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Criminal Procedure Flashcards

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1
Q

What is the 4th amendment?

A

Protects form unreasonably searches and seizures, sets requirements for warrants.

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2
Q

When is a search presumptively reasonable?

A

When conducted without a warrant based on probable cause, unless an exception.

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3
Q

What is a seizure?

A

Government action that results in a meaningful interference with a possessory interest.

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4
Q

When have police seized a person?

A

When the police interaction with the person would indicate to a reasonable person in that situation that they would not feel free to leave or terminate the police encounter

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5
Q

When does a search occur?

A

When the police physically trespass on an individual’s person, papers, homes, or effects (even when exposed to the public)
Or intrude upon the individual’s reasonable expectation of privacy

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6
Q

What is required for a reasonable expectation of privacy?

A

Manifests a subjective expectation of privacy by making an effort to shield the thing or activity from the public, and
The expectation is objectively reasonable because it is an expectation society is willing to recognize as legitimate

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7
Q

When is police use of devices or animals that enhance human senses qualify as a search?

A
  • police enter on the curtilage of the home
  • police use a device that enables them to see through the walls of a home
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8
Q

When can police search a home pursuant to an arrest warrant?

A
  • suspect’s home
  • have reason to believe he’s at home
  • suspect refuses to respond to police requests to open the door
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9
Q

What must a defendant prove to invalidate a warrant?

A
  1. Not based on probable cause
  2. Magistrate was not neutral and detached
  3. Warrant did not describe the thing to be seized or place to be searched with sufficient particularity
  4. The affidavit supporting the warrant is so lacking in probable cause that no rookie office would have trusted it
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10
Q

A court will exclude evidence obtained pursuant to a warrant only if?

A

The defendant proves the warrant is invalid
The good faith exception is not applicable, meaning that the flaw in the warrant is not the fault of the police who relied on it

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11
Q

When is knock and announce not required?

A

Police have reasonable suspicious that doing so will endanger the officers, lead to destruction of evidence, or cause the flight of the suspect.

Violation will not result in the exclusion of evidence

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12
Q

What is probable cause?

A

A fair probability, when facts and circumstances lead a reasonable officer to conclude that the individual committed a crime or that specific items related to criminal activity can be found at a particular location

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13
Q

When can a tip serve as a basis for valid probable cause?

A

If reliability is established by the informant’s tip containing specific details and the reliability of the details and the informant being confirmed prior to the moment of arrest

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14
Q

What are exceptions to the warrant requirement for seizures?

A
  1. Arrests - probable cause, no warrant for felony, misdemeanor arrest requires offense in front of officer
  2. Terry stop - brief investigatory seizure, reasonable suspicion that a crime is afoot.
  3. Plain view
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15
Q

What are the exceptions for the warrant requirement for searches?

A
  1. Exigency
  2. Search incident to a lawful arrest
  3. Automobile Search incident to a lawful arrest
  4. Automobile exception to the warrant requirement
  5. Inventory exception - when taking into custody
  6. Consent
  7. Special needs doctrine
  8. Border exception
  9. Administrative searches
  10. Terry Frisk
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16
Q

What is the exigency exception to the warrant requirement for searches?

A

With probable cause, can search if they reasonably believe waiting to obtain a warrant would result in:
- imminent flight of the suspect
- imminent destruction of evidence
- imminent danger to police or others in the area

  • hot pursuit
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17
Q

What is a search incident to a lawful arrest?

A

May automatically conduct a full blown search or an arrestee and the area within their immediate control/lunging distance

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18
Q

When can the police search a vehicle incident to a lawful arrest?

A

When the arrestee has access to the interior of the car, or the police have reason to believe that evidence related to crime of arrest is in the car.

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19
Q

When can police search an automobile?

A

Without a warrant. If it is able to move at the turn of a key and located in an area on or near the roads.

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20
Q

When is consent valid to allow a warrantless search?

A

When voluntary - not coerced. Valid even if obtained by an undercover officer.

3rd party only if the 3rd party had actual or reasonably apparent authority over the area

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21
Q

When does the special needs doctrine permit warrantless searches?

A

Narrowly tailored searches/seizures to protect the public from a serious immediate danger.

No discretion, fixed formula, minimizes citizen anxiety

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22
Q

What is a terry frisk?

A

A cursory protective search for weapons with reasonable suspicion that the suspect is armed and dangerous. Limited to patting down outer clothing.

23
Q

When does a defendant have standing to exclude evidence from a 4th amendment violation?

A

Violated the defendants individual personal rights

  • defendant has an ownership or possessory interest in the place searched or item seized
  • the defendant is unreasonably seized
24
Q

What are the three exceptions to the fruit of the poisonous tree doctrine?

A
  1. Independent source
  2. Inevitable discovery
  3. Attenuation
25
Q

What is the good faith exception to the exclusionary rule?

A

When police rely in good faith on a facially valid warrant this is later determined by a reviewing court to be invalid, the evidence they seize will still be admissible.

26
Q

What are the four constitutional bases to challenge the admissibility of confessions?

