Criminal Procedure - Essay Rules Flashcards
Motion to Suppress
A D who challenges admiss of ev has a rght to (1) a supprssion hearing hld o/side of jury’s presence, and (2) testify at supprssion hearing w/out testimony admitted agianst D at trial on guilt issue. The (3) state bears the burden of est admssblty by a prepondrnce of the evi. (no H,T)
4th Amendment - Search and Seizure
(but not charged with a crime)
The 4A (14A) provides (1)
4A(14), prvdes:(1) SA shll nt violate pple’s right to be sec agnst (2) s &s (3) tht are Un.
- S.A: 4A limits sa, nt pp acts, unlss pp acts as state agent or instr.
- S &/or S: Srch= sa violats aREofP.Seizocc whn reas prsn bel he isnt free to term a state encntr, or state excntrl over prop p has O/PI in.
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Unreasonable:
- _Inventory Srch_es of a’ees or their prop, after lwfl cust, for safety or to ensure arrestees’ prsnl items are nt lost, does nt req reas’ness u/ 4A to be valid, ala srch is perf accrdng to stndrdizd criteria & prcdure.
- Eavesdrpping A spker hs no 4A claim if mkes no attempt to keep convo private.
- Routine Int’l Border 4A ds nt apply to RIB searches of border crossrs & their belongings.
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Stop & Frisk
- S: If pol hve RS of crim activity or invlvmnt in cmpltd crime, supp by artic facts, they may stop a prsn for investigative purposes.
- F: If pol hve RS detainee is A&D, they may frisk detainee for weapons.
- Vehicle Checkpoint Stops: Pol may set up chckpnts to stop vehicles w/out individualized suspicion the driver violated a law whn (1) based on a neutral, articulable stndrd, & (2) related to a problem pertaining to vehicles and their mobility.
In Conclusion (conclude on Unreasonable)
4th Amendment - Evidentiary Search and Seizure
To be valid under the 4A. evidentiary...
s and s mst be reas. Reas reqs vald warrnt, unlss excep applies. A 4A violtion req (1) a p w/ S, (2) SA, & (3) no valid W or app excep.
- SA: 4A limits sa, not pp acts, unlss pp acts as state agent or instrument.
- S&S: A srch occ whn sa violts REofP. A seiz occ whn reas prsn bel he nt free to term st encnter, or st exrcss contrl ovr prop prsn hs O/PI in.
- Stndng: To objct to admis of illeg seizd ev: (1) D’s own rghts mst be violated, (2) D mst shw O/PI in, items seized, & (3) D mst hve legit priv expct in phys area srchd.
<em>Stop here if has no standing. Go straight to “Exclusionary Rule”</em>
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Warrant A vald srch wrrnt mst be (1) issd by N&DM, (2) bsd on PC, supp by OorA, & (3) dscrbe w/ partic. places to srched and itms to seized.
- Warrant Exceptions [See next flashcard]
Probable Cause
Facts supporting pc may cme frm info frm a reliable, knwn informnt or an unknwn informant tht cn be independently verified. The totality of the circs determines whther info an informant provides is sufficient to create prob cause.
4th Amendment - Evidentiary Search and/or Seizure
(1) Standing
(2) State Action
(3) Warrant
* Warrant Exceptions (ESCAPIT EH)
E mergency circs A srch w/out a wrrnt is auth whn thre is reas apprhnsion delay req to obtain wrrnt will result in (1) immediate danger of ev destruction, (2) safety of off or pub is threatened, or (3) sspct likely to flee b4 wrrnt cn be obtained.
S In (1) LA, pol may (2) srch P&W (areas a’ee may reach to obtain weapons or destroy ev).
C A wless srch is valid if pol hve v&i C. Acq to lwfl auth is nt consent.
A 4A does nt req pol to obtain a wrrnt to srch a vehicle if they hve PC to bel contains ev of crim activity.
P A PO (1) legit on premises (2) may seize an item in PV (incrim charac of ev immed apprnt).
I IS’s of arrestees or their prop, after being lawfully taken into custody, for safety or to ensure arrestees prsnl items are nt lost, does nt req reas’ness to be valid, sla perf accrding to standardized criteria & procedures.
