Criminal Procedure CMR 1 Flashcards
What provides the floor of protection for criminal defendants?
The Constitution provides the floor of protection for criminal ∆s. The STATES are free to grant greater protection.
What Constitutional rights are NOT binding on the states?
The right to indictment by a grand jury for capital and infamous crimes (aka felonies).
It has not yet been determined whether 8A prohibition ag excessive bail creates a right to bail (but most state constitutions create a right to bail and prohibit excessive bail).
What is a seizure?
Any exercise of control by a government agent over a person or thing is a seizure (e.g., arrests).
The test:
A seizure occurs when, under the total of the circumstances, a reasonable person would feel that they were NOT FREE to decline the officer’s requests or otherwise terminate the encounter.
What is an arrest?
An arrest occurs when the police take a person into custody against their will for purposes of criminal prosecution or interrogation.
What must an arrest be based on?
An arrest must be based on probable cause (trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed/is committing a crime for which arrest is authorized by law).
Is a warrant required for a home arrest?
A warrant is generally required to effect a nonemergency arrest of a person in their home. The officers executing a warrant may enter the suspect’s home only if there’s reason to believe the suspect is within it. CAN ONLY ENTER W/ WARRANT IF POLICE BELIEVE SUSPECT IS INSIDE!!
A warrant is generally not required before arresting a person in a public place.
Does a person who entered premises to buy illegal drugs have a reasonable expectation of privacy?
The Supreme Court has held that a person who was on the premises that were searched to buy illegal drugs does not have a reasonable expectation of privacy in the premises.
If an adult lives with his parent and the parent has general access to his room, can the police conduct a warrantless search of his room if the parent consents to it?
Yes. A search of a residence can be based on the voluntary consent of the occupant. Where a parent has general access to a room occupied by a son or daughter, the parent can give a valid consent to a general search of the room even if the son or daughter is an adult.
