Criminal Procedure Flashcards
What is the Exclusionary Rule?
Evidence obtained in violation of defendant’s constitutional rights is inadmissible.
What is Fruit of the Poisonous Tree Doctrine?
All evidence derived from inadmissible evidence is inadmissible.
What are exceptions to the ER (i.e., when does the taint of derivative fruit “dissipate” and such evidence may be used?)
- Grand jury hearing
- Good faith reliance on warrant
- Certain knock and announce violations
- Independent evidence source or “rediscovery”
- Inevitable discovery
- Intervening act of free will by D
- Use for impeachment
- Attenuation from initial illegality
- Miranda violations (evidence only)
What does the 4th A do?
Protects against unreasonable search and seizure by govt and its agents
What must an informant’s tip meet?
Totality of the circumstances test: practical, common-sense considerations showing probability of criminal activity based on informant’s veracity, basis of informant’s knowledge, and corroboration from police investigation predictive information showing insider knowledge.
What must a defendant show to attack warrants?
Material false statements made intentionally or recklessly (negligently is ok), and facts must be recent and not based on a hunch or reputation
What is the mere presence doctrine?
People present on premises of a search are excluded without probably cause, reasonable suspicion, or identification in the warrant
What is knock and announce?
Police must give notice and wait a reasonable time before entering to execute a warrant unless they have reasonable suspicion that announcing will lead to endangering officers, evidence destruction, or futility
What is a seizure warrant?
A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items.
What is necessary for a Terry Stop and Frisk?
Stop: reasonable suspicion - specific and articulable facts that lead to a rational inference that criminal activity is afoot
Frisk: suspect the person may be armed and dangerous
When may deadly force be used in seizure (of a suspect)?
- Objectively reasonable circumstances are necessary to prevent escape
- Probable cause to believe that the suspect poses a significant threat of death or serious injury
- Warning given when feasible
When may police search a vehicle incident to arrest?
- Can search inside the vehicle incident only when arrestee is unsecured and within reaching distance of a compartment (excluding the trunk unless there is PC)
- Whole vehicle if reasonable belief that evidence relevant to the crime might be found in the vehicle
What is the 5th A?
privilege against self-incrimination protects against government-coerced confessions
What are derivative and transactional immunity?
Derivative: testimony and evidence derived therefrom cannot be used against D
Transactional: complete protection from prosecution for self-incriminating testimony
14th A and voluntariness
For a self-incriminating statement (such as Δ’s admission) to be admissible under 14th Amendment DPC, it must be free and voluntary as determined by TOTC (not motivated by police coercion or official pressure)