Criminal Procedure Flashcards
Jury
Right to 12 person jury; right to poll jurorsl both D and commonwealth have right to jury demand
When CW seeks in rem forfeiture of property, property owner has a right to jury trial
Automobile searches
Auto exception to warrant requirement when supported by probably cause. THis is the same as under 4th am
DUI checkpoints
Permitted only when 4 requirements are met:
(1) Trained officers conduct brief observations of stopped drivers
(2) Unnecessary surprise is avoided by either advance publicity or visbility from a reasonable distance
(3) Occur at locations and times when DUIs are frequent; and
(4) Decision of which car to stop must be made on objective basis, such as every fourth car
*Cars are permitted to turn around to avoid checkpoint, but may not drive around the checkpoint
Anonymous Tips
Insufficient by themselves for a stop adn frisk; must be accompanied by either (1) ev that the police broadcast was from a reliable informant; or (2) officers have an independent basis to belief tha tcriminal conduct is afoot
Forced Abandonment
When police begin persuit of offender, offender’s decision to discard contraband mid-flight is treated as coerced and non-volitional; it is a seizure and so if there was no probable cause then it is suppressed
Standing
All people charged with possesssory offenses have standing to challenge the seizures; does not mean you will win argument that you had a reasonable expectation of privacy, but you at least have standing to raise it
Blood Alocohol Data
Health care providers cannot release BAC test result absent a warrant when the tests were performed for independent medical purposes
Good faith exception to warrant requirement
No good faith exception to the exclusionary rule
Canine Sniffs
Canine sniffs are treated as searches under PA law;
Reasonable suspicion is required to conduct a canine sniff of property;
Probable cause is required to conduct a canine sniff of a person
Bank Records
Officers cannot access bank records without a warrant supported by PC; this is not the case MBE
Pen Registers
Record phone numbers; Cannot use pen registers without a warrant supported by probable cause
Bus Stops
Officers may not pull over commercial passenger buses without reasonable suspicion or probable cause;
They may board a bus with no suspicion at all fi they are are a scheduled stop
Electronic Surveillance in the Home
A wired informant may not be sent into suspect’s home without a warrant supported by PC
Waiver of Miranda
Must be explicit with either oral, written, or physical manifestation or waiver
Use of Silence to Impeach D’s Credibility
Silence at time of arrest, prior to Miranda warnings may not be used to impeach
