Criminal Procedure Flashcards
Fourth Amendment
The Fourth protects persons agains unreasonable searches and seizures. In order to assert a Fourth violation, a defendant must demonstrate that the search was the result of government conduct and that he had a reasonable expectation of privacy where the search occurred.
Arrest
An arrest is the seizure of a person that occurs when an officer, by means of physical force or show of authority, intentionally terminates or restrains the subject’s freedom of movement and, under the totality of the circumstances, a reasonable person would believe he is not free to leave.
Arrest in a Public Place
Police generally do not need a warrant to make a valid arrest in a public place so long as the arrest is made based upon probable cause. In situations in which a felony has been committed outside the presence of the one making the arrest, the police officer has probable cause to arrest anyone whom he reasonably believes has committed a felony. In situations where a felony or misdemeanor has been committed in the presence of an officer, the officer may make an arrest.
Search
A search occurs when the government conduct violates a reasonable expectation of privacy.
Search: Government Conduct
The defendant must prove that the government or police were involved int he unreasonable search and seizure.
Search: REP
The defendant must also prove that he had a REP as to the places searched and the items seized by the government.
Search: Warrant
A warrant serves to protect a person’s privacy interest against unreasonable government intrusions. To be valid, a warrant must be (1) issued by a detached and neutral magistrate; (2) based upon probable cause and (3) describe with particularity the defendant and crime or the places to be searched and items to be seized. The warrant must be precise on its face, properly executed, and obtained in good faith. Evidence collected in violation of the Fourth may be admissible if police acted in good faith reliance upon a defective search warrant.
Knock and Announce
the police must knock and announce their presence and state their purpose when making an arrest unless there are exigent circumstances such as a reasonable belief of danger to the officer or others or destruction of evidence. The violation of Knock and Announce does not trigger the exclusionary rule, but will invalidate the arrest.
Exceptions to Warrant
Warrantless searches or searches pursuant to an invalid warrant constitute a Fourth violation, and evidence seized will be inadmissible at trial unless there is an exception.
Warrant Exception: Search Incident to Lawful Arrest
A search incident to a lawful arrest must be reasonable in scope and incident to a lawful arrest that is based upon probable cause. The police may conduct a contemporaneous search of the arrestee and his immediate surroundings such as his wingspan, pockets, and containers. If the arrestee is at home, the police can search closets or other spaces adjoining the place of arrest where an attack is likely. If in an automobile, the police may search the glove compartment if the arrestee is within reaching distance or it is reasonable that evidence of the crime might be in the vehicle.
Warrant Exception: Stop and Frisk
The police may stop and frisk a detainee if they have reasonable suspicion based on articulable facts of a violation of law. The stop should be limited a limited and temporary intrusion upon detainee’s freedom of movement, whether verbal or physical. The officer can pat-down a detainee for weapons, but cannot initiate a search for evidence. If the officer feels an object that is immediately obvious as evidence, the officer can seize those objects.
Pursuant to a lawful stop of a vehicle, police may conduct a search of the passenger copartment for weapons if (i) the police possess a reasonable belief that the suspect dangerous and may gain immediate control of weapons, and (ii) the search of the passenger compartment is limited to those areas in which a weapon may be placed or hidden. If probable cause develops, the officer can make a arrest.
Warrant Exception: Automobile
Under the automobile exception, the police can search any part of the defendant’s car if they have probable cause that it contains contraband or other evidence of a crime.
Warrant Exception: Plain View
No warrant is required to seize evidence in plain view if the police are lawfully in the location from which the evidence can be viewed and the criminal nature of the item is immediately apparent.
Warrant Exception: Consent
If a party consent to a search, then a warrant is not required. The consent must be voluntary, and there must be no threats f harm, compulsion, or the false assertion of lawful authority.
Exclusionary Rule
The exclusionary rule applies to evidence seized as a result of government illegality, as well as any secondary derivative evidence resulting from the primary taint. Exceptions to the application of this rule include (1) inevitable discovery through lawful means, (2) an independent source unrelated to the taint, (3) attenuation (intervening events or the passage of time), (4) good faith reliance on a facially valid warrant that is later found to be defective, and (5) isolated negligence by law enforcement personnel. Violation of knock-and-announce does not trigger the rule.