T If pol hve (1) RS of crim activity or invlvmnt in a cmpltd crime, (2) supp by articlble facts, they may stop (detain) a prsn for invest purposes. If pol hve RS detainee is armed & dang they may frisk detainee for weapons.
E vansecent: Ev tht would disappear if pol waited to obtain a wrrnt may be seized w/out wrrnt.
H ot Persuit: If pol hve pc a fleeing indvdual hs comm a felony, they may make a wrrntless s and s, and pursue felon into a private building to arrest.
Warrant Exceptions
Automobile Exception
Automobile Search Incident to Arrest
Automobile: If (1) the police have pc (2) automobile contains ev of crime or contraband (3) police may search anywhere in the vehicle, incl. trunk, that might contain the item. H,T
ASIA: U/ 4A, pol may search the interior compartment of a vehicle, but not trunk, w/out a warrant, incident to a lawful arrest if they demonstrate at the time of the search
(1) arrestee is w/in reach of compartment, and may pose an actual and continuing threat to the officer’s safety or a need to preserve ev from tamper, or (2) the vehicle contains ev of the offense of arrest.
Exclusionary Rule
Evidence obtained in violation of the 4th, 5th, or 6th A may not be introduced at trial to prove guilt.
H, the [item] was/was not obtained in violation of X’s [4,5,6A] rights and could/could not be introduced at trial to prove his guilt.
T, the item should be excluded.
Fruit of the Poisonous Tree Doctrine (PII, DPS)
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4A Exceptions
(1) Purged Taint
(2) Inevitable Discovery
(3) Independant Source -
5A Exceptions
(1) Derivative Physical Evidence
(2) Public Safety Exception
(3) Subsequent Confession
U/ FoPT doctrine, excl rule extends to 2nd ev obtained as a result of an uncx S&S, unless an exception to doc applied.H,T
For 4A violations, use:
(1) Purged Taint Passage of time, or intervening events, may sufficiently attenuate the causal connection b/w 2 ev and primary taint (police misconduct) to permit use of ev at trial. H,T
(2) Inev Discovery 2 ev may be admis if ev will be inev dscvrd through lawful means. H,T
(3) Indep Source 2 ev may be admis if ev is discvrble in part by an indep source unrelated to the tainted ev. H,T
For 5A violation, use:
(1) Derivative phys ev obtained frm an inadmis confession due to police failure to inform a suspect of MRs is admissible. H,T
(2) Public Safety Exception Police may interrogate a suspect w/out Mir warnings when public safety at risk. H,T
(3) Subsequent confession M warnings removes th taint of a prior M violation to admit a subsquent confession whn th unwarned q’ning was unplanned and inadvertent. H,T,
5th Amendment
The 5A (14A) provides…
5A, (14A), prvdes tht no prsn shll be complld in a crim case to be a W against hmslf. A s/ment obtianed as result of (1) C, (2) I may nt be usd agnst a sspct at trial, unlss pol (3) infrm suspct of MR, & sspct (4) intelligently waives thse rights.
- C: Cstdy exsts whre prsn is nt free to leave, or signfcntly deprvd of freedm of action.
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I: is q’ing, expres or thrgh wrds or actns, initiated by lw enfrcmnt, tht pol knw osk, likely to elicit an IR.
- Volunteered S/ments: A D’s v.s’s are nt prtctd by Miranda. A cnfssion is invol only if pol coerce D into mking cnfssion. Totality of circs dtrmine whther a s/ment is vol.
- MR: Once cust interro begins, to secure priv against self-incrim, anything D says is inadmis until informed of MRs, & D intel waives those rights.
Fifth Amendment
Privilege Agianst Compelled Self-Incrimination
Due Process Clause (BERP)
- Burden of Proof
- Right to Testify
- Pretrial Identification
Priv Agnst Comp Self-Incrim: U/ 5A, a D may refuse to testify at a crim trial.
DPC: of 5A (14A) reqs a pros to disclose to def & ct all knwn EE or info tht tends to disprve guilt or mitgte an offnse.
- BofP: DPC req pros prve all elements of a crime BRD. DPC does nt forbid state frm placing burden of proving an affirm defense on D (eg, insan, s-d, entrap, duress).
