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CA Bar > Criminal Procedure > Flashcards

Criminal Procedure Flashcards

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1
Q

4A Rule

A

The 4A prohibits unreasonable searches and seizures.

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2
Q

Elements for D to assert 4A violation

A

To assert a 4A violation, D must demonstrate 1) gov’t conduct, 2) reasonable expectation of privacy (REOP) in the place searched or thing seized, and 3) standing to assert their own rights.

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3
Q

4A seizure

A

A seizure occurs if, under the totality of the circumstances, a reasonable person would not feel free to leave

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4
Q

Types of 4A seizures

A

Traffic stops
Terry stops
Police checkpoints
Arrests

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5
Q

Traffic stop

A

Traffic stops are valid if the officer has reasonable suspicion or PC that a traffic law has been violated.

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6
Q

Terry stop

A

An officer can stop a person if they have reasonable suspicion that the person may be engaged in criminal activity. The Terry stop must be brief and only long enough to verify or dispel suspicions.

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7
Q

Police checkpoint

A

Police checkpoints are generally valid so long as 1) stop is conducted in a non-discriminatory manner, and 2) the purpose of the checkpoint isn’t for general crime prevention.

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8
Q

Arrest requirements

A

An arrest in D’s home generally requires an arrest warrant. However, an arrest warrant is not required to make an arrest in public so long as the officer witnessed a crime or has PC to believe that a crime has been committed.

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9
Q

4A search

A

To conduct a search, the gov’t must have a warrant supported by PC. Otherwise, the search must fall under an exception to the warrant requirement.

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10
Q

Probable cause

A

PC exists if it’s based on reasonably trustworthy facts that suggest a crime has occurred.

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11
Q

Warrant requirements

A

Warrants must be 1) supported by PC, 2) issued by a detached & neutral magistrate, and 3) describes with particularity the thing to be seized or place to be searched.

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12
Q

Warrant exceptions

A

(SPACES)
Search incident to arrest
Plain view
Automobile
Consent
Exigent circumstances
Stop & Frisk (Terry stop)

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13
Q

Search incident to arrest (SITA)

A

An officer may conduct a warrantless search in the immediate area around the arrestee.

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14
Q

Scope of SITA in home

A

The SITA exception includes protective sweeps of the arrestee’s home if the arrest was made at home.

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15
Q

Scope of SITA in car

A

The SITA exception includes a search of the vehicle if there is a reasonable belief that the vehicle has evidence of a crime.

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16
Q

Limitations of SITA

A

SITA does not permit a search of nearby cellphones or laptops

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17
Q

Plain view exception

A

an officer may seize an item w/o a warrant if 1) officer is lawfully on the premises, 2) incriminating nature of the item is immediately apparent, and 3) officer can lawfully obtain the item.

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18
Q

Automobile exception

A

officer can search anywhere in a vehicle so long as it’s supported by PC. This includes the trunk and locked containers.

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19
Q

Consent exception

A

D may consent to search so long as it’s voluntary, which is based on the totality of the circumstances.

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20
Q

Consent exception - co owner consent

A

A co-owner of the property can consent if D isn’t present.

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21
Q

Consent exception - 3P consent

A

A 3rd party who doesn’t own or live on the property can consent if they have apparent authority.

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22
Q

Exigent circumstances exception

A

No warrant is needed if the totality of the circumstances indicate an emergency circumstances such as pursuit or medical need.

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23
Q

Stop & Frisk (Terry stop) exception

A

The officer may pat down the detainee for weapons only if the officer reasonably believes the suspect might be armed and dangerous.

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24
Q

Stop & Frisk (Terry stop) exception - Plain feel

A

If the officer feels an object that is obviously contraband during pat down, the officer may seize it under the ‘plain feel’ exception.

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25
Q

Stop & Frisk (Terry stop) exception - Traffic stop

A

During a traffic stop, an officer can search for weapons in the passenger compartment only if there’s a reasonable suspicion that the detainee is dangerous.

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26
Q

5A rule

A

The 5A protects a person against compelled self-incrimination. This means that statements made during custodial interrogation are inadmissible unless D was properly apprised of their Miranda rights.

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27
Q

Custody

A

A person is in custody if they reasonably believe they are not free to leave.

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28
Q

Interrogation

A

Interrogation includes any conduct by officers reasonably likely to elicit a response from D.

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29
Q

When does 5A not apply?

A

The 5A does NOT apply to gov’t informants and police line ups.

30
Q

When must Miranda warnings be given?

A

Miranda warnings must be given before interrogation begins or given again after an interruption of long duration.

31
Q

Miranda warnings - D invokes right to silence

A

If D invokes the right to silence, all questioning must stop but officers may attempt to question again after some time has passed and new Miranda warnings are given.

32
Q

Miranda warnings - D invokes right to counsel

A

If D invokes the right to counsel, all questioning must stop and officers must wait for the requested counsel.

33
Q

Can Miranda rights be waived

A

YES, D may knowingly and voluntarily waive their Miranda rights.

34
Q

Miranda rights - Spontaneous statement

A

Any statement D makes voluntarily after invoking their Miranda rights is still admissible as a spontaneous statement.

35
Q

Exceptions to Miranda warnings

A

Miranda warnings are not required for routine booking questions and undercover police.

36
Q

Impeachment & Miranda warnings

A

If D’s statement given without Miranda rights is voluntary, then the prosecution can still use it to impeach D if D testifies.

37
Q

5A involuntary statement

A

Statements involuntarily given by D through coercion violate due process and are not allowed to be introduced into evidence against the D.

38
Q

6A rule

A

The 6A right to counsel automatically applies at all critical stages of prosecution after formal proceedings begin. The right attaches when the state initiates prosecution through an indictment or formal charges and ends at the sentencing stage.

