weapons
hot pursuit / Evanescent Evidence
may follow the suspect into the dwelling if in pursuit (should be within 15 minutes of suspect);
-may seize evidence that is likely to disappear
wiretapping
-if probable cause; named persons; description with particularity re: conversations; limited time; terminated when info is obtained; return to the court to show what was intercepted
Confessions:
-5th Amendment:
-Miranda is needed for CUSTODIAL interrogations (not free to leave)
-interrogations: reasonably likely to elicit a response
-an unambiguous assertion of right to attorney prohibits questioning unless the accused initiates resumption
*NOT offense specific
*voluntary confessions made in violation of Miranda are admissible to impeach
waiver
-must be knowing, voluntary and intelligent
6th Amendment
-right to counsel: post-charge at critical stages of the proceeding
*offense specific
14th Amendment
requires confession be VOLUNTARY
admissibility of co-D’s confession
-redact all portions referring to the other D;
-the confessing D takes the stand and is subject to cross;
-the confession of the non-testifying D is being used to rebut the D’s claim that his confession was obtained by coercion
Identifications: Grounds for Attack
-counsel
-6th Amendment for post charge line ups and show ups
*no right to counsel at photo ID
denial of due process
if unnecessarily suggestive or substantially likely to present mistake
remedy
-exclude in-court ID
*Negated if P can show adequate independent source of identification, including ample opportunity to observe person at the time of the crime
Double Jeopardy: definition
-attaches when the jury is sworn or, if no jury, first witness is sworn.
*does not apply to separate sovereigns
