Criminal Procedure Flashcards
The fourth amendment prohibits
unreasonable searches and seizures. Plaintiff must demonstrate (1) government conduct and (2) reasonable expectation of privacy.
A seizure occurs
A seizure occurs if a reasonable person would not feel free to leave.
Types of seizures include:
Arrest, stop and frisk, police checkpoints, and traffic stops.
When may an officer arrest a person?
Arrest generally requires a warrant, but an officer can make an arrest in public if the officer witnesses a felony or misdemeanor or has probable cause to believe a felony has been committed.
What is a Terry stop?
A terry stop allows an officer to stop a person if he has a reasonable suspicion that the person is engaged in or has engaged in a criminal activity.
Are police checkpoints valid?
Police checkpoints are generally valid, as long as the stop is conducted in a non-discriminatory manner and the purpose of the checkpoint is for an articulable reason beyond general crime prevention.
What makes a search warrant valid?
A valid search warrant must (i) be issued by a detached and neutral magistrate, (ii) be based upon probable cause, and (iii) describe with particularity the defendant and crime or the places to be searched and items to be seized.
Is evidence collected in violation of a defendant’s 4th amendment right to privacy admissible?
Yes, if police officers acted in good faith reliance upon a defective search warrant as measured by a reasonable person standard.
What is the automobile exception?
Under the automobile exception, the police can search any part of defendant’s car if they have probable cause that it contains contraband or other evidence of a crime.
What is the exclusionary rule?
The exclusionary rule applies to evidence seized as a result of government illegality, as well as the “fruit of the poisonous tree”, which is any evidence derived from the illegal government action.
What are exceptions to the exclusionary rule?
Exceptions to the exclusionary rule include: inevitable discovery, independent source, passage of time, or good faith reliance on a facially valid warrant.
When is a Miranda warning required?
Police must give miranda warning when the defendant (1) is in custody and (2) is being interrogated.
Can police question a suspect after providing the Miranda warning?
If defendant unambiguously asserts his right to an attorney, the police cannot question him without providing an attorney or obtaining a waiver of the right to counsel. However, a defendant’s voluntary statement AFTER D invoked his miranda rights is admissible
Are statements made in violation of Miranda rights admissible?
Statements made in violation of Miranda rights will be excluded, but they are admissible for impeachment purposes to discredit defendant if defendant testifies.
When does the 6th amendment right to counsel apply?
The 6th Amendment right to counsel automatically applies at all critical stages of prosecution after formal proceedings begin. The right attaches when the state initiates prosecution through an indictment or formal charge and ends at the sentencing stage.