39
Q

6A is offense specific

A

D can still be questioned about unrelated crimes without the presence of their attorney.

40
Q

6A effective assistance of counsel

A

The 6A right to counsel includes the effective assistance of counsel. If D alleges counsel was ineffective, D must show that the result of the criminal proceeding would have been different.

41
Q

Waiver of 6A right to counsel

A

D can waive their 6A right to counsel if 1) D understands the nature of the charges and the consequences of the proceedings, and 2) waiver is timely.

42
Q

6A confrontation clause

A

The 6A gives D the right to confront and cross examine witnesses testifying against them.

43
Q

Exclusionary Rule (ER)

A

The ER will suppress evidence obtained in violation of D’s 4A, 5A, or 6A rights. The ER will also suppress derivative evidence under the fruit of the poisonous tree doctrine.

44
Q

Fruit of the poisonous tree doctrine (FPT)

A

Under the FPT, derivative evidence discovered as a result of a primary violation against the D is also excluded unless an exception applies.

45
Q

Exceptions to FPT

A

Inevitable discovery
Independent source
Attenuation
Good-faith reliance

46
Q

Exception to FPT - Inevitable discovery

A

Inevitable discovery means that the derivative evidence would’ve been discovered regardless of whether the primary evidence was obtained lawfully.

47
Q

Exception to FPT - Independent source

A

Independent source means that the derivative evidence was discovered in part by a source independent of the unlawful primary evidence.

48
Q

Exception to FPT - Attenuation

A

Attenuation means the amount of time between the unlawful primary evidence and the derivative evidence breaks the chain of causation.

49
Q

Exception to FPT - Good faith reliance

A

Good-faith reliance permits the admission of derivative evidence if officers, in good faith, relied on 1) a facially valid warrant that was later found to be invalid, or 2) existing law that was later found unconstitutional.

50
Q

Double Jeopardy rule

A

D is protected against a 2nd criminal prosecution for the same offense after acquittal or conviction. D is also protected from multiple punishments for the same offense

51
Q

When does double jeopardy attach for a jury trial?

A

Jeopardy attaches once a jury is empaneled and sworn in.

52
Q

When does double jeopardy attach for a bench trial?

A

Jeopardy attaches once the first witness is sworn in to testify.

53
Q

Double jeopardy - Same sovereign rule

A

If 2 different sovereigns have jx, each can try D for the same offense. This means that D can be tried by 2 states, or by a state and the federal gov’t.

54
Q

Warrantless administrative searches

A

A statute can permit warrantless administrative searches of highly regulated industries if: 1) statute’s purpose involves a substantial gov’t interest (improving public health & safety), 2) warrantless searches are necessary to further the statute’s purpose, and 3) statute provides a constitutionally adequate substitute for a warrant (notifies property owner that searches are authorized and limits inspecting officers’ discretion concerning time/place/scope of search).

55
Q

Does a criminal D have REOP in bank records?

A

NO

56
Q

When can an officer seize an object during a Terry stop pat down?

A

an officer can only seize an object if it is immediately identifiable as a weapon, contraband, or evidence of a crime.

57
Q

Treatment of physical evidence obtained as a result of a non-Mirandized statement

A

physical evidence obtained as a result of the non-Mirandized statement is admissible so long as that statement was not coerced.

58
Q

How to circumvent the 5A privilege to compelled a witness to testify?

A

gov’t grants the witness use AND derivative use immunity. This prevents the witness’s testimony AND any evidence derived from it from being used against the witness in a criminal proceeding.

59
Q

When does 6A right to counsel attach to investigations of an uncharged crime?

A

6A right to counsel attaches to investigations of an uncharged crime if it constitutes the same offense as the formally charged crime.

60
Q

Does 6A right to counsel attach to investigations of an uncharged crime?

A

it does NOT attach to an uncharged crime that requires proof of an element that the formally charged crime does not.

61
Q

When should an indictment be dismissed?

A

An indictment should be dismissed if the statute of limitations for the crime has expired before a prosecution has commenced (e.g., with a grand jury indictment). A statute of limitations starts to run once all elements of the crime have occurred.

62
Q

When does a capital-sentencing scheme violate due process?

A

1) allows a jury to render an advisory sentence recommending the death penalty w/o specifically finding an aggravating circumstance, AND 2) permits the judge to then make that finding independently.

63
Q

General rule for death penalty of an accomplice to felony murder

A

An accomplice to felony murder who did not kill, attempt to kill, or intend to kill CANNOT be sentenced to death

64
Q

Exception to the general rule for death penalty of an accomplice to felony murder

A

Accomplice that didn’t kill, attempt to kill, or intend to kill can still be sentenced to death if 1) significantly participated in the commission of the underlying felony, and 2) acted w/ reckless indifference to human life.

65
Q

What does the 8A prohibit?

A

Cruel and Unusual punishment

66
Q

What constitutes cruel and unusual punishment?

A

Punishments that are inherently barbaric or those that are disproportionate to the crime.

67
Q

Cruel and unusual punishment - How is a punishment disproportionate?

A

If 1) the sentence imposed grossly exceeds the nature of the crime, OR 2) punishment violates a categorical rule based on the D’s characteristics and/or the nature of the crime

68
Q

What types of punishment does the 8A forbid for a juvenile defendant?

A

If the defendant was a juvenile (under 18) when the crime was committed, they cannot be imposed with 1) the death penalty, 2) mandatory life w/o parole for ANY offense, and 3) life w/o parole for nonhomicide offenses.

69
Q

Is a person in custody for purposes of Miranda during a traffic stop?

A

NO

70
Q

Is a person in custody for purposes of Miranda during a traffic stop if the officer asks the person to step outside the vehicle?

A

NO

CA Bar (14 decks)

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