DE Crim Rule Statements

Question 1

4th Amendment

Answer 1

Under the Fourth Amendment, the government (including police) are prohibited from unreasonable searches and seizures.

Question 2

Consent Exception to Warrent Requirement

Answer 2

Under the consent exception, a person who has authority to consent or reasonably appears to police to have authority to consent to the search essentially waives the right to argue there was an unreasonable search and seizure.

Question 3

Plain View Exception

Answer 3

For the plain view exception to warrantless search, an officer is allowed to search evidence that (1) is in plain view from a place the officer has lawful access to, (2) and is readily identifiable as illegal or the item to be searched.

Question 4

5th Amendment

Answer 4

the 5th amendment protects against self incrimination

Question 5

Miranda Rights

Answer 5

Under Miranda, a defendant under custodial interrogation must first be read their Miranda rights, which are reminders of (1) the right to remain silent, (2) anything that you say can and will be used against you in a court of law, (3) the right to an attorney, and (4) if you cannot afford an attorney, the state will provide you with one

Question 6

Custody

Explanation for 5th Amendment/Miranda Rule Statement

Answer 6

A person is in custody when theyt would not feel free to leave

Question 7

Interrogation

Explanation for 5th Amendment/Miranda Rule Statement

Answer 7

words or questions that would incite an incriminating response

Question 8

Probable Cause

Answer 8

allows a police officer to conduct a warrantless search if a reasonable officer would believe, that the defendant is in the process of committing a crime or has committed a crime

Question 9

Search incident to arrest exception

Exception to Warrentless Requirement

Answer 9

allows the prosecution to search a defendant’s immediate person and surrounding areas when they conduct a valid arrest to search for accomplices or prevent the destruction of evidence

Question 10

Automobile exception to the warrant requirement

Answer 10

allows an officer to search a vehicle if they have probable cause that the defendant is committing or has committed a felony and if the evidence is related to the crime

Question 11

Brady

Answer 11

A Brady violation has occurred where (1) the evidence that the State intentionally or negligently failed to disclose is material to the case and (2) there is a reasonable probability that the outcome of the defendant’s case would have been different if the State had produced such evidence

Question 12

hot pursuit exception

Answer 12

the police may enter a residence without a warrant when exigent cirumstances require it

Question 13

fruit of the poisonous tree doctrine

Answer 13

doctrine requires evidence that the police discover as a result of violating the defendant’s constitutional rights should be suppresseed