Criminal Procedure Flashcards
seizure
under the totality of the circumstances, a reasonable person would feel that they were not free to decline the officer’s requests or otherwise terminate the encounter
arrest
when the police take a person into custody against their will for purposes of criminal prosecution or interrogation
probable cause
trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
Terry stop
if the police have a reasonable suspicion of criminal activity or involvment in a completed crime, supported by ARTICULABLE FACTS (not a hunch), they may detain a person for investigative purposes.
Frisk
the police also have reasonable suspicion at a Terry stop that the detainee is armed and dangerous, they may frisk the detainee for weapons
reasonable suspicion
more than just a vague suspicion but is less than probable cause
informational checkpoint
must have a neutral, articulable standard and designed closely to the purpose
Fourth Amendment Search & Seizure
1) is there governmental conduct?
2) is there standing?
3) is there a valid warrant
4) are there exceptions to the warrant requirement?
search
the defendant must have a reasonable expectation of privacy
Valid Warrant must be…
based on probable cause, precise on its face, issued by a neutral and detached magistrate OR the police officer’s reliance on the warrant was in good faith
Properly executed warrants are . . .
exercised without unreasonable delay, after knock and announce (unless officers or evidence would be endangered) and the person or place searched seized was within the scope of the warrant
what are the warrant exceptions?
incident to a constitutional arrest, automobile exception, stop and frisk, hot pursuit, exigent circumstances, evanescent evidence, emergency air, plain view, consent
Standing
person owned or had a right to possession of the place to be searched, the place searched was in fact their home, the person was an overnight guest
automobile warrant exception
incident to arrest - can search only passenger compartment if arrestee is unsecured or police reasonably believe the evidence of the offense for which the person was arrested may be found in the vehicle
if police have probable cause to believe that a vehicle contains fruits, evidence of a crime, instrumentalities - they may search the whole vehicle and any container that might reasonably contain the item for which they had probable cause to search
Plain view exception
police may make a warrantless seizure when they are legitimately on the premises, discover evidence, fruits, contraband, see that evidence in PLAIN VIEW, and have probable cause to believe that the idem is evidence (must be immediately apparent)
evanescent evidence
evidence that might disappear quickly if the police took the 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
misdemeanor crimes don’t always justify a warrantless entry into a home
Emergency Aid
a police officer may enter premises without a warrant if the officer faces an emergency that threatens the health or safety of an individual or the public
6th Amendment right to counsel applies at …
post-indictment interrogation, preliminary hearings to determine probable cause, arraignment, post-charge lineups, guilty pleas and sentencing, felony trials, misdemeanor trials where jail sentence is imposed, appeals as a matter or right and appeals of guilty pleas
6th amendment waivers must be…
knowing and voluntary. harmless error for non-trial proceedings and automatic reversal of the conviction if at trial
Can 6th amendment violation statements be used to impeach?
yes - but not any statements made in violation as a part of the prosecution’s case in chief
miranda warnings
right to remain silent, anything you say can and will be used against you, you have the right to an attorney and if you cannot afford one, one will be appointed for you
must be made prior to interrogation by the police
How do you know if something is custodial?
1) requires the court to determine whether a reasonable person under the circumstances would feel that they were free to terminate the interrogation and leave and 2) whether the relevant environment presents the same inherently coercive pressures and the type of station house questioning at issue in miranda.
interrogation
any words or conduct by the police that they should know would likely elicit an incriminating response from the detainee.