Con Crim Pro Flashcards
4th Amendment
Prohibition against unreasonable search and seizures
5th Amendment
Privilege against self incrimination and double jeopardy
6th Amendment
Right to a speedy trial, public trial, trial by jury, confront witnesses, assistance of counsel
8th Amendment
Prohibition against cruel and unusual punishment, prohibition against excessive fines
Search
A governmental intrusion into an area where a person has a reasonable and justifiable expectation of privacy
Seizure
Exercise of control by the government over a person or thing
What constitutes a seizure?
An arrest. If not obvious, a seizure occurs only when under the totality of the circumstances a reasonable person would feel that they were not free to leave
Arrest
Police take a person into custody against their will for purposes of criminal prosecution or interrogation
Probable Cause
Must exist to make an arrest. Facts and circumstances would warrant a reasonably prudent person to believe that the suspect has committed or is committing a crime for which arrest is authorized by law
Is a warrant required to make an arrest?
No. Only need probable cause for a felony or a misdemeanor committed in their presence.
When does an arrest require a warrant?
A nonemergency arrest of an individual in their own home
All warrantless searches of homes are presumed unreasonable
Effect of an invalid arrest
An unlawful arrest by itself has no impact on a subsequent criminal prosecution
Evidence that is fruit of an unlawful arrest may not be used against the defendant at trial because of the exclusionary rule
Stop and Frisk
Police have the authority to briefly detain a person for investigative purposes even if they lack probable cause
What do they need to stop and frisk?
To stop = reasonable articulable suspicion of criminal activity or involvement in a crime
To frisk = Reasonable suspicion the person is armed and dangerous
Judged under the totality of the circumstances
Duration and Scope of Investigatory Stop
They are not subject to a specific time limit, but police must act in a diligent and reasonable manner in confirming or dispelling their suspicions
Identification may be required
If they develop probable cause during the detention, it becomes an arrest
Property Seizure on Reasonable Suspicion
Police may briefly seize items upon reasonable suspicion that they are or contain contraband evidence
Automobile Stops
Stopping a car is considered a seizure under the 4thA
Officers must have at least reasonable suspicion to believe that a law has been violated
Constitutes a seizure of the passengers as well
What must a roadblock have to be valid?
- Stop cars on the basis of some neutral, articulable standard
and
- Be designed to serve purposes clearly related to a particular problem pertaining to automobiles and their mobility
What can police do with occupants in a stopped vehicle?
Order them out. Can frisk detainees if they reasonably believe they are armed and dangerous
Pretextual Stop
If an officer has probable cause to believe that a traffic law has been violated, the officer may stop the suspect’s automobile even if the officer’s ulterior motive is to investigate a crime for which the officer lacks sufficient cause to make a stop
Station House Detention
Police must have full probable cause for arrest to bring a suspect to the station against the suspect’s will for questioning
Deadly Force Seizure
There is a 4thA seizure when a police officer uses deadly force to apprehend a suspect, use of deadly force must be reasonable under the circumstances
Evidentiary search and seizure
Police typically must have obtained a warrant to conduct a search
Analysis of a search
Did the D have a reasonable expectation of privacy?
Did the police have a valid warrant?
If not, did it fall under one of the warrant exceptions?
Things Held out to the Public
No REOP.
ex: sound of voice, handwriting, paint on the outside of a car, smell of one’s luggage or car, account records held by bank, magazines offered for sale
Cell site location information
One does have REOP
Squeezing luggage
Does have REOP against physically invasive inspections
Dog sniffs at traffic stops
As long as lawful stop and stop is not extended beyond the time necessary, a dog sniff is okay.
Officers may not extend an otherwise completed traffic stop to do a dog sniff without reasonable suspicion
Dog sniffs at entry to home
No
“Open fields” doctrine
Areas outside the curtilage are subject to police entry and search as these areas are considered held out to the public
Fly-Overs
Police may fly over a field or yard to observe with the naked eye things within