Criminal Procedure Flashcards
1
Q
4th Amendment requirements
A
Prohibits unreas searches and seizures
- govt agent/conduct
- violation of reas expectation of privacy of place
- right to possession
- his home
- overnight guest
- NOT things held out to public
2
Q
Detentions
A
Arrest
- custody against suspect’s will
- for purposes of criminal prosecution or interrogation
- probable cause (PC) required
- trustworthy facts
- reas person would think crime was committed - warrant not required, except for home arrest
Stop and frisk
- stop
- reas suspicion (RS) of criminal activity
- supported by articulable facts (> mere hunch) - frisk
- RS detainee is armed and dangerous - police must act in diligent and reas manner in confirming or dispelling suspicions
- patdown of outer clothing, plain feel for weapon or contraband - can briefly seize property based on RS
Automobile stop
- need RS law violated
- pretext stop ok if there is PC for traffic violation
- can seize all occupants, order them out, frisk if RS armed
Roadblocks
- neutral, articulated standard
- designed to serve purposes closely related to a particular problem pertaining to automobiles and their mobility
3
Q
Warrantless search exceptions
A
- Automobile search
- need PC
- any container might reas contain the evidence - Consent
- voluntary, but does not need to be informed right not to consent
- authority to consent
- anyone w/ actual/apparent right to use/occupy property can consent - Good faith of invalid warrant
- Hot pursuit, evanescent evidence, emergency aid
- Incident to lawful arrest
- contemporaneous in time and place w/ arrest
- automobile - can search passenger compartment after secure if they reas believe evidence of offense can be found
- protective sweep - if police believe accomplices present
- inventory search at police station if established procedure - Plain view
- legitimately on premises
- discover evidence
- in plain view
- PC evidence is of a crime - Public school - must be reasonable:
- moderate chance of finding evidence of wrongdoing
- measures reasonably related to objectives of search
- not excessively intrusive - Stop and frisk
4
Q
Warrant requirements
A
A. Probable cause - no PC if:
- false statement by police in affidavit
- intentionally/recklessly included; and
- material to finding PC
B. Precise on its face
- place to be searched
- items to be seized
C. Neutral and detached magistrate
D. Properly executed
- by police
- no unreas delay
- knock and announce (but failure will not suppress evidence)
5
Q
4th Amendment border searches
A
- roving patrols inside US may stop vehicles based on RS
- illegally obtained evidence may be used at deportation hearing
- only rights that extend to border search are 8th Amendment (cruel & unusual punishment)
6
Q
4th Amendment wire tapping
A
- PC
- warrant must name suspect and describe particular conversation
- must be for a brief time
- recorded conversations must be returned to the court
7
Q
Confessions
A
5th/14th A (due process)- must be voluntary
6th A - right to assistance of counsel
- after formal charges filed
- at all critical stages of prosecution
- D can waive - knowing and voluntary
- remedy - automatic reversal of conviction
- statement can be used for impeachment
5th A - privilege against testimonial self-incrimination
- Miranda warnings for custody before interrogation
- only if D knows being interrogated by govt agent
- custody - reas person under circ would feel free to terminate interrogation and leave
- interrogation - conduct likely to elicit response
- public safety exception
8
Q
Pretrial identification
A
6th A - right to presence of attorney post-charge lineup or showup.
5th/14th A (due process) - unnecessariy suggestive and substaintial likelihood of misidentification
Exclusionary rule if violation
9
Q
Exclusionary rule
A
Fruit of poisonous tree doctrine, exceptions:
- fruits derived from unintentional violation of Miranda
- independent source
- intervening act of free will by D
- inevitable discovery
- attenuation - sufficient time b/w illegal search and discovery
- violation of knock and announce rule
- good faith reliance on
- defective search warrant
- law
- clerical error - impeachment purposes
Harmless error test
- on appeal - if illegal evidence admitted, overturn unless govt can show beyond reas doutb error was harmless
- habeaus corpus - petitioner must show error had substantial and injurious effect or influence
10
Q
Right to fair trial
A
- Right to speedy trial (6A)
- based on totality of circumstances
- right attaches when D arrested or charged - Right to exculpatory evidence by prosecutor (due process)
- conviction reversed if D shows:
- - evidence is favorable; and
- - prejudice has resulted (reasonable probability outcome would be different) - Right to public trial (6A)
- Right to unbiased judge (due process)
- actual malice to D
- financial interest in guilty verdict - Right to jury trial (6A)
- only for serious offenses (>6mon imprisonment)
- at least 6 people
- does not have to be unanimity if»_space;6
- right to impartial jury
- peremptory challege, D must show:
- - facts or circumstances that raise inference exclusion based on race or gender
- - prosecutor must provide race-neutral explanation for strike
- - judge weighs prosecutor’s sincerity - Right to jury giving evidence reasonable consideration (due process)
- D in prison clothing
- D visibly shackled, unless justified
- jury exposed to influence favorable to prosecution - Right to counsel (6A)
- right in misdemeanor case only if imprisonment actually imposed
- D has no right to consult lawyer while testifying
- waivor at trial
- - knowing and intelligent
- - D competent
- effective assistance of counsel presumed
- - deficient performance by counsel
- - but for deficiency, result of proceeding would be different
- - automatic reversal if lawyer advises court of conflict of interest and court refuses to appoint separate lawyer. - Right to confront witnesses (6A)
- prior testimony of unavailable witness only if D had opportunity to cross-examine at time statement was made
- forfeiture of right if D’s wrongdoing intended to keep witness from testifying
- co-D’s confession implicating the other D violates 6A confrontation clause, unless:
- - all portions referring to other D can be eliminated
- - confessing D takes the stand and cross-examination
- - non-testifying D’s confession used to rebut claim of coercive confession
11
Q
Guilty pleas and plea bargaining
A
Taking the plea
- judge determines if plea is voluntary and intelligent
- done on the record
- D must know and understand:
- nature of the charge and crucial elements of crime
- maximum possible penalty and manditory minimum
- has right not to plead guilty and is waiving right to trial - remedy - withdraw plea and plead anew
12
Q
Double jeopardy
A
- no retrial of same ciminal offense
- not same offense if each crime requires proof of additional element - once jury has been empanelled and sworn in (jury trial), or first witness sworn (bench trial)
- exceptions:
- hung jury
- manifest necessity to abort original trial
- D successfully appealed conviction for reasons other than insufficient evidence to support conviction; can only be tried for same or lesser offense
- breach of plea bargain
- if new evidence, greater offense trial permitted
- separate sovereigns
13
Q
Privilege against compelled self-incrimination
A
- only applies to natural persons (not corporations)
- method for invoking privilege
- criminal defendant can’t take stand
- witness must listen to question and specifically invoke
14
Q
8th Amendment
A
Cruel and unusual punishment
- penalty disproportionate to seriousness
- in death penalty cases, judge/jury must be permitted to consider all mitigating evidence
Execessive bail
- bail cannot be grossly disproportionate to offense
- cannot be used as punishment, only to ensure D’s presence at trial or community’s safety
