Intro & Overview Flashcards

1
Q

What are the key amendments for Crim Pro that provide a ceiling for the states criminal laws?

A

4th, 5th, 6th, & 14th Amendments

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2
Q

What does the 4th amendment provide for?

A

Protects people and their papers, houses, and effects from unreasonable searches and seizures, and requires particularized warrants supported by probable cause

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3
Q

What does the 5th amendment provide for?

A

No person can be denied his life, liberty, or property w/o due process, and grants each person a privilege against compelled self-incrimination

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4
Q

What does the 6th amendment provide for?

A

In all criminal prosecutions, the accused has a right to counsel to assist in his defense

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5
Q

What is the exclusionary rule?

A

A procedural rule used to deter unlawful police conduct. Holds that evidence seized in violation of the 4th amendment including physical evidence and statements, is inadmissible in a criminal proceeding.

***doesnt apply to impeachment evidnence

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6
Q

Who has standing to raise a 4th amendment violation?

A

A criminal D that was personally the victim of the state’s unreasonable conudct

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7
Q

Analyzing standing to contest a search requires…

A

the D had a legitimate expectation of privacy in the invaded place

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8
Q

Subsequently seized evidence otherwise inadmissible under the fruit of the poisonous tree doctrine may still be admitted in 3 instances?

A

1- independent evidence obtained from an independent source

2- inevitable discovery

3- ann intervening act of free will by the D, such as a confession after release

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9
Q

What is the good faith exception?

A

1- evidence obtained pursuant to an invalid warrant will not be excluded if a reasonably well train officer would have believed that the warrant was valid.

a- reliance on a facially valid warrant
b- reliance of a valid statute
c- reliance on a court official

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10
Q

When doe the good faith exception NOT apply?

A

1- police mislead the court to obtain it
2- magistrate is not neutral and detached
3-no reasonable officer would have believed the warrant was valid

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11
Q

What are the important limits on the exclusionary rule?

A

1- evidence excluded may still be used for impeachment2

2- confessions obtained w/o miranda warnings may be used to impeach a D testimony unless its coerced of immunized

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12
Q

When does the admission of illegally obtained evidence NOT constitute reversible error?

A
  1. when the error is harmless

2. govt must prove beyond a reasonable doubt that the error didn’t contribute to a conviction

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