search and Seizure

Question 1

4th amendment

Answer 1

The right of the people to be secure in their:
1. persons
2. house
3. papers
4. and effects
against unreasonable searches and seizure,

Question 2

Where do we get our search and seizure laws?

Answer 2

1. 4th amendment
2. Section 7, Article II of Constitution
   of Colorado.

Question 3

4th amendment rules:

Answer 3

1. warrant rule
2. probable cause rule
3. Reasonableness rule

Question 4

Privacy definition

Answer 4

reasonable expectation of privacy which society will recognize

Question 5

how is Reasonableness determined

Answer 5

1. balancing the states interest in
   conducting a search against the
   intrusion into a persons legitimate
   expectation of privacy
2. examining the facts as they existed
   at the moment the search was
   undertaken

Question 6

Katz

Answer 6

FBI phone booth
When a person exabits actual subjective expectation of privacy, which society recognizes as being objectively reasonable.

Question 7

5th amendment

Answer 7

1. The right to remain
   silent.
2. The right to
   counsel
3. Privilege against
   compulsory self
   incrimination
4. Due process clause

Question 8

Two types of waived rights

Answer 8

1. expressed waiver
2. implied waiver

Question 9

Custody means

Answer 9

1. under totality of circumstances
2. a reasonable
   person in the defendants
   position would consider
3. deprived of his freedom of
   action to the degree of a formal
   arrest

Question 10

When does a seizure occur under the 4th amendment

Answer 10

1. when a reasonable person
   would not have felt free to
2. leave or otherwise terminate an
   encounter with the law
   enforcement.

Question 11

Functional equivalent of interrogation

Answer 11

any words or actions by the police which they should know are reasonably likely to elicit an incriminating response.

Question 12

exceptions to Miranda

Answer 12

1. volunteered or spontaneous statements
2. clarifying questions
3. routine questions
4. spontaneous questions
5. questions related to public safety

Question 13

do you have to speak a single word to be engaged in “interrogation”?

Answer 13

no
actions can be the functional equivalent of questions

Question 14

are standard booking questions and custodial instructions and inquiries considered interrogation

Answer 14

no

Question 15

Terry stops implicates what ammendment

Answer 15

4th

Question 16

when peace officers investigate a ____ or a _______. The peace officer shall electronically record the interrogation.

Answer 16

1. class 1/2 felony
2. felony sexual assault.

Question 17

Rules of Interrogation

Answer 17

1. Mosley Rule
2. Edwards Rule
3. Roberson Rule

Question 18

Mosley Rule

Answer 18

ability to conduct a second interrogation of a person who has exercised his Miranda right to remain silent. If you mirandize them again and they waive their right to stay silent.

Question 19

Edwards Rule

Answer 19

ability to conduct a second interrogation after a person has exercised his Miranda right to counsel present If you mirandize them again and they waive their right to stay silent.

Question 20

Shatzer

Answer 20

Break in custody (14) days ends the presumption of involuntariness under Edwards

Question 21

The Roberson Rule

Answer 21

an accused who is in custody and has invoked the right to counsel cannot be subjected to a police interrogation concerns of a different crime as long as he is in custody.

1. UNLESS accused initiates further
   communication
2. once out of jail and not in custody police
   can question regarding a separate crime

Question 22

Difference between 5th and 6th

Answer 22

1. 5th= under arrest/in custody AND
   questioned/interrogate
2. 6th= at or after initiation of adversarial
   proceedings (Post Arrest):
   
   • formally charged, indicted, arraigned,
     preliminary hearing, prosecutor has
     filed an information.

Question 23

Interrogating children Miranda Rights

Answer 23

under age only parent can give consent and it must be written consent from the guardian

Question 24

Factors Relating to Defendants Condition

Answer 24

1. age
2. education/intelligence/language
3. mental condition insanity and competence
4. intoxication from alcohol or drugs
5. experience with criminal justice system

Question 25

Is assistance of counsel required for all criminal trials?

Answer 25

Yes if jail is a possibility

Question 26

Exclusionary Rule

Answer 26

prohibits introduction of evidence obtained in violation of 4th, 5th, 6th amendments

Mapp v. Ohio

Question 27

exceptions to the exclusionary rule

Answer 27

1. impeachment
2. Good Faith Exception
3. Bad Faith exclusionary rule does not apply

Question 28

Exceptions to the fruit of the Poisonous tree doc

Answer 28

1. Independent source doc
2. inevitable discovery doc
3. attenuation doc
4. standing requierement