Criminal Procedure Flashcards
(22 cards)
How to dismiss an ID?
-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)
Unreasonable search and seizure banned by which amendment?
4th Amendment
Seizure
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)
Good faith exception
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
What makes a warrant no good?
-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
Knock-and-announce rule
Violating this rule is not significant enough to justify exclusion of evidence.
Exceptions:
-Risk to officers
-risk that suspect will flee
Search
Interference with a person’s property, home, person, papers, or chattel property.
Exception: open fields outside the are immediately surrounding a home
Terry stop
Brief investigatory seizure – must be based on reasonable suspicion and used to confirm that suspicion.
Reasonable suspicion
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.
Terry frisk
If cop suspects there’s a weapon, can pat down outer layer of clothes to look for weapons. Meant to ensure officer’s safety
Special Need Doctrine
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.
Automobile exception
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.
SITLA
“Search incident to a lawful arrest”
If lawful arrest, cops can search arrestee and area within their immediate control/lunging distance
Exigency exception
Cops can search without a warrant if there is imminent flight of suspect, imminent destruction of evidence, or imminent danger to cops or others
Expectation of privacy
D manifests an expectation of privacy by trying to shield something from the public, and that expectation aligns with social expectations.
Fruit of the poison tree doctrine
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
Confession: when can you exclude?
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
Miranda Rule
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!
Right to remain silent invoked – what now?
Must wait a “significant amount of time” before resuming interrogation and trying to get a new waiver
Right to counsel invoked – what now?
No more questioning until person has been returned to their normal environment (can include prison) for at least 2 weeks
Ineffective assistance of counsel
requires
1) Basic incompetence (usually ethical rule violation)
2) But-for test – D would’ve won if not for bad counsel
Probable cause
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).
