Criminal Procedure Flashcards
Govt. Action – 4th Amend.
Grants a person protection from unlawful government searches and seizures.
−Acts by private individuals are NOT protected.
Probable Cause
(1) trustworthy facts or knowledge,
(2) sufficient to warrant a reasonable person to believe,
(3) that the person committed a crime.
− Officer DOES NOT need firsthand knowledge (it may be based on informant’s information).
− An arrest in/at someone’s home requires a warrant (unless exigent circumstances).
Stop & Inquire
Police must have:
(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot.
− Allows a brief detention for questioning.
Stop & Frisk
Police must have:
(1) a reasonable articulable suspicion,
(2) that criminal activity is afoot, and
(3) that the person has a weapon.
Plain Feel Doctrine
→during the frisk, police may only seize items reasonably believed to be contraband or a weapon.
Reasonable Suspicion
1) quantum of knowledge
2) sufficient to induce an ordinarily prudent and cautious person to believe
3) that criminal activity is at hand.
Warrant Requirement
– a warrant is required for all searches and seizures unless an exception applies.
A valid search warrant requires:
1) Probable cause – reliable info that evidence of illegality will be found;
2) It must state with particularity the place and items to be searched/seized; AND
3) Be issued by a neutral and detached magistrate.
Exigent Circumstances
– allows a warrantless search if:
a) evidence is evanescent (it will dissipate or disappear);
b) it’s necessary to prevent the imminent destruction of evidence;
c) the police are in hot pursuit of a felon and evidence is in plain view; OR
d) the emergency aid exception applies.
Miranda Rights
– attach when a suspect is in a custodial interrogation.
Custodial Interrogation
− Custody = the person reasonably believes they are not free to leave.
− Interrogation = police knew (or should have known) they were likely to elicit an incriminating response.
Statements / Acts Protected
– only protects statements and acts that are communicative or testimonial in nature.
− Crying is NOT a testimonial communication.
− Miranda rights DO NOT apply to spontaneous statements.
Public Safety Exception
– a limited interrogation without Miranda warnings IS ALLOWED when police ask questions reasonably prompted by a public safety concern or safety of the officer (i.e. to secure a weapon).
Invoking Miranda Rights
– it must be clear and unambiguous.
− Once invoked, police must stop ANY questioning. Additionally, D’s silence CANNOT be commented on at trial.
Police may reinitiate questioning if:
1) Suspect is re-advised of his Miranda rights;
2) Has provided a knowing and intelligent waiver; AND
3) Either
(a) counsel is present;
(b) suspect initiates the communication; or
(c) 14-days have passed since the suspect was released from custody.
Waiver of Rights
– a valid waiver must be made:
1) knowingly,
2) intelligently, AND
3) voluntarily.
− D must understand the nature of the right being waived and the consequence for waiving it.
Right to Counsel (6th Amend.)
– the accused has the right to counsel in ALL criminal prosecutions.
− Attaches→once formal adversarial judicial proceedings are commenced (formal charge, preliminary hearing, indictment, arraignment).
− Once rights attach, a suspect CANNOT be questioned without a lawyer, and anything said is inadmissible (unless a valid waiver occurs).
Right to Counsel (5th Amend.)
− Attaches when a suspect is in a custodial interrogation (Miranda rights).
− Suspect has the right to consult with an attorney and have one present during questioning.
Effective Assistance of Counsel (6th Amend.)
– D has the right to effective assistance of counsel.
− Includes the effective aid in preparation and trial of a criminal case.
Ineffective Assistance of Counsel
– D must show:
1) Counsel’s performance was deficient; AND
2) But for the deficiency, the result would be different.
*If shown, the verdict MUST be reversed, and D is entitled to a new trial.
Line-Ups
Due Process Clause (14th Amend.)→violated when a line-up is (1) unnecessarily suggestive, (2) resulting in a substantial likelihood of misidentification.
If violated→identification is inadmissible at trial. Absent improper police influence, an out-of-court identification is ADMISSIBLE.
Independent Source Rule regarding lineups
→an in-court identification is admissible at trial (even if a line-up is tainted) when it’s:
1) based on a witness’s previous knowledge;
2) trustworthy; AND
3) based on a previous transaction (i.e. the crime).
Limitations on Miranda Violations
▪ Limitation #1→Not required to suppress the physical evidence found because of D’s statements (as long as statement was voluntary).
▪ Limitation #2→Subsequent statements made after Miranda warnings are admissible UNLESS a previous statement was obtained through the use of inherently coercive police tactics offensive to Due Process.
▪ Limitation #3→Statements in violation of Miranda may be used to impeach D on cross- examination.
Right to a Jury Trial – 6th Amend.
guarantees a criminal defendant the right to a jury trial for offenses where imprisonment is greater than 6 months.
− Minimum of 6 jurors is required, and a verdict MUST be unanimous.
− Any fact (other than a prior conviction) that increases the maximum penalty for a crime MUST be submitted to a jury and proven beyond a reasonable doubt.
Competence to Stand Trial
D is competent to stand trial if he has:
1) a sufficient present ability to consult with his lawyer (able to assist in preparing a defense); AND
2) a rational and factual understanding of proceedings.
*D cannot be tried if deemed incompetent (but competence can be reassessed at a later date).
