Criminal Procedure Flashcards
#ownthebar (162 cards)
Do you have standing if you owned the property seized?
If you own the property seized, you have standing only if you have a reasonable expectation of privacy in the item or area searched
What are the categories of automatic standing?
(1) when you own the premises searched
(2) you live on the premises searched
(3) you are an overnight guest at the premises searched
Do you need to have standing to challenge a search?
Yes.
When is Government conduct satisfied for purposes of a constitutional challenge in the context of the fourth and fifth amendments?
Government conduct is necessary to implicate the Fourth Amendment: It is satisfied by:
(1) the public paid police
(2) any private individual acting at the direction fo the public police
(3) privately paid police when deputized with the power to arrest you: (a) store security guards; (b) subdivision police; (c) campus police
Are pre-textual stops unlawful?
No. An officer’s ulterior motive for stopping a care is irrelevant so long as the stop was legal
May an officer lawfully order the occupants of a lawfully stopped vehicle to leave the vehicular?
Yes.
What are the criteria necessary for a DWI checkpoint to be consititutional?
will be constitutional as long as neutrally applied to all cars stopped
Is it constitutional for law enforcement to set up an informational roadblock?
if police set up a roadblock for purposes other than seeking incriminate information about the driver stopped, the roadblock will be constitutional
If a car is pulled over by the police, who has been seized?
an automobile stop constitutes a seizure of all occupants
Does the use of a drug/explosive sniffing dog in the doorway of a home constitute a search?
Yes. the police, without probable cause, cannot use a drug sniffing dog outside of the home of a suspected drug dealer
Does the use of a drug/explosive sniffing dog around a vehicle constitute a search?
Generally, no. During routine traffic stop, a sniff is not a search so long as the police do not extend the stop longer than the time needed to issue a ticket or conduct further inquiries
A dog alert to the presence of drugs can form the basis for probable cause for a search
When may police stop and automobile?
the police may stop a car if they at least reasonable suspicion that the law has been violated
When will reasonable suspicion based on an informant’s tip be sufficient?
when reasonable suspicion is based on an informant’s tip, there must be an indicia of reliability.
The tip may be, but is not required to be predictive.
What test is used to determine if an office had reasonable suspicion sufficient to effectuate a Terry Stop?
reasonable suspicion is determined by evaluating the totality of the circumstances
Define reasonable suspicion.
reasonable suspicion is more than just vague suspicion and it is less than probable cause
a hunch will never be enough, even if it turns out to be right
Do police need probable cause to detain you in a Terry Stop?
No. the police have the authority to briefly detain a person even if they lack probable cause to arrest.
What is the impact of an unlawful arrest on any subsequent criminal prosecution?
an unlawful arrest by itself has no impact on subsequent criminal prosecution
Do the police need probable cause to compel you to come to the police station for questioning? For fingerprinting?
Yes, and Yes. The police need probable cause to arrest you and compel you to come to the station either for (1) fingerprinting; or (2) interrogation
Do you need an arrest warrant to arrest someone in their own home?
Yes. non-emergency arrests of individuals in their home do require and arrest warrant
Is an arrest warrant required to arrest someone in a public place?
No. Arrest warrants are not generally required for arresting someone in a public place
When does probable cause exist?
Probable cause exists when a reasonably prudent person would believe that suspect has committed or is committing a crime
What is a seizure?
any exercise of control by a government agent over a person or thing
What does the fourth amendment protect?
It protects against unreasonable searches and seizures
What does the fifth amendment protect?
The privilege against compulsory self-incrimination; and the prohibition against double jeopardy