Federal Criminal Procedure Flashcards
What is the automobile exception to the Fourth Amendment
The automobile exception authorizes a warrantless search of a person’s vehicle when (1) police have probable cause to believe that the vehicle contains evidence of a crime and (2) the search is limited to areas where the evidence might be located. Police can search any containers inside the vehicle - including the trunk and locked containers.
Can evidence seized following a non-Mirandized statement be admitted
Yes, physical evidence obtained as a result of a non-Mirandized statement is admissible so long as that statement was voluntary
When does the right to counsel under the Sixth Amendment attach
When judicial proceedings commence and critical stages of prosecution
What is the Blockburger test
The 6A right to counsel attaches to an uncharged crime that constitutes the same offense as a formally charged crime. It does not attach to an uncharged crime that requires proof of an element that the other does not.
What is the rule under Apprendi
Any fact that exposes a criminal defendant to a greater punishment than authorized by the jury’s guilty verdict is an element that must be submitted to and found by the jury
Are Miranda warnings required when an officer is undercover?
No, Miranda warnings are not required when a suspect does not know that the interrogator is a police officer
What constitutional rights do witnesses have at grand jury proceedings
Right to consult with an attorney outside the room, privilege against self-incrimination, and equal protection (no racial discrimination allowed in the selection of grand jurors).
What impact does an illegal arrest have on prosecution?
An illegal arrest does not prevent the subsequent prosecution of the arrestee so long as the arrestee was properly charged
Does the automobile exception to the Fourth Amendment extend to passengers
No, probable cause to believe a vehicle contains evidence of a crime does not justify a warrantless search of a person is, or had been, a passenger in the vehicle.
What is the proper remedy for illegal arrest?
Suppression of evidence obtained pursuant to the arrest
What are the elements of a valid search warrant
(1) based on probable cause (2) supported by a sworn oath or affidavit (3) issued by a neutral and detached magistrate and (4) particularly describe the place to be searched and the items to be seized
What rights do non-indigent criminal defendants have under the Sixth Amendment
Non-indigent criminal defendants have the right to choose the attorney who will represent them.
When can a court limit a non-indigent criminal defendant’s right to counsel
(1) defendant unable to pay desired attorney (2) attorney declines representation (3) attorney has conflict of interest (4) advocate is not an attorney
What are critical stages of the criminal prosecution
Post indictment: lineups, in-person identifications, interrogations; arraignments, preliminary hearings, bail hearings, and pretrial motions; plea negotiations and hearings, trial and sentencing
What are noncritical stages of the criminal prosecution
Pre-charge lineups, photo array identification, fingerprinting/handwriting or voice exemplars/blood samples, initial appearances, hearings to determine PC, discretionary appeals, post-conviction proceedings (parole/probation)
