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1
Q

GOV ACTION

A

SEARCH AND SEIZURE MUST BE BY GOV AGENT/DIRECTION OF THE GOV

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2
Q

SEARCH

A

GOV SEARCH OF A LOCATION W A REASONABLE EXPECTATION OF PRIVACY

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3
Q

OPEN FIELDS DOCTRINE

A

OPEN AREAS W NO EXPECTATION OF PRIVACY

NOT A SEARCH

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3
Q

PROBABLE CAUSE

A

REASONABLE PERSON WOULD CONCLUDE IT IS MORE PROBABLY THAN NOT THT A CRIME HAS TAKEN PLACE

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4
Q

WARRANT REQ

A

SEARCHES MUST BE PURSUANT TO A WARRANT

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5
Q

WARRANT REQS (DETAILS)

A

1) ISSUED BY DETACHED MAGISTRATE

2) FACTS MUST BE FRESH

3) PERSON/PLACES MUST BE SPECIFIC

4) CANNOT EXCEED THE SCOPE

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6
Q

INFORMANTS

A

POLICE CAN RELY ON INFORMANTS FOR PC

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7
Q

PLAIN VIEW

A

POLICE CAN SEIZE WHAT IS IN PLAIN VIEW DURING A LAWFUL SEARCH

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8
Q

ILLEGAL SEARCH

A

WILL NOT AUTOMATICALLY DISMISS INDICTMENT

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9
Q

PROTECTIVE SWEEP

A

SEARCH FOR ADDTL CRIMINALS

ALLOWED FOR SAFETY OF OTHERS PRESENT

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10
Q

EXCEPTIONS TO WARRANT REQ

A

CONSENT
SITLA
AUTOMOBILE
INVENTORY
EXIGENT CIRCUMSTANCES
BORDER

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11
Q

CONSENT

A

ONE WHO HAS CONTROL/APPARENT AUTHORITY OVER THE PROPERTY

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12
Q

CO-OCCUPANT CONSENT

A

A PRESENT CO-OCCUPANTS CAN REFUSE

A NON PRESENT CO-OCCUPANT CANNOT REFUSE

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13
Q

SEARCH INCIDENT TO LAWFUL ARREST

A

ARREST MUST BE LAWFUL

SEARCH OF PERSON/WINGSPAN

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14
Q

ARREST OF A CAR OCCUPANT

POLICE MAY SEARCH PASSENGER COMPARTMENT IF

A

1) OCCUPANT IS UNSECURED
2)REASONABLE BELIEF OF EVIDENCE OF CRIME OF ARREST

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15
Q

INVENTORY SEARCH

A

AFTER ARREST AT THE POLICE STATION, POLICE CAN SEARCH THE PERSON/CAR

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16
Q

EXIGENT CIRCUMSTANCES

A

REASONABLE BELIEF EVIDENCE MAY BE LOST OR DESTROYED

EXCEPTION TO WARRANT

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17
Q

ILLEGAL AUTOMOBILE STOP-NO VIOLATION:

A

IF THERE WAS NO REASON TO PULL THE CAR OVER, NOTHING FOUND IS ADMISSIBLE

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18
Q

LEGAL AUTOMOBILE STOP- TRAFFIC VIOLATION

A

POLICE CANNOT SEARCH THE CAR

UNLESS SOME EVIDENCE OF OTHER CRIMES

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19
Q

AUTOMOBILE STOP- PROBABLE CAUSE:

