Criminal Procedure Flashcards
What is a seizure under the Fourth Amendment?
A seizure occurs when, under the totality of circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter. A seizure, such as an arrest, must be based on probable cause.
What are the rules for a Terry stop?
The police have the authority to detain a person even if they lack probable cause to arrest so long as the police have a reasonable suspicion of criminal activity based or involvement in a completed crime supported by articulable facts. The detainee can be frisked for weapons if he is armed and dangerous. The stop must last for a reasonable duration.
What is the rule for informational checkpoints and roadblocks?
If special law enforcement needs are involved, police officers can set up roadblocks to stop cars without individualized suspicion that the driver violated some law if (1) the roadblock stops cars on the basis of some neutral, articulable standard and (2) is designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility.
What is the rule for standing?
A person has standing to object to a governmental search if based on the totality of circumstances a person has a reasonable expectation of privacy with respect to the place searched or the item seized. A person has a reasonable expectation of privacy exists anytime (1) the person owned or had a right to possession of the place searched, (2) the place searched was in fact their home, whether or not they owned or had a right to possession of it, or (3) the person was an overnight guest of the owner of the place searched. A person may also have a reasonable expectation of privacy in an item if the person owns the item.
When does a person not have a reasonable expectation of privacy?
A person does not have a reasonable expectation of privacy in objects held out to the public. This includes anything that can be seen across open fields, anything that can be seen flying over public airspace, the odors emanating from your luggage or car, and garbage set out on the curb for collection.
What are the requirements for establishing a valid search warrant?
The two requirements for establishing a facially valid search warrant are probable cause and particularity.
Probable cause can be based on informers and affidavits. For warrants based on affadavits, a defendant can invalidate the warrant if he shows the affidavit includes a false statement, the false statement was made intentionally or recklessly, and the false statement as material to the finding of probable cause.
A warrant is particular if it describes with particularity the place to be searched and the items seized. The scope of the search is limited to what is reasonably ecessary to discover the items described in the warrant. A warrant to search for contraband authorizes the police to detain occupants of the premises during a search, but a search warrant does not authorize the police to search persons found on the premises who were not named in the warrant.
What are the exceptions to the warrant requirement?
Search Incident to Constitutional Arrest: The police may search the person and areas into which they might reach to obtain weapons or destroy evidence. The police may also make a protective sweep of the area if they believe accomplices may be present. The search must occur contemporaneously with the arrest. The police can conduct a search of the passenger compartment of an automobile incident to arrest if (1) the arrestee is unsecured and still may gain access to the interior of the vehicle or (2) the police reasonably believe that evidence of the offense for which the person was arrested may be found in the vehicle.
Automobiles: If the police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, they may search the whole vehicle and any container that might reasonably contain the item for which they had probable cause to search. The probable cause must arise before anyone or anything is searched.
Plain View: Police can make a warrantless seizure when they (1) are legitimately on the premises, (2) discover evidence, fruits or instrumentalities of crime, or contraband, (3) see such evidence in plain view, and (4) it is immediately apparent that the item is evidence, contraband, or a fruit or instrumentality of crime.
Consent: A warrantless search is valid if the police have a voluntary consent. Knowledge of the right to withhold consent is not a prerequisite to establishing a voluntary consent. The scope of the search is limited to all areas that would be reasonably extended to based on the consent.
Terry Frisk: A police officer may stop a person without probable cause for arrest if they have an articulable and reasonable suspicion of criminal activity. Officers can frisk for anything they resonably believe is a weapon or contraband.
Evanescent Evidence: Evanescent evidence is evidence that might disappear quickly if the police took time to get a warrant.
Hot Pursuit: Police in hot pursuit of a fleeing felon may make a warrantless search and seizure and may even pursue the suspect into a private dwelling. For misdemeanors, courts look at the totality of circumstances.
Emergency Aid: A police may enter premises without a warrant if the police officer faces an emergency that threatens the health or safety of an individual or the public.
What is the rule for school searches?
Only reasonable grounds are needed to effectuate a school search. A school search will be held to be reasonable only if: (1) it offers a moderate chance of finding evidence of wrongdoing; (2) the measures adopted to carry out the search are reasonably related to the objectives of the search; and (3) the search is not excessively intrusive in light of the age and sex of the student and nature of the infraction.
What are the rules for the Sixth Amendment right to counsel?
The Sixth Amendment right to counsel guarantees the right to counsel in all criminal proceedings, which include all critical stages of a prosecution after judicial proceedings have begun (e.g., formal charges have been filed). This rule prohibits police officers from deliberately eliciting an incriminating statement from a defendant outside the presence of counsel after the defendant has been charged, unless the defendant waives their right to counsel. The Sixth Amendment does not protect against questions regarding unrelated and uncharged offenses. The harmless error rule applies to nontrial proceedings, but failure to provide counsel at trial is grounds for an automatic reversal of the conviction.
What are the rules for the 14th Amendment?
An incriminating statement is only admissible if it is voluntary, as determined by the totality of the circumstances. If an involuntary confession is admitted into evidence, the harmless error test applies.
What are the rules for Miranda warnings?
Miranda warnings are required when a suspect is in custodial interrogation and the detainee knows that they are being interrogated by a government agent. Custody exists if (1) a reasonable person under the circumstances would feel that they were free to terminate the interrogation and leave and (2) the relevant environment presents the same inherently coercive pressures as the type of station house questioning at issue in Miranda. Interrogation includes any words or conduct by the police that they should know would likely illicit an incriminating response. Spontaneous statements do not fall within the protections of Miranda.
What is the exclusionary rule?
The exclusionary rule is a judge-made doctrine that prohibits the introduction of evidence obtained in violation of a defendant’s Fourth, Fifth, and Sixth Amendment rights. Under the rule, unconstitutionally obtained evidence is inadmissible at trial, and all “fruit of the poisonous tree” must also be excluded unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct.
If illegal evidence is admitted, a resulting conviction should be overturned on appeal unless the government can show beyond a reasonable doubt that the error was harmless.
What are the exceptions to the fruit of the poisonous tree doctrine?
Exceptions to the fruit of the poisonous tree doctrine include (1) the fruits derived from statements obtained in violation of Miranda, (2) evidence obtained from a source independent of the original illegality, (3) evidence for which the connection between the unconstitutional police conduct and the evidence is remote or is interrupted by some intervening circumstance, (4) evidence that would have otherwise been discovered by the police, and (5) violations of the knock and announce rule.
What is the rule for the Sixth Amendment right to a speedy trial?
A determination of whether a defendant’s Sixth Amendment right to a speedy trial has been violated is made by an evaluation of the totality of the circumstances. Factors considered are the length of delay, reason for delay, whether defendant asserted their right, and
prejudice to defendant.
What is the rule regarding prosecutorial disclosures of exculpatory information?
If the prosecution fails to disclose exculpatory evidence to the defendant, this can be grounds for reversing a conviction if (1) the evidence is favorable to the defendant because it either impeaches or is exculpatory and (2) prejudice has resulted.
