Criminal Procedure Flashcards
Who must conduct the search to implicate the 4th amend?
Government official, cops, or a person under the direction of the government
You have no expectation of privacy in
open fields
When can a search happen?
When there is PC
What does PC mean?
A reasonable person could conclude that items related to criminal activity ca nbe found @ the location
If you have a search, by a gov official, and PC, you need a ___
WARRANT
An officer cannot exceed the ___ of the warrant
scope
Once you find what you are looking for the search must
stop
If officers rely on information that turns out not to be valid, the search is
still okay
Warrant exceptions
Consent, hot pursuit, auto exception, exigent circumstances, SILA, protective sweep, stop and frisk
Consent
Owner of property may consent or a third party who has actual or apparent athority
Auto exception applies when
there is PC that a car has contraband
Exigent circumstances means
there is an emergency. Officer must have reasonable belief that evidence may be lost or destroyed
SILA
The cop can search wiithin the wingspan of someone who was lawfully arrested. Check for lawful arrest
Protective sweep is when
cops have reasonable velief that other suspects are in the house and search
Stop and frisk requires
reasonable suspicion that criminal activity is afoot. Can frisk if the cop has reasonable suspicion that you are armed and dangerous
Miranda needs to be given if there is a
custodial interrogation
once a defendant asks for an attorney
all questioning must stop
Custody means
you are not free to leave. It is an objective standard (reasonable person)
Interrogation means
cops directly ask Q’s/ know or should have known their actions are reasonably likely to elicit an incriminating response
Miranda waiver must be
voluntary. This is looked @ by totality of the circumstances
Voluntary Miranda waiver factors
Coercive behavior, age, education, experience
Double jeopardy means
defendant cannot be tried for the same crime twice
For double jeopardy to apply there must have been
a first trial where a final judgment was issued
Trial begins in jury trials when
the jury is impaneled and sworn
Trial begins in bench trials when
the first witness is sworn
If case is dismissed for technical reasons (jurisdiction, witness tampering, etc) then double jeopardy ___
does not apply
Sovereign rule
If you are tried in a state court and acquitted, you can be tried in federal court
Estoppel
You cannot try a person for felony murder if you couldnt prove the underlying felony
Right to a jury trial
every person has the right to an impartial jury where imprisonment of more than 6 months is possible
Right to counsel
Before indictment there is a 5th amendment right to counsel. After indictment there is a 6th amendment right to counsel.
