Criminal Procedure Flashcards
Whose actions are covered by the constitution as far as criminal procedure concerns go?
the government
private citizens acting as government agents (i.e., government asked them to do something)
defense counsel for 6A purposes
What limits exist on what cops can do in a public place?
Nothing except seizure rules (i.e., they can tail someone, approach anyone in a public place)
When has a seizure occurred?
What is the test?
When an officer,
by means of PHYSICAL CONTACT or a SHOW OF AUTHORITY
INTENTIONALLY terminates/restrains a person’s freedom of movement
Test: whether a REASONABLE PERSON would feel free to DISREGARD the officer and go on their way
What is a Terry stop?
when an officer STOPS an individual,
due to REASONABLE and ARTICULABLE SUSPICION
to believe suspect is/is about to be engaged in criminal behavior
What is allowed during a Terry stop?
pat down for WEAPONS, not for EVIDENCE
BUT if the pat down reveals objects that are OBVIOUSLY CONTRABAND, those can be seized
Is an officer’s mistake of law allowed to give rise to reasonable suspicion to make a Terry stop?
yes, IF IT’S A REASONABLE MISTAKE of law
What result for seized evidence if a Terry stop is NOT based on adequate suspicion, but basis for lawful arrest is developed during stop?
evidence seized during arrest CAN BE USED AT TRIAL
If an arrest is unlawful, can evidence seized during an UNLAWFUL arrest?
CANNOT be used at trial (generally, lol)
What is required for a cop to stop a car?
REASONABLE SUSPICION*
*unless checkpoint, then no RAS required
What can officers do after stopping a car?
Pat down occupant for WEAPONS if they have REASONABLE SUSPICION that he may be armed
What is required to make an arrest, generally?
PROBABLE CAUSE to believe that individual has committed a crime
Are pretextual arrests okay? (i.e., stopping someone for failing to stop at a stoplight even though you are actually stopping him because you think, without RAS, that he may have drugs)
YES, assuming there is no EP issue
What is required to get an arrest warrant?
Finding of PROBABLE CAUSE
by a NEUTRAL AND DETACHED MAGISTRATE
What must go on a warrant?
NAME of person
the OFFENSE
What does an ARREST warrant authorize cops to do if the person is at home?
What does it not authorize?
allows officers to ENTER HIS HOME to arrest him
does NOT authorize cops to enter a THIRD PARTY’S home or business
does NOT authorize cops to SEARCH premises for individual (need search warrant or exception)
When can a cop arrest someone INSIDE A DWELLING?
1) with arrest WARRANT
2) there are EXIGENT CIRCUMSTANCES (e.g., felony hot pursuit, danger to others)
3) CONSENT to enter home
When can a cop make a WARRANTLESS ARREST?
in PUBLIC,
for ANY CRIME committed in PRESENCE of cop,
for a FELONY committed OUTSIDE cop’s presence
What can a cop search when arresting someone?
cops can make a CONTEMPORANEOUS search of:
1) the PERSON ARRESTED, and
2) IMMEDIATE SURROUNDING AREAS in order to:
a) find WEAPONS or other DANGERS, and
b) prevent DESTRUCTION OF EVIDENCE
What constitutes the immediate area that a cop can search upon making an arrest when:
arrested on the street?
at home?
in a car?
street: suspect and his WINGSPAN
home: suspect and IMMEDIATE ARREST AREA
car: PASSENGER COMPARTMENT IF SUSPECT STILL HAS ACCESS
When can cops search an entire car for evidence?
1) search warrant
2) with PROBABLE CAUSE of CONTRABAND
3) when it’s impounded (for inventory purposes)
Can cops search a cellphone during an arrest?
they can SEIZE the cellphone during an arrest and check it for DANGERS, but they need a WARRANT to search the phone’s information
What is a “search”?
Occurs when THE GOVERNMENT’S conduct violates a REASONABLE EXPECTATION OF PRIVACY
can be physical intrusion or without physical intrusion (e.g., special technology)
Where do you have and not have an expectation of privacy?
YES expectation of privacy:
- homes
- backyard of home (curtilage)
- hotel room
- offices
- luggage
- car (but limited)
NO expectation of privacy:
- public streets
- open fields (even if private property)
- garbage left on street
- abandoned property
What is required to conduct a search of a place with reasonable expectation of privacy, generally?
What is required of that thing that’s required?
a SEARCH WARRANT
requires:
1) issued by NEUTRAL magistrate
2) based on PC that items sought are FRUITS, INSTRUMENTALITIES, or EVIDENCE of crime
3) must describe property and place to be searched WITH PARTICULARITY