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.
invocation of right to counsel
must unambiguously indicate that they wish to speak with counsel and ALL questioning must cease.
public safety exception to miranda
SCOTUS has allowed interrogation without miranda warnings when it was reasonably prompted by a concern for public safety.
when does the sixth amendment right to counsel?
a suspect has a right to the presence of an attorney at any post-charge lineup or showup
no right to counsel at a photo identification or when police take physical evidence (handwriting, etc.)
How do you attack an identification as denying due process?
if the identification is unnecessarily suggestive and there is a substantial likelihood of identification
what is the exclusionary rule?
prohibits introduction of evidence obtained in violation of a defendant’s 4th, 5th, or 6th amendment rights
Fruit of the poisonous tree
evidence obtained from exploitation of unconstitutionally obtained evidence - must be excluded unless the costs of excluding the evidence outweigh the deterrent effect exclusion would have on police misconduct
exceptions to the fruit of the poisonous tree doctrine
1) fruits developed from statements obtained in violation of Miranda
2) evidence obtained from a source independent of the original illegality
3) act of free will (interrupting by some intervening circumstance so the causal link between the police misconduct and evidence is broken
4) inevitable discovery
5) violations of the knock and announce rule
good faith reliance - police
exclusionary rule does not apply when the police arrest someone erroneously but in good faith thinking they are acting pursuant to a valid arrest warrant, search warrant, or law
exceptions to good faith reliance on a defective warrant
1) affidavit underlying that warrant is so lacking in probable cause that no reasonable police officer would have relied on it
2) the affidavit underlying the warrant is so lacking in particularity that no reasonable officer would have relied on it
3) the police officer lied to or mislead the magistrate
4) the magistrate was biased and therefore has wholly abandoned their neutrality
violation of the knock and announce rule - can you exclude evidence then?
No - exclusion is not an availably remedy
harmless error test
if illegal evidence is admitted, a resulting conviction should be overturned on appeal absent a showing by the government can show that the error was harmless by a reasonable doubt!
right to counsel at trial is NEVER harmless… evidence obtained in violation of this rule will never come in. only can be used for impeachment if the D takes the stand.
grand jury and criminal trial differences
1) defendant (grand jury “witness”) has no right to have counsel present during their grand jury testimony
2) grand jury may consider evidence not admissible at trial
3) the “defendant’ must appear if called, but they may refuse to answer questions if the answers may be incriminating
how to quash a grand jury indictment?
exclusion of minority groups
How to determine whether the 6th amendment right to a speedy trial is violated? When does it attach?
1) Length
2) Reason for delay
3) Asserted
4) Prejudice
LRAP
attaches when the D is arrested or charged
Prosecutor’s duty to disclose exculpatory evidence
gov. has a duty to disclose material, exculpatory evidence to the D. D must prove the evidence is favorable, and prejudice has resulted - there is a reasonable probability that the result of the case would have been different
When is there a Constitutional right to a jury?
only for serious offenses (if imprisonment for more than 6 months is authorized)
How many jurors are necessary?
at least 6
is the right to counsel available in misdemeanor cases?
only if imprisonment is actually imposed!
Ineffective assistance of counsel
D must point out specific deficiencies and cannot base the claim on inexperience, lack of time to prepare, the complexity of defenses, accessibility of witnesses to counsel, or the gravity of charges
Co-defendant’s confession implicates the other . . . how can it be admitted?
1) all portions relating to the other defendant can be eliminated
2) the confessing defendant takes the stand and subjects themselves to cross examination
1) the confession of the non-testifying co-defendant is being used to rebut the defendant’s claim that their confession was obtained coercively
Is there a federal constitutional right to an appeal?
NO! However - indigents must be given counsel during a first appeal granted as a matter of right and for appeals of guilty pleas and nolo contendere. NO right at habeus corpus proceedings.
Prison due process standard
prison regulations impinge on due process rights only if the regulations impose “atypical and significant hardship” in relation to the ordinary incidents of prison life.
When are two crimes not the same offense?
unless each crime requires proof of an additional element that the other does not require
what test applies if a prosecutor impermissibly comments on a defendant’s silence?
harmless error
are civil fines subject to the excessive fines clause of the 8th amendment?
No. Only fines imposed as punishment. Penal forfeitures are subject but civil forfeitures are not.
