Criminal Procedure Flashcards
Criminal Procedure
what procedures must the government adhere to in order to effectively prosecute crimes
4th amendment
prohibits unreasonable searches and seizures
most frequently litigated constitutional provision
if an officer violates a warrant you can sue them personally
fishing expedition
searching w/o knowing what it is you are searching for
warrant must..
be issued upon probable cause
probable cause is not proof but rather a reason to think crime has occured
Katz
the environment of the phone booth should be temporarily treated as property
Us v. White
held that there was no reasonable expectation of privacy. if you are sharing intent of crime with others you must acknowledge the risk associated with it
Probable cause
general
reasonable likelihood that illegal activity is occuring or has occured
probable cause
for stops
officers must have particularized and objective basis for subjecting the person stopped
Arrests
in public
need probable cause but not always a warrant (although it is advisable)
Arrests
in home
(or place of reasonable expectation of privacy)
need probable cause and a warrant
the only time a warrant is not necessary is if there are emergency circumstances
exclusionary rule
created in 1914; if the government or its agents violates search and seizure to obtain evidence, that evidence is not admissable in court
exclusion of evidence deters police misconduct
judicial integrity
courts should not allow use of illegaly obtained evidence
created in weeks v. us(1914)
Warrant exceptions
basis upon which officers can act without warrant; emergencies
warrant exception
consent
person with authority to consent voluntary consents to search
warrant exception
Plain view
officer sees evidence of a crime or contraband in plain vieq
(eliminates expectation of privacy
warrant exception
Incident to lawful arrest
search for evidence in conjunction with an arrest
warrant exceptions
Inventory search
Warrantless search to record the contents of a car to prevent police from planting evidence
Warrant exception
“stop and frisk”
when officers stop someone to ask questions their personal safety might be at risk, allows them to pat down
warrant exception
extingent circumstances
emergency situation not leaving adequate time to get a warrant
Miranda V arizona(1966)
suspects in police custody must be given warning
custodial interrogation is “inherently coercive”
Grand Jury
made up of 23 ppl; hear evidence and decide to issue an indictment
Secret proceedings
protects witnesses, reduces flight risk, avoids attempts to influence grand jurors
6th amendment
right to a speedy and public trial; right to an attorney
Exculpatory evidence
evidence that proves innocence
no right of the state to get the accused’s evidence (right to remain silent) prosecutors cannot suppress exculpatory evidence
