Criminal Procedure

Question 1

How to dismiss an ID?

Answer 1

-Lineup done without lawyer present/waiver of lawyer

-Procedure used was unnecessary (e.g. no reason why gov would show only single photo)

-Procedure used was suggestive and created an unreliable ID. EXCEPTION: suggestive procedure ok if there is a COMPELLING REASON (like P is about to die)

Question 2

Unreasonable search and seizure banned by which amendment?

Answer 2

4th Amendment

Question 3

Seizure

Answer 3

Property - Interfering with possessory interest

Person – cops make it seem like person isn’t free to leave encounter (usually indicated by threat of force + submission)

Question 4

Good faith exception

Answer 4

When police rely in good faith on a facially valid warrant that is later determined to be invalid, the evidence the cops seized is still admissible

Question 5

What makes a warrant no good?

Answer 5

-Not based on probable cause

-Biased magistrate

-Warrant WASN’T SPECIFIC about what was to be searched

-Warrant is so obviously bullshit that even a rookie cop would notice

Question 6

Knock-and-announce rule

Answer 6

Violating this rule is not significant enough to justify exclusion of evidence.

Exceptions:
-Risk to officers
-risk that suspect will flee

Question 7

Search

Answer 7

Interference with a person’s property, home, person, papers, or chattel property.

Exception: open fields outside the are immediately surrounding a home

Question 8

Terry stop

Answer 8

Brief investigatory seizure – must be based on reasonable suspicion and used to confirm that suspicion.

Question 9

Reasonable suspicion

Answer 9

More than a hunch or an instinct or a feeling, but less than probable cause. Requires officer to state an objective fact that justifies their suspicion.

Question 10

Terry frisk

Answer 10

If cop suspects there’s a weapon, can pat down outer layer of clothes to look for weapons. Meant to ensure officer’s safety

Question 11

Special Need Doctrine

Answer 11

No warrant needed for a search for legal checkpoints if cop is acting within checkpoint’s lawful purpose. Purpose must be to RULE OUT A DANGER.

Question 12

Automobile exception

Answer 12

Police can conduct warrantless search on vehicle if they have probable cause, but they can only search as far as they could if they had a warrant.

Question 13

SITLA

Answer 13

“Search incident to a lawful arrest”

If lawful arrest, cops can search arrestee and area within their immediate control/lunging distance

Question 14

Exigency exception

Answer 14

Cops can search without a warrant if there is imminent flight of suspect, imminent destruction of evidence, or imminent danger to cops or others

Question 15

Expectation of privacy

Answer 15

D manifests an expectation of privacy by trying to shield something from the public, and that expectation aligns with social expectations.

Question 16

Fruit of the poison tree doctrine

Answer 16

If illegal search/seizure leads to evidence, exclude evidence unless…

EXCEPTIONS:
–Independent Source - woulda found evidence anyway
–Attenuation –evidence is distant from initial violation
–Impeachment – prove D lied with excluded evidence

Question 17

Confession: when can you exclude?

Answer 17

1) Coercion

2) 5th amendment violation

3) Miranda rule

4) Person who’s been charged ordered to do a lineup without a lawyer

5) Fruit of poison tree – illegal arrest

Question 18

Miranda Rule

Answer 18

Statements obtained during custodial interrogation are not admissible unless there’s a Miranda warning and a waiver

Need CUSTODY + INTERROGATION

If wrongful confession leads to evidence, evidence is admissible even if confession is not!

Question 19

Right to remain silent invoked – what now?

Answer 19

Must wait a “significant amount of time” before resuming interrogation and trying to get a new waiver

Question 20

Right to counsel invoked – what now?

Answer 20

No more questioning until person has been returned to their normal environment (can include prison) for at least 2 weeks

Question 21

Ineffective assistance of counsel

Answer 21

requires

1) Basic incompetence (usually ethical rule violation)

2) But-for test – D would’ve won if not for bad counsel

Question 22

Probable cause

Answer 22

a “fair probability,” and exists when there are facts and circumstances that lead a reasonable officer (objective standard) to conclude that the individual committed a crime (for an arrest) or that specific items related to criminal activity can be found at a particular location (for a search).