Topics For Crim Pro Flashcards
4th Amendment
The right to be secure in your person, home, papers and effects, against unreasonable searches and seizures.
Warrant Requirement
Person, place, and things to be searched or seized;
Command officer to execute the warrant within a specific time no longer than 10 days;
Command officer to execute the warrant during the daytime, unless good cause expressly authorizes another time; and
Command officer to return the warrant to the magistrate designated in the warrant.
Katz Requirements
- Did the government conduct offend the citizen’s subjective manifestations of a privacy interest?
- Is the interest invaded one that society would accept as “reasonable” or “legitimate?”
Curtilage (PANS)
Curtilage: Four factors to consider
Proximity of the area claimed as curtilage to the home
Whether area is included in an enclosed area surrounding the home
Nature of the uses to which the area is put
Steps taken to protect the area from observation by passerbys
Terry Stop/Pat Downs
The sole justification of a stop and frisk is the protection of the police officer and others nearby.
Scope of the search must be confined in scope to an intrusion that is reasonably designed to discovery weapons.
In justifying the intrusion, officer must show specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.
Simple good faith on the part of the officer is not enough.
Exceptions to warrant Requirement
Exigent Circumstances
Administrative Inspections
Reasonable Suspicion
Search Incident to Arrest
Plain View
Automobile Search/Inventory
Consent
Stop and Frisk- at times
Probable Cause
Probable cause is a reasonable basis for belief that a crime has been or will be committed, and/or that evidence of a crime is present.
Reasonable suspicion
Reasonable suspicion is, based on a totality of the circumstances, reasonably justified suspicion that a crime has been committed, will be committed, or is being committed.
When is use of deadly force allowed
Deadly force is allowed under the 4th IF necessary to prevent the escape and the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.
In evaluating, must apply the reasonableness factor of the 4th:
Severity of the crime at issue
Whether suspect poses an immediate threat to the safety of the officers or others, and
Whether he is actively resisting arrest or attempting to evade arrest by flight.
When can search warrants be executed and requirements of executing warrants
Person, place, and things to be searched or seized;
Command officer to execute the warrant within a specific time no longer than 10 days;
Command officer to execute the warrant during the daytime, unless good cause expressly authorizes another time
Canine Searches
Can only be stopped for reasonably prolonged period to conduct the stop.
Thermal Imaging
Devices used that are not in use by the general public - Search
Franks Requirements
Must be allegation of deliberate falsehood or of reckless disregard for the truth, and must be accompanied with an offer of proof.
Exclusionary Rule and Exceptions
Exclusionary Rule only applicable when there is a substantial causal connection between the illegal activity and the evidence offered at trial.
Exclusionary Rule only applicable when seizure results from a search. If no evidence, nothing to exclude.
Exceptions: Causation and attenuation, independent source, inevitable discovery, good faith exception
Fifth Amendment
No person shall be compelled in any criminal case to be a witness against himself
Miranda
- Right to remain Silent
-Any statement made will be used as evidence- Right to an attorney, if cannot afford one, one will be provided.
-Right to waive these rights
-If wishes to cease questioning at any stage of the interrogation he may. - At anytime he wants an attorney, all questioning must cease until one obtained.
Invocation of Miranda/5th
Invocation of Right to Silence: Inquiry goes to whether the right to silence was “scrupulously honored”
Exceptions to Miranda/5th
Impeaching a Defendant/Witness: a witness who takes the stand and offers direct testimony is subject to his words being used against him.
Fruit of the Poisonous Tree Doctrine
Public Safety Exception
Booking Exception
Exceptions to Miranda
voluntary waiver
6th Amendment
in all criminal prosecutions, the accused shall enjoy the right…to have Assistance of Counsel for his defense
Identification Procedures
Right to Counsel Attaches at Formal Charging
Right to Counsel at Lineups POST charging
No right to counsel for photographic lineups whether pre/post charging
Show ups innately prejudice but may be upheld
In court ID must have a source independent of the tainted ID
Eyewitness’ opportunity to view the perpetrator
The degree of attention eyewitness is able to direct at the perpetrator
The accuracy of any description the eyewitness gives
The witness’s level of certainty about the identification
Other factors to consider:
Has the witness ever mistakenly identified someone before???
Waiver of 5th and 6th
Fifth Amendment’s privilege against self incrimination
Waiver analysis: privilege must be shown by the state to have been effectively waived by the defendant
Upon a showing that the waiver was knowing and voluntary, then the question is whether the defendant was sufficiently informed of his rights to make a knowing waiver.
What constitutes an arrest/Mendenhall free to leave test
A reasonable person would have believed that he was not free to leave
Innis and functional equivalent to an interrogation
actual interrogation (questioning by law enforcement after a person has been taken into custody)
Functional equivalent (words or actions on part of police officers that they should have known were reasonably likely to elicit an incriminating response
