Criminal Procedure 24-30 Flashcards
What are the 4 exceptions where a police officer’s good faith reliance DOES NOT excuse an invalid warrant?
The warrant is lacking in particularity that no reasonable officer could believe in good faith that the warrant is valid.
The warrant is lacking in probable cause that no reasonable officer could have relied on it.
When the magistrate judge who issued the warrant is biased.
When the police officer who obtained the warrant lied on the application.
Priority: HIGH
What are the limitations on the Exclusionary Rule as applied to Miranda Violations?
Limitation #1: Failure to give warnings DOES NOT require suppression of physical evidence.
Limitation #2: Statements made after Miranda warnings are admissible, UNLESS a non-mirandized statement was the result of coercive police tactics offensive to due process.
Limitation #3: Statements obtained in violation are inadmissible in the prosecution’s case-in-chief, BUT may be used to impeach a defendant on cross examination.
Priority: Medium
What is required for valid waiver of Miranda Rights?
A valid waiver must be:
Voluntary; AND
Knowing and intelligent.
Priority: Low
Double Jeopardy will bar separate prosecutions of a defendant arising out of the same offense.
When are crimes NOT deemed to be the “same offense”?
IF:
Each crime requires proof of a fact which the other does not.
Priority: N/A
Double Jeopardy will bar separate prosecutions of a defendant arising out of the same offense.
What exceptions exist where a defendant can be retried?
Exceptions:
When the first trial ends in a hung jury;
When manifest necessity exists to end the original trial; OR
When the original trial is terminated at the defendant’s request, and it’s not for an acquittal on the merits.
Priority: N/A
Under the Harmless Error Rule, when will a guilty verdict stand on appeal?
It will stand if the prosecution can prove that the error (evidence in violation of the defendant’s constitutional rights was improperly admitted) was harmlessbecause the defendant would have been convicted without the tainted evidence.
Priority: N/A
When is a guilty pleavalid?
When:
It is voluntary and intelligent; AND
The judge informs the defendant of the following at the time the plea is entered:
The nature of the charge;
The maximum possible sentence;
The mandatory minimum sentence;
That they have a right to a jury trial, to confront a witness, and are protected against self-incrimination;
That those rights will be waived.
Priority: Low