A
  1. Coerced in violation of due process
  2. Violates privilege against compelled self-incrimination and Miranda rule
  3. Violates 6th amendment right to counsel
  4. Fruit of a poisonous tree (usually unlawful arrest)
27
Q

When is a statement coerced in violation of due process?

A

Government conduct that over bears the free will of the suspect. Police deception isn’t enough on its own. Suspect doesn’t have to be in custody.

Makes a statement inadmissible for any purpose.

28
Q

When does the 5th amendment provide privilege to refuse to testify?

A
  • subjected to government questioning in any context
  • a real and substantial fear that testimony will result in self-incrimination or contribute to a conviction
  • asserts privilege by refusing to testify
29
Q

What are the Miranda rights?

A
  1. Remain silent
  2. Anything you say can and will be used against them in court
  3. Entitled to the presence of an attorney
  4. If they cannot afford an attorney, one will be provided
30
Q

When is a Miranda warning triggered?

A

Custody plus interrogation

—> need voluntary and intelligent waiver

31
Q

Is remaining silent after a Miranda warning and invocation of the right?

A

No. They must make an unambiguous and unequivocal statement invoking either the right to silence or the right to counsel.

32
Q

Does the Miranda rule trigger the fruit of the poisonous tree?

A

No.

33
Q

When can the police question a suspect in custody without a Miranda warning?

A

To protect the police or the public from imminent danger of serious harm

34
Q

When is the 6th amendment right to counsel triggered?

A

Initiation of formal adversarial proceedings triggers right to assistance of counsel at any critical stage of the adversarial process.

35
Q

what are the constitutional bases to challenge to admissibility of identification evidence?

A
  1. Violated due process
  2. Violated 6th amendment right to counsel
36
Q

When does an identification process violate due process?

A
  1. Procedures were unnecessary
  2. Arranged by the government
  3. Suggestive
  4. Suggestiveness resulted in an irreparable risk of an unreliable ID

Totality of the circumstances - suggestiveness can be necessary under the circumstances

37
Q

When does the 6th amendment right to counsel attach to an identification?

A

In-person identifications, after the initiation of formal adversarial process

38
Q

When does a charge violate due process?

A

Produces discriminatory effect based on discriminatory motive. Must show that similarly situated defendants were charged differently.
Increasing the severity of a charge after a defendant successfully appeals and is subject to new trial, unless new evidence supports the increase.

39
Q

When is the right to a speedy trial violated?

A

Based on totality of circumstances.

Must cause prejudice that undermined the values protected by the right:
- anxiety
- oppressive pre-trial incarceration
- degradation of evidence compromising the accuracy of the trial

If found, dismiss with prejudice

40
Q

What evidence is the prosecution required to disclose in discovery?

A

Was both favorable and material —> if not, new trial

41
Q

When does destruction of evidence held by the government violate due process?

A

Where the defendant can show bad faith - the destroyed evidence could have only helped the defendant.

42
Q

When can a defendant prevail on a right to effective counsel violation?

A

Counsel was ineffective, preformed below the minimum standard of lawyer conduct
Had the lawyer been effective, it would have created a reasonable probability that the outcome would have been different - effective representation would have created reasonable doubt

Can challenge on a plea deal, if it would have been acceptaed

43
Q

When does a criminal defendant have the right to a jury?

A

Charged with any offense with an authorized penalty of more than 6 months confinement.

44
Q

When is a statement testimonial for the confrontation clause?

A

When the statements were made in a situation where a witness would expect it to be used as evidence in a criminal trial.

Ongoing emergency is not testimonial

45
Q

What is double jeopardy?

A

Cannot charge a defendant for the same offense by the same sovereign more than once.

46
Q

When are charges considered the same offense for double jeopardy?

A

Two crimes occurring in the same transaction are considered the same offense, unless:
- each charge requires proof of a separate criminal impulse
Or
- each charge requires proof of a separate factual element

47
Q

Do individuals have a reasonable expectation of privacy in hotel rooms?

A

Yes.

48
Q

What information can a judge rely upon to increase a criminal sentence after conviction beyond the statutory maximum?

A
  • admissions by defendant
  • prior convictions
  • facts found by a jury

–> 6th amendment

49
Q

Are anonymous, uncorroborated tips sufficient to justify a search of an individual for weapons?

A

No.

50
Q

What rights do and do not apply to a Grand Jury proceeding?

A
  • no right to confrontation
  • no right to be present
  • no right to counsel or Miranda rights
  • 4th amendment exclusionary rules do not apply

–> 5th amendment rights against self-incrimination does apply.

51
Q

What are the options when a jury returns a general verdict in conflict with its specific answers?

A
  1. approve, for entry, an appropriate judgment according to the answers, notwithstanding the verdict
  2. direct the jury to further consider its answers and verdict
  3. order a new trial
52
Q

What factors are considered when determining whether an identification is unduly suggestive?

A

Totality of the circumstances.

  1. the opportunity to view the criminal at the scene
  2. the witness’s degree of attention
  3. the accuracy of the witness’s descriptions
  4. the degree of certainty of the witness
  5. the time interval between the crime and the identification
53
Q

When can a public school official search a student?

A

When they have reasonable grounds. No probable cause or warrant required.

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