Criminal Procedure Flashcards
Exclusionary Rule
Rule: exclusionary rule will suppress evidence obtained in violation of a defendants rights under the fourth, fifth, and sixth amendments; applicable to the states under the 14th amendment
Fruits of the Poisonous Tree
Evidence derived from the primary tainted evidence is also exempted unless meets an exception
Fruits of Poisonous Tree Exceptions
1) Inevitable discovery: would have been discovered whether or not police acted unlawfully
2) Independent Source - discovered in part by source unrelated to the tainted evidence
3) Attenuation - amount of time/events breaks chain of causation from tainted evidence
4)f Good-faith reliance - on facially valid warrant or law later struck down; objective standard
5) Inapplicability - rule does not apply to isolated negligence by law enforcement; “knock and announce violations or to witness in-court identification
Fourth Amendment
Rule: protects persons from unreasonable search and seizure by the government
Only government conduct - law enforcement or an agent
Expectation of privacy in home, hotel room, overnight guest or a business premise; not in public, open field, or private property
Can only be invoked if violates your rights; cannot invoke based on violation of another’s rights
Types of Seizure
1) Police Pursuit p not seizure unless there is an intentional use of force
2) Detention - look for reasonable suspicion to investigate supported by articulable facts
3) Frisk - D check if beleive armed or weapons
4) Arrest - must be supported by probable cause at the time of arrest
5) Traffic Stop - look for reasonable suspicion a law was vilate
Seizure must be brief and only long enough to verify or dispel suspicions
Seizure of Person
the officer physically touches a subject or he submits to the officer’s show of authority
Test” a reasonable innocent person does not feel free to decline the officer’s requests or end the encounter
Police pursuit is not a seizure unless intentional use of force
Terry Stop (Detention)
Officer must have reasonable suspicion to investigate supported by articulable facts;
Must be brief and only long enough to verify or dispel suspicions
Can frisk for officer saftey
Arrest
Officer must have probable cause )knowledge of reasonably trustworthy facts and circumstances to believe the arrestee has committed a crime)
Public Place - generally does not require a warrant; crime in front of officer no warrant required if outside, no warrant required if a felony
D’s Home: require a warrant; warrant must be issued by neutral magistrate and supported by probable cause;
Another’s Home: require warrant, consent or exigent circumstance
Traffic Stop
officer must have reasonable suspicion a law has been violated; valid but pretextual stop okay - can have ulterior motive to investigate the ccrime
Checkpoint stops
- near border; random search without reasonabl suspicion is allowed
-otherwise: okay if conducted pursuant ot a standard and purpose is vehicle-related
Search
Rule: conduct a search, government must have a warrant supported by probable cause. or the search must meet an exception
Probable Cause
exists if there is knowledge of reasonably trustworthy facts and circumstances to believe the items sought are fruit or instruments of crime
Warrant Issuance Elements
1) supported by probable cause
2) issued by a detached and neutral magistrate AND
3) describes with particularity the places to be searched and items to be seized
Exeecution:
1) must be executed by officer without unreasonable delay
2) Knock and announce - must before entering, unless exigency
3) Detention, but not search, of other persons okay if in immediate vicinity
Warrant Exceptions
1) Exigent Circumstances - hot pursuit, emergency situations; justified based on totality of circumstances
2) Search incident to lawful arrest - must timely search without delay; scope includes immediate area where weapon might be hidden - exigent circumstance allow check cell phone; vehicle search okay if D unsecured and within reach of the passenger compartment or if reasonable belief the vehicle has evidence of offense
3) Consent - voluntary and intelligent; co-owner can give consent; third party can if have apparent authority
4) Automobile Exception - need probably cause vehicle contains evidence of crime; can search anywhere PC supports including trunk and locked containers
5) Plain View: the officer is lawfully on premises, incriminating character of the item is immediately apparent, officer has lawful access to item
6) Stop and Frisk - detention based on reasonable suspicion of crime;
Fifth Amendment
triggered mainly by confessions;
Rule: D should object to admission of confession; applicable to states by 14th amendment - protects against compelled self-incrimination
Confession obtained during custodial interrogation are inadmissible unless the D was apprised of their miranda rights
Custodial
formal arrest or whether a reasonable person would have believed he could leave
Interrogation
words or conduct reasonably likely to elicit an incriminating response;
Volunteered statements are not the product of interrogation (follow up to blurted out statements can be)
Routine booking questions are not interrogation
Miranda Warning
need not be verbatim; apprise suspect of right to remain silent/get counsel
Timing - warning must be given before interrogation begins or repeated after an interruption of long duration
Suspect must specifically and unambiguously invoke right to silence/counsel
If counsel invoked; all questioning must stop - must wait for requested counsel
If right to silence invoked - questioning must stop; may attempt to question suspect against after substantial period of time has passed and new warning given
Waiver Miranda Rights
must knowingly and voluntarily waive rights after receiving Miranda Warnings
Exceptions Miranda Warnings
1) Public Safety - not requires when public safety at risk
2) Routine Booking questions
3) Undercover Police - do not have to Mirandize a suspect who is unaware the interrogator is a police officer; officer posing as criminal to elicit confession is allowed
Statements Taken in Violation of Miranda
1) Okay for impeachment if statement voluntary
2) Involuntary - violate due process; invokes the harmless error rule
Harmless Error Rule
if the evidence had been excluded, would the outcome change
Sixth Amendment
1) Right to Counsel
2) Right to Confront Witnesses
3) Right to Jury Trial
4) Right to Speedy Trial
Right to Counsel
guarantees a criminal D the right to counsel at all critical stages of the proceedings against him
Critical Stage - hearing, post indictment lineup or interrogation, and all trial process; right attaches automatically when formal judicial proceedings have begun
Available only when facing kail time
If indigent, state must appoint counsel to assist him
Includes right to effective assistance of counsel; must show deficient performance causing prejudice
D has a right to self- representation and can waive right to counsel if knowing and intelligent
Right to Confront Witness
grants criminal defendant a right to confront adverse witnesses in order to observe their demeanor and have an opportunity to cross-examine
Non-testifying co-defendant’s statement or confession is inadmissible
Prior testimonial evidence of an unavailable witness offered by the prosecution cannot be admitted unless the D had an opportunity to cross-examine the declarant at the time the statement was made
