Essay 09. Criminal Procedure Flashcards

Question

# 4th Amendment > Search > Exceptions to the Warrant Requiement Exigent Circumstances | Criminal Procedure ## Footnote MEE

Answer 1

1. Hot pursuit of a fleeing felon 2. Danger of destruction of evidence 3. Police or public safety

Answer 2

* Cannot exceed scope of consent * Must be voluntary (no threats, compulsion, or false assertion of lawful authority)

Answer 3

Excludes evidence obtained as a result of the government's violation of the 4th Amendment NOTE: Also excludes "fruits of the poisonous tree" = other evidence obtained as a result of the violation

Answer 4

1. Inevitable Discovery Rule 2. Independent Source Doctrine 3. Passage of Time (Attenuation) 4. Good Faith Reliance

Answer 5

* Provides that no person shall be compelled in a criminal case to testify against himself * Often called the right against **self-incrimination** * Applies to testimonial evidence coervicely obtained by police

Answer 6

Required to give warnings prior to custodial interrogation

Answer 7

Defendant reasonably believes he is not free to elave or is otherwise depriced of freedom

Answer 8

Police expressly question defendant OR police words or actions are likely to elicit an incriminating response

Answer 9

* Must be knowing and voluntary * Silence is not sufficient to invoke OR waive Miranda rights * Must make an affirmative statement

Answer 10

Cannot be the result of government coercion

Answer 11

* After a defendant receives Miranda warnings and does not invoke the right to remain silent, the defendant might device to make an uncoerced statement to police * This constitutes a waiver of Miranda rights * Police have no obligation to inform the defendant that his attorney is trying to reach him

Answer 12

* Must unambiguously assert the right to counsel = police cannot question the defendant any further * Not offense specific = once the right is invoked, police cannot question the defendant about any crimes * Ambiguous Statement = police are under no duty to clarify or provide counsel * A subsequent voluntary statement can be admissible

Answer 13

Must unambiguously assert the right to remain silent

Answer 14

* After invoking rights, police may not re-approach the defendant later * Exception = if there is a break in custody for 14 days or more (Right to Counsel), plice may re-approach the defendant, give fresh Miranda warnings, and attempt to get a waiver

Answer 15

Defendant may only assert his own Miranda rights

Answer 16

* Voluntary Confession = not protected by Miranda * Involuntary Confession = inadmissible for any purpose * Based on the totality of the circumstances: police conduct; defendant's characteristics; timing of statement

Answer 17

* Arises when a confession is obtained in violation of Miranda, then later the rights are read, and the defendant waives and confesses again * May be admissible if the initial confession was the result of a good faith mistake

Answer 18

* Excluded as substantive evidence * Admissible as impeachment evidence if inconsistent with later testimony

Answer 19

Any physical fruits of voluntary confession can be admissible evidence

Answer 20

* Automatically applies at all critical stages of prosecution after formal proceedings begin * Critical stages include: post-charge in person line-ups & questioning by a government informant * Formal proceedings = indictment or formal charge * Offense Specific = does not prevent the police from questioning the defendant about other crimes that have not been formally charged * Waiver = must be knowing and voluntary

Answer 21

Must not be conducted in a manner that is impermissibly suggestive or provides a substantial likelihood of misidentification

Answer 22

1. Due Process Clause (Burden of Proof) = prosecution must prove all elements of the crime beyond a reasonable doubt 2. Sentencing = any fact, other than a prior conviction, that is used to increase the sentence beyond the statutory maximum, must be charged and proved beyond a reasonable doubt (applies when the fact could increase the sentence beyond the maximum prescribed by statute)

Answer 23

Provides protections against: 1. Prosecution for the same offense after aquittal; 2. Prosecution for the same offense after conviction; AND 3. Multiple punishments for the same offense

Answer 24

Same v. Separate Offenses = Each crime must require proof of an element that the other does not to be considered a separate offense. If they don't have different elements, may be viewed as some offense and subject to Double Jeopardy

Answer 25

Prohibits multiple prosecutions of greater and lesser-included offenses NOTE: Permissible to charge a defendant with a greater and lesser-included offense in the same action