Criminal Procedure Flashcards
4th Amendment Issues
- Government Conduct/State Action
- Reasonable Expectation of Privacy
- Seizure of Persons
- Warrant Requirement and Exceptions
- Exclusionary Rule (Fruit of Poisonous Tree & Exceptions)
5th Amendment Issues
- Miranda Rights and Custodial Interrogation
6th Amendment Issues
Right to Counsel
Due Process Clause Issues
Lineups
Trial Consideration Issues
- Burden of Proof
- Sentencing enhancement issues
Post-Trial Consideration Issues
Double Jeopardy
Addt’l Issues
- Confrontation Clause
- Guilty Pleas
- Right to Discharge Atty & Substitute New Atty
- Right to represent oneself
- Right to separate trial from Co-Def
- Right to speedy trial
- Right to testify at trial
Fourth Amendment prohibits …
Unreasonable searches and seizures
What must Defendant show for claim under 4A?
- Government/police agency action (not private actors)
- Violation of Def’s reasonable expectation of privacy as to the places searched or items seized
What is a seizure of person?
Freedom of movement restrained by physical force or show of authority
Ask: Under totality of circumstances, would reasonable person not feel free to leave?
Types of Seizures
- Arrest
- Stop and Frisk (Terry)
- Police Checkpoint
- Traffic Stops
Warrants and Arrest
Usually requires warrant, unless officer has probable cause to believe felony has been committed
Stop and Frisk (Terry)
Reasonable suspicion someone engaged in criminal activity
Police Checkpoint
- Done in non-discriminatory manner
- Automobile-related reason for checkpoint
Traffic Stop
Reasonable suspicion or probable cause that traffic law has been violated
What is a search?
Government conduct that violates defendant’s reasonable expectation of privacy
Warrant Requirements
- Probable Cause
- Oath/Affidavit
- Neutral and detached magistrate
- Describe w/ particularity the places to be searched and items to be seized
Execution of Search Warrant
Knock and announce: police must knock and announce presence
Defective warrant: Good faith execution = no violation
Exceptions to Warrant requirement (ESCAPES)
- Exigent circumstances
- Search incident to lawful arrest (probable cause)
- Consent
- Automobiles
- Plain view
- Evidence from administrative search
- Stop and Frisk
Examples of Exigent Circumstances
- Hot pursuit
- Police/public safety
- Danger of destruction of evidence
Scope of search incident to lawful arrest
Defendant and immediate area (wingspan)
- Arrestee’s home, areas within reach or where others may be hiding
- Vehicle: Glovebox if within def’s reach or it is reasonable evidence of offense of arrest may be found
Automobile Exception
If probable cause to believe vehicle contains evidence of crime, police can search any part of vehicle believed to have contraband
Plain View Exception Requirements
- Lawful presence
- Item’s incriminating nature immediately apparent
Consent requirement
Voluntary
What is the exclusionary rule?
Evidence obtained as a result of government violation of 4th Amendment is excluded
- Extends to “fruit of the poisonous tree” evidence
Exceptions to Exclusionary Rule
- Inevitable Discovery
- Independent Source
- Passage of Time (Attentuation)
- Good Faith
What does the 5th Amendment guarantee?
No person shall be compelled to testify against himself in a criminal case (self-incrimination)
- Applies to testimonial evidence coercively obtained by police
When are Miranda warnings required
Prior to custodial interrgations
- Custody: reasonable belief not free to leave or otherwise deprived of freedom
- Interrogation: express questioning OR words/actions likely to elicit an incriminating response
Waiver of Miranda Rights
- Knowing
- Voluntary (no gov coercion)
-Requires affirmative statement; silence insufficient
Voluntary Statements
Miranda waived if given after warning read
- Def not required to be informed attorney trying to reach him
Invoking Miranda Rights
Right to counsel
Right to remain silent
Right to counsel (5th Amendment)
Must be unambiguously asserted; police must stop all questioning
- Police have no duty to clarify or provide counsel if invocation of right is ambiguous
Right to Remain Silent (5th Amendment)
Must be unambiguously asserted
Re-Approaching Defendant (5th Amendment)
After right invoked, police may not re-approach later (applies to counsel, not silence)
Exception: break in custody for 14+ days, police may re-approach Defendant, re-Mirandize, and try for waiver
Excluding voluntary confession
Not protected by Miranda; admissible
Excluding involuntary confession
Inadmissible for any purpose
How to determine voluntary vs. involuntary confession
Totality of circumstances
- Police conduct
- Def characteristics (age, edu, exp)
- Timing of statement
Excluding second confession
May be admissible if initial confession result of good faith mistake
- confession obtained in violation of Miranda, rights later read, Defendant waives and confesses again
Excluding voluntary statements in violation of Miranda
Inadmissible as substantive evidence, but can be used to impeach if inconsistent with later testimony
Excluding physcial evidence
Physical “fruits” of a voluntary confession can be admissible evidence
What does the 6th Amendment guarantee?
Right to counsel at all critical stages of prosecution AFTER formal proceedings begin; does not prevent police from police questioning re: other crimes that haven’t been charged
-Formal proceedings = indictment or formal charge
-Critical stage examples: post-charge in-person line-ups, questioning by gov informant
Requirements for waiving 6th Amendment rights
- Knowing
- Voluntary
Limits on Line-ups under Due Process
Must not be conducted in a manner that is
- Impermissively suggestive
- Provides substantial likelihood of misidentification
Trial Considerations - Sentencing
Any fact used to increase sentence beyond the statutory maximum must be charged and proved beyond a reasonable doubt
Exception: prior conviction
What does double jeopardy prevent?
- Prosecution for same offense after conviction or acquittal
- Multiple punishments for the same offense
Double Jeopardy; What is the Blockburger test?
Determines same vs. separate offenses
A separate offense means each crime contains an element the other does not
What is the purpose of the Blockburger test?
Prohibits multiple prosecutions of greater and lesser-included offenses
Defendant can be charged with greater and lesser-included offenses in same action, but cannot be convicted of both; lesser merges
