Criminal Procedure Flashcards
4th Amendment Stop & Search - Katz Test
1) Government action;
2) Does D have standing? a) D has a subjective expectation of privacy, & b) society objectively considers there to be privacy in the thing searched
Terry Stop & Frisk
Police must show reasonable suspicion of criminal activity supported by articulable facts
Police Checkpoints
Police may setup roadblocks to stop cars without individualized suspicion that the driver has violated the law if 1) cars are stopped on a neutral, articulable standard; & 2) the roadblock is designed to serve purposes closely related to a particular automobile problem
Search Warrants
If there’s a search of the accused, their home or car, or what they’re carrying, there must be a warrant issued by a neutral magistrate that describes the place and object to be searched with reasonable particularity
Exclusionary Rule + Exception
Without a warrant, illegally obtained evidence and all fruit from that evidence is excluded unless the police believed in good faith they were acting lawfully
Does not apply to grand juries
However, if D testifies falsely at trial, illegally obtained evidence can be be used to impeach D
Administrative Searches
A warrant isn’t needed if searching a highly-regulated industry
Warrantless Search Exception - Consent
Must be a knowing, valid, & intelligent giving of consent by someone with authority to do so
No violation for failing to tell someone they can refuse to consent
Warrantless Search Exception - Plain View
Assuming the officer had a right to be where they are, the seized item is in plain view
Warrantless Search Exception - Automobile Exception
If the police have probable cause to believe that a car contains contraband, they can search the entire car without a warrant, including all containers within it that might contain the contraband
PC to search a vehicle also creates PC search a passenger’s belongings in the car that might contain contraband
Probable Cause
Reasonably trustworthy facts & circumstances sufficient to warrant a reasonably prudent person to believe that the suspect is committing or has committed a crime
Warrantless Search Exception - Search Incident to a Lawful Arrest
A lawful arrest requires a warrant unless 1) the officer sees D commit a felony or has probable cause that D committed a felony, or 2) sees D commit a misdemeanor
A search incident to a lawful arrest can be made if it takes place in connection with the arrest, or immediately thereafter, & the area searched is within the arrestee’s wingspan
Warrantless Search Exception - Inventory Search
Police may conduct an inventory search of an arrestee’s person when he’s booked pursuant to established department procedure
Warrantless Search Exception - Exigent Circumstances
Threat that, in the time taken to obtain a warrant, the evidence will be lost or destroyed
Law enforcement can’t create the exigent circumstance
Warrantless Search Exception - Inevitable Discovery
The police would’ve discovered the evidence even if they hadn’t acted illegally
Warrantless Search Exception - Independent Source
The evidence was obtained independent of the original illegal conduct
Confessions - 14th Amendment
The confession is voluntary, looking at the totality of the circumstances
Confessions - 6th Amendment
There’s a right to counsel at all critical stages once adversary judicial proceedings have begun, i.e., post-charge
Confessions - 5th Amendment
D must be given Miranda warnings before a custodial interrogation
Miranda Warnings - Custodial
D isn’t, or doesn’t reasonably feel, free to leave
Miranda Warnings - Interrogation
Any statement or conduct designed to elicit an incriminating response
Re-Initiated Questioning after Right to Remain Silent
Questioning may only be re-initiated after a reasonable amount of time has passed, but only on a separate crime
Re-Initiated Questioning after Right to Counsel
Questioning can’t be re-initiated absent presence of counsel unless at the request of the accused, or the accused is first released into the general prison population for at least 14 days & re-Mirandized
6th Amendment Confrontation Clause
A co-D’s confession is admissible only if 1) statements concerning D are redacted or 2) the co-D is subject to cross-examination
Identification - 14th Amendment Due Process Clause
The identification 1) can’t be unreasonably suggestive & 2) there can’t be a substantial likelihood of misidentification
Informants - 5th Amendment
Miranda warnings need not be given where the interrogation is by an informant who D doesn’t know is working for the police
Informants - 6th Amendment
1) Where a gov’t informant who is paid or promised something to obtain info on D is placed in D’s cell 2) after D has been charged, & 3) the informant deliberately elicits statements regarding the crime for which D is indicted, the 6th Amendment right to counsel is violated
8th Amendment Bail
An accused is entitled to bail in an appropriate amount in a non-capital case in an amount designed to make it unlikely that D will flee
Guilty Pleas
Judge must determine that a plea is voluntarily and intelligently made
Judge must, on record, personally advise D of the nature of the charge, the critical elements of the offense, the maximum penalty, the mandatory minimum penalty, that D has a right to plead not guilty, & that by pleading guilty, D waives his right to a trail
Right to a Speedy Trial
Length of delay, reason for the delay, whether D asserted his right to a speedy trial, & prejudice to D
Accused’s Right to Testify
D has a right to testify
Accused’s Right of Self-Representation
On D’s request, the court must determine whether the request is knowingly and intelligently made, & whether the accused is competent to represent herself
5th Amendment - Double Jeopardy
Once jeopardy attaches, D can’t be retried for the same offense (identical elements)
Jeopardy attaches:
In a jury trial when the jury is sworn
In a bench trial when the first W is sworn
Double Jeopardy Exceptions Permitting Retrial
Hung jury Mistrial for manifest necessity Retrial after successful appeal Breach of plea bargain Separate Sovereigns
