Criminal Procedure Flashcards
Lawful Arrest
there must be probable cause (facts or knowledge from a reasonable person standard) and a valid warrant if suspect is in their home.
4th Amendment
prohibits unlawful searches and seizures.
Defendant has a 4th Amendment Right if there is:
Government Conduct + Reasonable Expectation of Privacy
Stop and Frisk (Investigatory Detentions)
police can stop suspect if they have a REASONABLE SUSPICION supported by ARTICUABLE FACTS.
Police cannot detain for a longer period of time than reasonable to clear suspicion.
Automobile Stops
REASONABLE SUSPICION is required to stop a vehicle. Roadblocks are valid if neutral and vehicle-related.
Reasonable Expectation of Privacy
must have standing (ownership of the seized or searched property) and not hold out to the public (handwriting, open fields, etc.).
Valid Search Warrant
Must be based on Probable Cause, describe place to be searched and items to be seized, and issued by a neutral magistrate.
Warrant Challenge
Warrant is invalid if:
1) affidavit contains false statement,
2) false statement was made recklessly or intentionally, AND
3) false statement was material.
Knock-and-Announce Rule
Even with a warrant, police must knock, announce their presence and purpose, and wait a reasonable time before entering.
Good Faith Defense
if police relied on an invalidated warrant in good faith (no falsity on their part) then it defeats the challenge to the warrant.
Exceptions to Warrant Requirement
PACHIS (Plain View, Automobile Exception, Consent, Hot Pursuit and Evanescent Evidence, Incident to a Lawful Arrest, and Stop and Frisk)
Plain View Exception
An officer does not need a warrant if 1) lawfully on premise and 2) item discovered is in plain view.
Automobile Exception
With PROBABLE CAUSE, an officer can search an entire lawfully stopped vehicle + containers where item could be found (PC must exist for each part of search).
Consent Exception
If a person with authority gives voluntary and intelligent, search is granted within scope. (Co-occupant’s refusal defeats consent).
Hot Pursuit and Evanescent Evidence Exception
Police pursuing a fleeing felon may make searches and seizures during chase. Evidence likely to disappear before a warrant can be obtained may be seized.
Incident to a Lawful Arrest Exception
if a lawful arrest has occurred, officer may search the person (wingspan) and nearby compartments (such as in a car).
Stop and Frisk Exception
if a lawful Terry Stop has occurred, may pat down and seize any weapons or contraband based upon “plain feel”
5th Amendment
Prohibits Double Jeopardy, and provides the privilege against self-incrimination.
Miranda Rights
Prior to any CUSTODIAL INTERROGATION, Miranda warning must be given. violation results in inadmissible evidence (except for impeachment purposes)
Custody = suspect is not free to leave
Interrogation = any police conduct that may illicit a damaging statement
Waiver - must be i) knowing, ii) voluntary, and iii) intelligent
Privilege Against Self-Incrimination
Any natural person may assert this privilege at any time whenever their response may incriminate them.
However, this does not apply to physical evidence (hair, fingerprints, documents, blood, etc.)
Waiver
If right to remain silent is not asserted at first proceeding, it is waived at later ones.
It is also waived by a Defendant taking the stand.
Confessions (14th Am. Due Process)
A confession must be voluntary - measured by the totality of the circumstances.
If a conviction is on an involuntary confession, must be overturned.
Right to Counsel (5th Am.)
After Miranda Warning, SUSPECT can request counsel to aid in interrogation (not offense-specific). Any questioning after request without counsel present is inadmissible.
Right to Counsel (6th Am.)
After formally charged, DEFENDANT has a right to counsel. Any questioning REGARDING THE CHARGED OFFENSE without counsel present is inadmissible.
Fruit of the Poisonous Tree Doctrine
All evidence found directly or indirectly in violation of the defendant’s 4th, 5th, or 6th Amendment rights are inadmissible against them and must be excluded, unless an exception applies.
Inevitable Discovery/Independent Source
If evidence was inevitably discoverable, or if there was/is an source of the evidence that is independent of the violation, an exception to the Fruit of the Poisonous Tree Doctrine applies, and evidence can be found admissible.
