Criminal Procedure Flashcards
- Need warrant if in home
- Warrant based on probable cause
- Probable cause is reasonable belief law was violated
Three Types of Allowed Routine Stops?
- Automobile: if reasonable suspicion based on objective standard
- Fixed checkpoints for compliance with laws
- Stop and Frisk: if reasonable suspicion supported by articulable facts
4th Amendment - Search and Seizure?
Prohibits unreasonable search and seizure; without warrant presumed unreasonable.
Three Reasonable Expectation of Privacy Scenarios?
- Open fields/flyover: generally fine because outside home in view of public
- Sensory Enhancing: only ok if availble to public and not invasive
- Dog Sniffing: cannot extend beyond reasonable time required unless reasonable suspicion
4th Amendment - Warrant Requirements?
- Probable cause
- Neutral magistrate
- Particularity
Generally, must knock and announce.
No Warrant Exceptions?
SPACES
1. Search Incident to Arrest: lawful arrest, within reach
2. Plain View
3. Automobile: only with probably cause it contains evidence/contraband; impound if arrested
4. Consent
5. Exigent Circumstances: destruction of evidence, injury to persons, hot pursuit
6. Stop and Frisk: reasonable suspicion, based on articulable facts, pat down only for weapons; plain feel doctrine
5th Amendment - Miranda Warnings?
- Right to remain silent
- Anything said may be used against
- Right to attorney
5th Amendment - Miranda Required If:
Custodial interrogation.
* Custodial = reasonable person would beleive not free to leave
* Interrogation = words/actions by police that they should know are reasonably likely to elicit incriminating response.
Suspect must be aware. Undercover agent is not custodial.
5th Amendment - Miranda Exception?
Public Safety prompted and related questions
5th Amendment - Re-Mirandize?
Only after 14 days after custody
5th Amendment - Waiver of Miranda?
Voluntary, knowlingly, intelligently. May be express or implied.
5th Amendment - Right to Counsel - How to invoke and result?
- Unambigious requirest by accused to invoke
- Police must stop all questioning without lawyer present
5th Amendment - Right Against Self-Incrimination?
Applies only to:
1. Testimony or communicative evidence
2. That could expose her to criminal liability
5th Amendment - Double Jeopardy?
- Cannot be tried for same offense twice
- Applies if jury or first witness sworn in
5th Amendment - Due Process
- Confession must be voluntary
- No unneccessarily suggestive identification
6th Amendment - Right to Counsel?
- Counsel at post-charge line up, show up, or sentencing.
- NOT for photo id, handwriting, fingerprints, physical evidence
6th Amendment - Ineffective Assistance of Counsel?
- Counsel performance deficient
- Based on reasonably competent attorney
- Requires different result but for deficient performance
6th Amendment - Confront Witnesses?
- Adverse/hostile witness
- Compel testimony or cross-examine
- Only for testimonial statements (not testimonial during on-going emergency)
- For co-defendant (if one confesses): redact statement or other D takes the stand for cross
6th Amendment - Right to Jury Trial When?
- Serious offenses
- With potential imprisonment of > six months
6th Amendment - # of Jurors?
- At least 6 but may be 12
- If 6, must be unanimous
- Federal crime: unanimous
6th Amendment - Not Fair Cross Section If:
- Group excluded is distinctive
- # in represented group not reasonable compared to # in community; and
- Systemic exclusion
6th Amendment - Right to Speedy Trial Balancing Factors?
- Length of delay
- Reason for delay
- Prejudice to D
- Time and manner in which D asserted right
6th Amendment - Right to Preliminary Hearing?
Right to if probably cause not established. May waive. Varies by jurisdiction.
Exclusionary Rule?
- Cannot use evidence if found in violation of D’s 4th, 5th, or 6th Amendment rights.
- D needs standing - must be her own rights violated (not someone else’s)
Fruit of the Poisonois Tree Doctrine?
Other evidence stemming from violation of 4th, 5th, and 6th Amendment rights also inadmissible.
Fruit of the Poisonous Tree Doctrine Exceptions?
- Indepedent Source - Could have been obtained
- Inevitable Discovery - Would have been obtained
- Purged taint - enough intervening factors to remove taint
Exlusionary Rule Limitations?
- Still can be used for impeachment
- Does not apply in civil, parole, or grand jury hearings
Good Faith Warrant Exception?
- Improper warrant results in 4th Amendment violation but evidence not barred if officers acted in good faith.
- Not applicable if lie, no probable cause, or defective on face
Voluntary Confessions?
- No police coercion
- Totality of the circumstances
- Mental illness irrelevant
Due Process: Identification?
- No unnecessarily suggestive ID of D
- Totality of circumstances
- ID unfair to defendant
Plea Bargain?
- Voluntary, intelligent
- No obligation to plea
- Judge does not have to accept
8th Amendment - Bail
Not excessive/unduely high.
Court considers:
1. Seriousness of offense
2. Weight of evidence against D
3. D’s financial abilities
4. D’s character
8th Amendment - Cruel and Unusual Punishment?
- Cannot be grossly disporoprtionate to crime
- No death for mentally handicap or minor
- Victim statemetns allowed during penalty phase
- Jury considers mitigating circumstances against death
