MBECrimPro Flashcards
Stop + Frisk
- RS based upon *articulable facts;* more than vague suspicion, less than PC
- detain only as long as necessary to confirm/deny suspicion
- frisk = pat down of outer clothing, but plain feel exception allows seizure of object if obviously contraband
Search Incident to Arrest (Non-car)
- Search of wingspan for officer safety + destruction of evidence; extends to pockets, purse, containers found on/near if big enough to hold weapon, but not cell phone
- Protective sweep
Coerced/Involuntary Confession
- Threats: must be outrageous/not backed up by facts
- Conditions of interrogation: must overbear will of suspect
- Must be compulsion on part of police
Miranda Warnings: Custody
- Freedom of action denied in a significant way
- NOT Terry stop or traffic stop b/c brief
Miranda Warnings: Interrogation
- Words/conduct should have known likely to elicit response
- Not spontaneous confession; booking questions; questions by jailhouse informant
Exception to Fruits Doctrine
- Intervening act of free will removes taint
- Independent source
- Inevitable discovery
- Miranda has no fruits doctrine
6th A Right to Jury
- Offenses authorizing more than 6 months in prison, regardless of sentence imposed
- No aggregation for multiple offenses
Reasonable expectation of privacy: Curtilage
- proximity to home
- included w/in enclosure
- nature of uses to which area is put
- steps taken to protect area from observation
Immigration law enforcement and 4th A
- Car may be stopped on random basis at border w/out RS
- If not at border, all cars may be stopped at fixed checkpoint, but no single car can be singled out absent RS
Facially valid search warrant can only be attacked by showing:
- contained false statements made w/ knowing or reckless disregard for truth; and
- false statements necessary to finding of PC
Warrantless blood samples
4th A requires warrant if can reasonably be done, but ok under “emergency situation” exception on case-by-case basis
Administrative Searches
- Can be done w/out warrant for highly regulated industries + airplane boarding areas
- Cn be used to investigate crime, but evidence discovered admissible
Examples of “admin searches” exempt from warrant req’t
- public schools may search students w/ reasonable grounds
- special needs searches (drug testing rrd employees after accident or student athletes)
- inventory searches after lawfully taking custody of property (standardized criteria + procedures)
- factory searches of entire work force to determine citizenship of workers
Wiretaps
i) Limited in time;
ii) PC specific crime was or about to be committed;
iii) Names person(s);
iv) Describes w/ particularity conversations to be overheard;
v) Includes provisions for termination
Second confession after receving Miranda (not given before first)
taint removed, unless substance of warnings has been drained away
To suppress a W’s pretrial ID, D must show…
(i) impermissibly suggestive (unnecessary + due to police wrongdoing)
(ii) substantial likelihood of misidentification
Right to Bail
No con’l right to bail, but denial of bail must comport w/ DP + amt higher than reasonably calculated to ensure D’s presence at trial is “excessive” under 8th A
Test for Competency to Stand Trial/Plead Guilty
Comprehends nature of proceedings against him + ability to consult w/ lawyer w/ a reasonable degree of rational understanding
For guilty plea to be voluntary, D must know + understand:
- nature of charges + essential elements
- consequences of plea
- rights he is waiving
Automobile Inventory Search
(1) PO lawfully impounded car; +
(2) acted pursuant to standard policy of routinely securing + inventorying contents, rather than solely for investigatory purposes
