Intro & Overview Flashcards
What are the key amendments for Crim Pro that provide a ceiling for the states criminal laws?
4th, 5th, 6th, & 14th Amendments
What does the 4th amendment provide for?
Protects people and their papers, houses, and effects from unreasonable searches and seizures, and requires particularized warrants supported by probable cause
What does the 5th amendment provide for?
No person can be denied his life, liberty, or property w/o due process, and grants each person a privilege against compelled self-incrimination
What does the 6th amendment provide for?
In all criminal prosecutions, the accused has a right to counsel to assist in his defense
What is the exclusionary rule?
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
Who has standing to raise a 4th amendment violation?
A criminal D that was personally the victim of the state’s unreasonable conudct
Analyzing standing to contest a search requires…
the D had a legitimate expectation of privacy in the invaded place
Subsequently seized evidence otherwise inadmissible under the fruit of the poisonous tree doctrine may still be admitted in 3 instances?
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
What is the good faith exception?
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
When doe the good faith exception NOT apply?
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
What are the important limits on the exclusionary rule?
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
When does the admission of illegally obtained evidence NOT constitute reversible error?
- when the error is harmless
2. govt must prove beyond a reasonable doubt that the error didn’t contribute to a conviction
