Criminal Procedure Flashcards
Would a demand for blood sample or voice represent a violation of the Fifth Amendment’s protection against compulsory self-incrimination?
Neither the blood sample nor the voice sample are testimonial evidence, which is the only type of evidence the Fifth Amendment right against self-incrimination protects.
When does the untimely disclosure of evidence favorable to the defense (including impeachment information) violate the Constitution?
The untimely disclosure of evidence favorable to the defense (including impeachment information) violates the Constitution if the evidence would have created a reasonable probability of a different outcome had it been disclosed earlier.
Will an unlawful arrest result in a dismissal of the charges?
No, an unlawful arrest may result in suppression of evidence, but not necessarily the charges.
Can a confession after an unlawful arrest still be valid?
Yes, a voluntary confession made after an unlawful arrest will not automatically be suppressed. Note, however, that the unlawfulness of the arrest may be considered as a factor when determining whether a confession was truly voluntary. If the confession is too closely tied to the illegal arrest, it may be suppressed.
Will a warrant missing specification of which particular items to be seized, but well supported by an affidavit containing such specification, be valid?
No, a warrant must have on it all the essential elements such as specific items to be seized and the source of information used to establish its reliability.
What is the difference in terms of expectation of privacy between a pretrial detainee and a convicted prison inmate?
A pretrial detainee may have a limited expectation of privacy in his cell, but a convicted prison inmate has no reasonable expectation of privacy in his cell.
Does a warrant need to describe the triggering condition for the seizure?
No, it does not.
Will a shirt be qualified as evidence to be seized under the plain view doctrine?
Yes.
Should a shirt be additionall specifically described in a warrant already stating “fruits or instrumentalities” of the robbery?
Yes.
What is the standard applicable to strip searches in public schools?
A search conducted by local public school personnel of a student must be based on reasonable suspicion that the search will produce evidence that the student is or has violated school rules. It must also be reasonable in its scope in light of the student’s age and gender and the nature of the infraction.
Once a passenger leaves a car, will the police be able to seizure this person if there was probable cause to seizure the car and/or its driver?
No, in a hit and run, for example, the probable cause would probably be limited to the driver. A passenger could be interrogated/searched only if still in the car.
What are the requirements for police to setup checkpoints/stopping cars?
a) info about others, b) important public interest, c) tailor to minimally interfere
(i) the checkpoint stop’s primary law enforcement purpose is to elicit evidence to help them apprehend not the vehicle’s occupants but other individuals;
(ii) the stop advanced a public concern to a significant degree; and
(iii) the police appropriately tailored their checkpoint stops to fit important criminal investigatory needs and to minimally interfere with liberties protected by the Fourth Amendment
Can a person being hold several hours in a police station interpret the situation as being interrogated?
Yes.
Do resident aliens have 5th amendment (Miranda) warning rights?
Yes.
When can a statement obtained in violation of Miranda be used in a trial?
Statements taken in violation of Miranda may be used to impeach the credibility of the criminal defendant, if the defendant takes the witness stand and gives testimony at variance with previous admissions. Such statements may not be used as direct evidence, however.
Will taking handwriting samples require the presence of an attorney after indictment?
No, because the taking of a handwriting exemplar, even after a defendant has been charged or indicted, is not a critical stage of the criminal proceedings that requires the presence of counsel.
When is a Defendant entitled to her attorney of choice? What is the sanction for violation of such right?
A defendant is constitutionally entitled to be represented at trial by a qualified attorney of the defendant’s choice, where that attorney is not provided by the state. The sanction for violation of this Sixth Amendment right is reversal of the defendant’s conviction.
When can a statement obtained in violation of 6th amendment rights (e.g.: informant in cell eliciting information) be used in a trial?
A criminal defendant’s Sixth Amendment right to counsel applies once formal proceedings against the defendant with regard to a specific crime have been initiated. Once such proceedings have begun and the defendant has counsel, the police may not seek, either directly or through the use of an informant, to elicit incriminating information from the defendant about that crime without the presence of the defendant’s attorney. However, even where a voluntary confession is obtained in violation of a defendant’s Sixth Amendment right to counsel, such confession may be used at trial to impeach the defendant’s testimony.
Can a presumption in an instruction given to the jury in a criminal case contain “shall”?
No, the U.S. Supreme Court has held it to be a violation of due process for a judge to give a mandatory jury instruction in a criminal case on an element of the charged crime. The instruction is unconstitutional because the phrase “shall be presumed” could be interpreted by the jury as shifting the burden of proof to the defendant or as requiring the jury to find an element of the charged crime, neither of which is permissible.
