Missed Law & Factual Triggers from Debriefs Flashcards
State action requirement
Criminal constitutional protections apply only in the case of state action.
“A, a nurse, was assigned to the prison” - trigger?
- Discuss standing
- Unclear whether A is a state employee
- Apply facts
“A, a nurse, is assigned to the prison. Takes sample pursuant to statutory compulsion.” - trigger?
- Takes sample pursuant to state statute
- State action
Ex Post Facto Clause
Prevents a government from passing a statute that criminalizes conduct or increases a punishment for conduct that occured prior to the effective date of the law.
“Here, DNA sampling statute passed in 2004 and was well after A’s 1994 criminal conduct, but does NOT increase punishment or criminalize. Therefore does NOT violate the clause.”
“A, at time of swabbing, had not been charged with the rape of B, but makes demand for counsel.” - Issue? Result?
- 6th Amendment Right to Counsel
- Applies to a specific offense only after the accused has been formally charged with that offense.
- Here ar the time of the swabbing, A had not been charged with the rape of B, so the failure to honor his demand for counsel does NOT violate this clause.
4th Amendment Standing - Foundational Statement
The 4th Amendment Search & Seizure Clause, applicable to the states through the 14th Amendment, prohibits governmental warrantless searches and seizures, with limited exceptions.
Standing to challenge a search or seizure requires that the defendant have a reasonable expectation of privacy in the place searched or item seized.
Warrantless search or seizure in prison context - general issue? result?
- 4th Amendment Search & Seizure Clause
- Prohibits governmental warrantless searches and seizures, with limited exceptions
- Standing to challenge gov’t action under this clause requires that the person have a reasonable expectation of privacy in the place searched or the item seized
- One has only a reduced expectation of privacy in a prison setting.
Warrantless search of body and seizure of DNA in prison context (of prison inmate) - issue? Result?
- 4th Amendment S & S
- Prohibits warrantless governmental searches or seizures, with limited exceptions
- Standing to challenge requires that the person have a reasonable expectation of privacy in the place searched or item seized.
- Generally, an inmate has only a reduced expectation of privacy in a prison setting.
- However, an inmate would have a resonable expectation of privacy concerning search of his body and seizure of his DNA because both are unrelated to prison security. (unless facts state otherwise.)
4th Amendment applies, but no governmental warrant to search or sieze obtained. - what issue? result?
- An exception must apply
- If an exception does not apply, then the government is in violation of the 4th Amendment.
- If in violation, seek remedy –> i.e., Motion to Suppress e/v obtained through illegal action or fruit of the poisonous tree.
Administrative Searches Exception - Foundational Statement
The Administrative Searches Exception permits a warrantless search or seizure when there are special needs, typically associated with non-criminal investigative activities.
FP: “Here, the search is authorized by satute unrelated to the collection of evidence for a specific criminal investigation, rendering is valid under the 4th Amendment.”
“A, who is incarcerated, is forced to provide a DNA sample by nurse without his consent. Asserts right against self incrimination.” - what result?
- No protection
- The 5th Amendment only protects testimonial, not physical evidence.
“A was charged with, found guilty of and was sentenced for possession of cocain in 11/11/05 and is not being charged with possession of cocaine and other crimes that were part of that same criminal event.” - what issue? what result?
- 5th Amendment Double Jeopardy Clause
- prohibits the government from trying or punishing a person twice for the same offense
- Apply the Required Evidence Test
“A requests counsel at the moment of sentencing” - issue? result?
- 6th Amendment Right to Counsel
- Provides that a defendant has a right to counsel at all critical stages of a prosecution.
“A hurriedly attempted to waive his right to counsel by requesting to proceed without counsel, saying ‘I want to get this overwith’” - issue? result?
- 6th Amendment Right to Counsel
- Provides that a defendant must have access to effective counsel at all critical stages of prosecution.
- Also provides that in order to effectively waive this right, one must make a knowing and intelligent waiver.
- Court also has an obligation to question the defendant to make sure that he understands the consequences of his decision.
- Whether there has been an intelligent waiver of the right to counsel depends upon the facts and circumstances surrounding the case, such as background, experience and conduct of the D.
