Criminal Procedure Flashcards
Reasonable Expectation of Privacy
(1) Exists when there is a government intrusion into a constitutionally protected area
(2) Determined under a totality of the circumstances
(3) Person has reasonable expectation of privacy in his home or in places in which he is an overnight guest
(4) Does not exist in things held out to the public
Standing to Challenge Search or Seizure
Person can complain about an evidentiary search or seizure only if it violates his/her own reasonable expectation of privacy.
Warrant - Issuance
Most searches must be pursuant to a warrant:
- Issued by a neutral and detached magistrate
- Based on affidavits or sworn testimony setting forth facts sufficient to allow a reasonable person to believe seizable material will be on the premises when the warrant is executed (i.e., probable cause to search)
- Judged on a totality of the circumstances
Lawful Arrest Exception to Warrant Requirement
Police officers may conduct a warrantless search of a person they arrest so long as the arrest is constitutional
- Search may extend to anywhere within arrestee’s reach (wingspan)
- If the arrestee was the occupant of an automobile, officers may search the interior if:
a. Arrestee is unsecured and may still gain access to the interior, or
b. Officers reasonably believe automobile contains evidence of offense for which arrest was made
Automobile Exception to Warrant Requirement
If police have probable cause to believe a car contains contraband or fruits, instrumentalities, or evidence of a crime, they may search the car without a warrant and look into any area in which the items for which they have probable cause might be found.
Plain View Exception to Warrant Requirement
Officers may make a warrantless seizure when:
- Legitimately on premises;
- Discovers contraband or evidence, fruits, or instrumentalities of a crime;
- In plain view;
- Officer has probable cause to believe (that is, it is immediately apparent) item is evidence, contraband, or fruit or instrumentality of crime
Consent Exception to Warrant Requirement
(1) Officers may conduct a warrantless search of premises with consent from someone with apparent right to use or occupy premises
(2) If a suspect co-occupant is present and objects, officer may not conduct the search
Stop & Frisk Exception to Warrant Requirement
(1) Officer may stop a person without probable cause to arrest if officer has reasonable suspicion of criminal activity
(2) If officer also reasonably believes the person is armed and dangerous, officer may pat down the person’s outer clothing
(3) Officer may seize anything during pat down that, by its plain feel, officer believes to be a weapon or contraband
Emergency Aid Exception to Warrant Requirement
(1) Officer may conduct a warrantless search when there is an emergency that may threaten health or safety and immediate action may be needed
(2) Judge objectively, from officer’s point of view
Public School Searches
Search by public school officials is valid if:
- It offers a moderate chance of finding evidence;
- Measures adopted are reasonable related to objectives of the search; and
- Search is not excessively intrusive
Investigatory Detentions (Terry Stops)
(1) Officer may briefly detain a person for investigative purposes if officer has reasonable suspicion based on articulable facts (facts that can be explained verbally – not just a hunch) that criminal activity is afoot
(2) Reasonable suspicion judged under a totality of the circumstances
(3) If suspicion based on informer’s tip, it must be accompanied by indicia of reliability, such as predictive information
Automobile Stops
(1) Stopping a car is a stop of all its occupants for 4th Amendment purposes
(2) Requires at least reasonable suspicion of criminal activity
(3) If officer has probable cause to believe traffic law was broken, stop is valid even if officer subjectively is making stop to investigate a crime for which officer lacks probable cause (pretextual stops are okay)
(4) When special law enforcement needs are involved, roadblocks can be employed if:
1. Cars are stopped on a neutral and articulable basis (e.g., every 3rd car); and
2. Roadblock is designed to pertain to a problem closely to cars and their mobility
Probable Cause to Arrest
At time of arrest, officer has within her knowledge reasonably trustworthy facts and circumstances sufficient to warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law.
6th Amendment Right to Counsel
(1) Applies at all critical stages of a prosecution
(2) Violated when officers deliberately elicit an incriminating statement from a defendant who has been charged without first obtaining a waiver of defendant’s right to have counsel present
(3) It’s offense specific, so a post-charge interrogation about a crime different from the one is not a violation
Miranda–Government Conduct Requirement
To offset the coercive nature of custodial police interrogations, a suspect must be told of the right to counsel and the right to remain silent prior to custodial interrogation by a police officer.
Custody Under Miranda
Determining whether someone is in custody for purposes of Miranda requires a two-step process:
- First determine whether a reasonable person under the circumstances would feel free to terminate the interrogation and leave
- If not, determine whether the environment presents the same inherently coercive pressure as the type of station house questioning at issue in Miranda. If it does, the person is in custody.
Interrogation Under Miranda
Broadly defined as any words or conduct by the police designed to elicit an incriminating response.
Waiving Miranda Rights
(1) To be valid, must be knowing and voluntary
(2) If a detainee is given Miranda warnings and chooses to speak, a valid waiver will be found.
Invoking Miranda Rights to Remain Silent
(1) At any time prior to or during interrogation, a detainee may indicate that he wishes to remain silent
(2) To be effective, such an indication must be explicit, unambiguous and unequivocal
(3) If the right to remain silent is invoked, it must be scrupulously honored (all questioning about the crime must cease)
Invoking Miranda Rights to Counsel
(1) Can be claimed prior to or during interrogation
(2) Request must be unambiguous and specific
(3) All questioning must cease until detainee is provided with an attorney, initiates further questioning, or 14 days pass after detainee returns to normal life.
Grand Jury – Right to Counsel
Grand jury witness does not have right to counsel in the grand jury room.
Fruit of the Poisonous Tree Doctrine
Under the exclusionary rule, not only is evidence obtained in violation of a defendant’s 4th, 5th, or 6th Amendment rights inadmissible at trial, but also any evidence derived from exploitation of the illegally obtained evidence
Good Faith Exception to Exclusionary Rule
Exclusionary rule does not apply when police arrest or search someone erroneously, but in good faith, thinking they are acting pursuant to a valid arrest warrant, search warrant, or law
Inevitable Discovery & Independent Source Rule
If the police would have discovered evidence whether or not they had acted unconstitutionally, the evidence will be admissible.
Harmless Error Test
Conviction will not be overturned merely because improperly obtained evidence was admitted if the government can show beyond a reasonable doubt that the admission was harmless.
Ineffective Assistance of Counsel
Must show:
- Deficient performance by counsel
- But for the deficiency, the result of the proceeding would have been different
Proof Beyond Reasonable Doubt
In all criminal cases the state must prove guilt beyond a reasonable doubt.
When Jeopardy Attaches
(1) Attaches at a jury trial when the jury is shown in
(2) Attaches at a bench trial when the first witness is sworn in
Blockburger Rule
Two crimes do not constitute the same offense if each crime requires proof of an additional element that the other crime does not require, even though some of the same facts may be necessary to prove both crimes.
Privilege Against Self-Incrimination – Testimonial Limitations
Protects only testimonial or communicative evidence and not real or physical evidence.
14th Amendment Voluntariness
(1) Assessed by looking at totality of the circumstances, including suspect’s age, education, and mental and physical condition, along with the setting, duration and manner of police interrogation
(2) Only official compulsion prohibited, confession not involuntary merely because it’s the product of mental disease, drug use, or the like
