Criminal Procedure

Question 1

When does standing exist in the criminal search and seizure context?

Answer 1

When the defendant demonstrates:

• a possessory interest in the evidence improperly seized;
• presence on the premises at the time of the search and seizure;
• a proprietary or possessory interest in the searched premises; OR
• that the charged offense includes the element of possession as an essential element.

Question 2

When does an expectation of privacy exist?

Answer 2

When the defendant has an actual expectation of privacy that society is prepared to recognize as reasonable based on the circumstances.

Question 3

Does a visitor in another’s home have a legitimate expectation of privacy?

Answer 3

Not if they are merely a casual visitor, but yes if they can demonstrate a significant and current interest in the searched premises.

Question 4

What information about bank records can the police get without probable cause?

Answer 4

Only the name and addresss of the person associated with a particular ATM card.

Question 5

What happens if a defendant abandons property while fleeing from police pursuit?

Answer 5

If they were stopped with reasonable suspicion or probable cause, then the abandonment was “coerced” and the lawfulness of the seizure is subject to traditional analysis.

If they were stopped without reasonable suspicion or probable cause, then the abandonment will be deemed fruit of the illegal seizure.

Question 6

What rules govern canine sniffs?

Answer 6

They are searches. A sniff of a person requires a warrant, but a sniff of property does not if the canine is lawfully present and supported by reasonable suspicion that drugs will be found.

Question 7

What types of searches require warrants in Pennsylvania but not federally?

Answer 7

Hospital records, canine sniffs of individuals, wired informants, bank records, pen registers, and non-exigent automobile searches.

Question 8

What special requirements of a warrant does Pennsylvania impose?

Answer 8

1. The warrant must contain an allegation that the property sought is fruits, instrumentalities, or evidence of a crime.
2. The warrant must particularly describe
   
   1. the person to be seized by either his name or a description by which he can be identified,
      
      1. must be precise enough to enable the executing officer to ascertain the identity, with reasonable effort, the place intended, and where probable cause exists to support the search of the area so designated.
   2. the place to be searched, or
   3. objects of search.

Question 9

What if the police don’t follow knock-and-announce?

Answer 9

Unless exigent circumstances existed or the officers reasonably believed that there would be danger of harm to the officers or destruction of evidence by knocking and announcing, then the evidence must be suppressed.

Question 10

When can the police board a bus?

Answer 10

• The random stop of a passenger bus for purposes of searching for drugs is prohibited unless the police have reasonable suspicion or probable cause.
• HOWEVER, the police may board a bus during a scheduled stop and with the driver’s permission if they speak to each passenger.

Question 11

When can the police rely on radio broadcasts of anonymous tips to stop and frisk?

Answer 11

A police radio broadcast is insufficient to justify a stop and frisk UNLESS the officer can establish

• that the information is from a reliable informant OR
• an independent basis for reasonable suspicion.

Question 12

When can the police obtain hospital blood alcohol data without a warrant?

Answer 12

If the blood test was ordered by the police pursuant to the statute (police think somebody is DUI).

NOT if the blood test was taken for medical purposes and not pursuant to a statute.

Question 13

When are vehicle checkpoints permissible?

Answer 13

If

1. trained officers conduct brief observations of stopped drivers;
2. unnecessary surprise is avoided by advance warnings from a reasonable distance;
3. checkpoints occur at locations and times when drunk driving is frequent; and
4. the decision of which car to stop is made based on a consistent basis, such as every fourth car.

Question 14

When may the independent source doctrine be relied upon by the prosecution?

Answer 14

Only if the source is “truly independent.” However, a second warrant need not be derived from an independent police team, unless there is evidence of willful misconduct on the part of the police.

Question 15

When will the good-faith exception apply?

Answer 15

Never. If a facially valid warrant is later determined to be invalid, then the search is illegal.

Question 16

How can a defendant’s pre-Miranda silence be used at trial?

Answer 16

It may not be used at all, not even for impeachment.

Question 17

How can a defendant waive their Miranda rights?

Answer 17

Only by an explicit manifestation, which can be oral, written, or physical.

Question 18

What evidence must be shared under Brady?

Answer 18

Any material evidence, even if it is inadmissible at trial.

Question 19

Are certificates documenting the calibration and accuracy of breath test machines admissible?

Answer 19

Yes, even without the testimony of the person who calibrated the device and prepared the certificate.

Question 20

Who makes the decision whether a person is mentally retarded for capital punishment purposes?

Answer 20

The judge may make the decision before trial OR the jury may unanimously make the decision during the penalty phase, before considering any aggravating or mitigating factors.

The burden of proof is on the defendant and is a preponderance of the evidence.

Question 21

Can the state retry somebody whose conviction was overturned due to prosecutorial misconduct?

Answer 21

No, if the misconduct was intentionally done to prejudice the defendant to the point of denying a fair trial.