Criminal Procedure Flashcards
What are the exceptions to the warrant requirement?
- Stop and Frisk
- Incident to Arrest
- Automobile
- Plain View
- Exigent circumstances
- Consent
What is the exclusionary Rule
Evidence from an illegal search is not admissible
What is the fruit of the poisonous tree doctrine?
Evidence found as a result of evidence illegally seized is suppressed. This does not apply to Miranda.
When does the 6th Amendment apply?
All critical stages, typically after arraignment. It only applies to the crimes that are charged.
What is probable cause?
Sufficient reason, based upon known facts, to believe a crime has been committed by the suspect or evidence of a crime will be found in the place to be searched.
What is reasonable suspicion?
Articulable facts that would lead an officer of similar training and experience to believe that criminal activity is afoot.
What is required to show a suggestive identification?
The burden is on the defendant to show (1) the conditions were in permissively suggestive and (2) there was a substantial likelihood of miss identification.
It may still be used if the prosecution shows it is still reliable
What factors do the courts consider for identification reliability?
- oportunity to view suspect at crime scene
- attention paid to suspect at crime scene
- accuracy of witness description
- level of certainty of witness
- Time between crime and ID
How does the court judge PC in a warrant?
Totality of the circumstances
What is required for a valid warrant?
- PC
- Particularity in place to be searched and items to be seized.
- Netrual and detached magistrate
What is required to quash a warrant for bad information?
False statements that were knowing or recklessly disregarded the truth and the statements were needed for PC.