- [RtoT: A crim D’s right to testify on own behalf is ess to DP & a fair trial, bt does nt extnd to tstfyng falsly.
- Pretrial Id: DPC of 5A (14A) prhbts pretrial id process tht is (1) unnec suggestive & whre thre is a (2) subst liklihood of mis-id.
5A - Right to Counsel
5A - Right to Counsel: The 5A (14A) right to counsel protects against the right to be free from compelled self-incriminaiton. [A pretrial id is not considered interrogation.] H,T,
6A - Right to Counsel
Ineffective Counsel
Standby Counsel
Waiver
6A(14) (1) provides th right to counsel to the accused, (2) in all fel cases and misd cases imposing actual or suspended incarc, (3) at all critical stages of pros, frm formal charge until sentencing, (4) unless waived.
- Ineffective Counsel: Right to counsel encompasses right to be assisted by a reas competent attny. An attny is ineffective whn: (1) rep falls below an objective reas stndrd, and (2) deficient perf pj D, resulting in an unreliable or fundamentally unfair outcome in the proceeding.
Specify the errors of trial counsel; cannot be based on inexperience, lack of time to prepare, trial tactics, failure to raise cx claim that is later overrulled, accessibility of witnesses, charges, defenses.
- Standby Counsel: A crim D who proceeds pro se has no cx right to assistance of counsel. Standby counsel is at judge’s sole discretion. H,T,
- Waiver: A competent D hs a right to refuse counsel & proceed pro se at trial, unless request is untimely, or D is unable or unwilling to abide by procedural rules, if a ct finds the waiver (1) knowing and (2) intelligent. H,T
6A - Confrontation Clause
Co-Defendant Confession
U/ 6A(14A), accused hs right to (1) directly encounter & (2) x-examine adverse Ws.
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Co-D Confession: If 2 prsns are tried together & a co-D confession implicates D, right of confrontation prohibits use of tht confesion, even whre the confession may be admitted if
(1) all portions referring to the D are eliminated,
(2) the co-D takes the stand an subjects to x-exam on the truth or falsity of the co-D’s confession,
(3) the co-D confession is used to rebut the D’s claim that the D’s confession was obtained coercively.
6A - Guilty Pleas
Guilty Plea Withdrawal
A guilty plea waives certain cx claims, and must be voluntary and intelligent. B4 a ct accepts a GP, judge must prsnlly advise D:
(1) GP waives right to trial, (2) right to plead not guilty, (3) critical elements of the charges, AND (4) max and min sentence possible. Failure to advise D of each point renders a plea involuntary. H,T
GP Withdrawal A D may withdraw a GP if D shows failure to meet the standards for taking a GP. H,T
6A - Speedy Trial
6A - Jury Trial
Waiver
Number
Unanimous
Representative Cross-Section
Preemptory Challenges
Jury Trial - Death Penalty
6A - Speedy Trial (ST): The 6A (14A), guarantees a ST post-accusation. Violation of a D’s right to ST depends on totality of circ. Factors considered: (1) length of delay, (2) reason for delay, (3) D asserted right, and (4) pj to D. The remedy for violating a right to ST is dismissal of charges with pj. H,T
6A - Jury Trial: The 6A (14A), prvdes right to jury trials for serious offenses (>6 mths imprisonment). H,T
Waiver Unless a ct or prosecutor compels D to a jury trial whn a fair trial is not denied, a D may waive a jury trial, if waiver is (1) knowing and (2) intelligent. H,T
# Mst be at least 6 jurors to satisfy right to a jury trial. H,T
Unanimous 6p jurors must be unanimous, but no cx’l right to a unanimous verdict if more than 6 jurors. H,T
Representative Cross-Section A jury mst be selected frm a represenative community x-section. To est. absence of a rep community x-section: (1) group excluded is distinctive in community, (2) group not fairly represented in jury pool, (3) underrep resulted from systematic exclusion of group in jury selection. H,T
Preemptory Challenges: disqualify potenetial jurors during the jury selection process w/out a need to show cause. The EPC of 14A prohibits … based solely on race or gender. H,T
Jury Trial - Death Penalty: Prospective jurors opposed to the death penalty may be removed for cause if their opposition prevents or substantially impairs performing their duties at the sentencing phase. H,T
