evidence Flashcards
what is the automobile exception to the fourth amendments warrant requirement
if officers have probable cause to believe that the car, and trunk, contained the fruits, instrumentalities or evidence of a crime, they may search without a warrant any part of the car in which they may be hidden.
does miranda rules apply to spontaneous statements made in custody?
no, because such statements are not made in response to custodial interrogation. such statements are admissible despite not being read Miranda warnings prior to the statement. (such a statement would not be in violation of due process clause)
must a non government agent give a Miranda warning?
no, if the actor is non government worker, no miranda or sixth amendment issues arise.
when does a warrantless search of a probationer and his home, without reasonable suspicion, not violate the 4th amendment?
when probationer has consented in advance to searches as a condition of probation.
when may a warrant be issued
on probable cause to believe that fruits, instruments, or evidence of a crime will be found at the place to be searched.
when does probable cause exist?
when facts and circumstances are sufficient to warn a reasonbly prudent person to believe such evidence exists in the place
justification of officer pursuit
probable cause (discuss facts in relation)
when is a detention by an officer unreasonable under 4th amendment
when it is longer than necessary to issue citations, run criminal history, etc.
what is SILA (search incident to lawful arrest)
an exception to warrant requirement. requires LAWFUL arrest (probable cause)
what happens after Miranda rights are given and suspect opts to remain silent and requests counsel
officer has an obligation to scrupulously honor the invocation of Miranda rights. prohibited from initiating any questioning when right to counsel invoked. if either is violated, statement may not be admitted and used in court.
what does the confrontation clause of 6th amendment do
prohibits admission of testimonial statement from a witness who is not subject to cross exam at trial (includes death as reason unable to be cross examined)
what is the exigency exception to 4th amendment warrantless search
exigent circumstances vitiates need for warrant (i.e. criminal in known possession of drugs runs into home)
what is knock and announce
police must knock and announce, awaiting a response to their knock. but alone will not exclude evidence, since exclusionary rule doesnt apply to knock and announce violations.
is evidence of single photo identification procedure admissible
a photgraphic identification procedure involving use of single photo is suggestive because it suggests to the witness that the lone person is perpetrator. when it is unnecessarily suggestive it must be excluded from evidence if likely to result in an unreliable identification.
who must a warrant be obtained from?
a neutral and detached magistrate (prior to searching the home)
