Criminal Procedure Flashcards
The Constitution provides the ___ of protection for criminal defendants. States are free to grant greater protection, and many do
floor
The first eight amendments to the U.S. Constitution apply to the federal government. Most of these rights are applicable to the states through the ____
Due Process Clause of the Fourteenth Amendment.
The right to ___ has been held not to be binding on the states. It has not yet been determined whether the ____.
indictment by a grand jury for capital and infamous crimes
Eighth Amendment prohibition against excessive bail creates a right to bail (However, most state constitutions create a right to bail and prohibit excessive bail.)
The Fourth Amendment provides that people should be free from ____
unreasonable searches and seizures.
___ by a government agent over a person or thing is a seizure.
Any exercise of control
Governmental seizures of persons, including arrests, are seizures within the scope of the Fourth Amendment and so must be ____
reasonable.
A seizure occurs when, 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
An arrest occurs when the police take a person into custody _____
against their will for purposes of criminal prosecution or interrogation.
An arrest must be based on ____
probable cause
PC for arrests is defined as
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. Probable cause is based on the totality of the circumstances.
A warrant generally is not required before arresting a person in _____. However, police generally must have a warrant to effect a ____
a public place; nonemergency arrest of a person in their home.
The officers executing an arrest warrant may enter the suspect’s home only if ____
there is reason to believe the suspect is within it.
Police must have full probable cause for arrest to bring a suspect to the station for ____
questioning or fingerprinting against the person’s will.
An unlawful arrest, by itself, has ____ sequent criminal prosecution.
no impact
The police have the authority to briefly detain a person even if they lack probable cause to arrest. If the police have a ___
reasonable suspicion of criminal activity or involvement in a completed crime, supported by articulable facts (based on TOC)
For a Terry Stop the police may detain a person for ____
investigative purposes
If the police also have reasonable suspicion that the detainee is ____, they may frisk the detainee for weapons.
armed and dangerous
When reasonable suspicion is based on an informant’s tip, there must be an ____ to be sufficient.
indicia of reliability (including predictive information)
Investigatory stops are not subject to a specific time limit. The police must act in a ____
diligent and reasonable manner in confirming or dispelling their suspicions.
During a Terry Stop the police may ask the detained person to ____ (that is, state their name) and generally may ___ the detainee for failure to comply with such a request.
identify themself; arrest
Brief ____ seizures are similarly valid if based on reasonable suspicion (Terry)
property
Generally, police officers may stop a car if they have ____
at least reasonable suspicion to believe that a law has been violated.
During routine traffic stops, a dog sniff is ____, so long as the police do not ____
not a search; extend the stop beyond the time needed to issue a ticket or conduct normal inquiries.
The Supreme Court held that during such a traffic stop, a dog “alert” to the presence of drugs can ____
form the basis for probable cause for a
search.