A

POLICE MAY SEARCH ENTIRE CAR IF PROBABLE CAUSE THE CAR IS CARRYING CONTRABAND

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20
Q

BORDER SEARCH

A

NO WARRANT NECESSARY

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21
Q

SEARCH OUTSIDE THE US

A

US OFFICIALS MAY SEARCH YOU ON FOREIGN LAND

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22
Q

DOG SNIFF

A

NOT A SEARCH IN A PUBLIC PLACE

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23
Q

STOP & FRISK

A

STOP: RS CRIMINAL ACTIVITY IS AFOOT

FRISK: REASONABLE BELIEF PERSON IS ARMED AND DANGEROUS

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24
AUTOMOBILE STOPS
CHECKPOINTS ALLOWED W GENERIC UNIFORM METHOD FOR STOP
25
MIRANDA ELEMENTS
1) CUSTODY 2) INTERROGATION
26
CUSTODY
REASONABLE PERSON WOULD NOT FEEL FREE TO LEAVE
27
VOLUNTEERED STATEMENTS
NO MIRANDA REQ'D IF SUSPECT VOLUNTEERS INFO
27
INTERROGATION
POLICE ATTEMPTING TO ELICIT CRIMINAL RESPONSE
28
MIRANDA WARNINGS
1) RIGHT TO REMAIN SILENT 2) ANYTHING SAID CAN B USED AGAINST U 3) RIGHT TO AN ATTORNEY 4)IF U CANNOT AFFORD ONE, ONE WILL BE PROVIDED
29
IF YOU REQ A LAWYER
ALL QUESTIONING MUST STOP
30
RIGHT AGAINST SELF INCRIMINATION
NEVER REQ'D TO TESTIFY MAY BE REQ'D TO PERFORM PHYSICAL ACTS CANNOT BE FORCED TO MAKE STATEMENTS
31
WAIVER OF MIRANDA RIGHTS
1) KNOWINGLY AND VOLUNTARY 2) TOTALITY OF CIRCUMSTANCES
32
LINE UPS AND IDS
CANNOT BE UNNECESSARILY SUGGESTIVE TOTALITY OF CIRCUMSTANCES
32
LINEUPS-RIGHT TO COUNSEL
NO RIGHT TO COUNSEL PRIOR TO INDICTMENT RIGHT TO COUNSEL AFTER INDICTMENT
33
RIGHT TO COUNSEL 5TH AMENDMENT 6TH AMENDMENT
RIGHT B4 CHARGES OR INDICTMENT RIGHT AFTER FORMAL CHARGES
34
RIGHT TO EFFECTIVE COUNSEL
1) DID THE LAWYER DEVIATE FROM THE NORMS 2)REASONABLE PROBABILITY THE OUTCOME WOULD HAVE BEEN DIFFERENT
35
WAIVER OF RIGHT TO COUNSEL
MUST KNOWINGLY WAIVE
36
RIGHT TO COUNSEL AT ALL CRITICAL CHANGES
POST INDICTMENT INTERROGATIION PRELIMINARY HEARINGS FOR PROBABLE CAUSE TO PROSECUTE ARRAIGNMENT POST CHARGE LINEUPS GUILTY PLEAS AND SENTENCING FELONY TRIALS MISDEMEANOR TRIALS W IMPOSED IMPRISONMENT OVERNIGHT RECESSES DURING TRIAL APPEALS AS A MATTER OF RIGHT APPEALS OF GUILTY PLEAS PLEAS OF NOLO CONTENDRE
37
SHARED COUNSEL
CODEFENDANTS CAN SHARE COUNSEL UNLESS CONFLICT ARISES
38
GUILTY PLEA
ENTERED VOLUNTARILY AND INTELLIGENTLY
39
SEVERANCE
IF TWO DEFENDANTS ARE TRIED TOGETHER, ONE CAN SEVER FOR UNFAIR PREJUDICE
40
IMPARTIALITY
RIGHT TO UNBIASED JUDGE
41
COMPETENCY
D MUST BE COMPETENT TO UNDERSTAND CHARGES D MAY BE MEDICATED
42
JURY TRIAL RIGHTS
SENTENCE IS LONGER THAN 6 MONTHS JURY IS A CROSS SECTION OF COMMUNITY STATE TRIAL BY 6 MEMBERS MUST BE UNANIMOUS STATE TRIAL BY 12 MEMBERS NEED NOT BE UNANIMOUS FED TRIAL BY 12 MEMBERS MUST BE UNANIMOUS EXCLUSION OF A JUROR BASED ON RACE/GENDER VIOLATES EP
43
RIGHT TO PUBLIC TRIAL
PRESS MAY ATTEND UNLESS OVERRIDING INTEREST TO CLOSE TRIAL DOES NOT APPLY TO GRAND JURY
44
RIGHT TO CONFRONTATION
RIGHT TO CONFRONT AND CROSS EXAMINE ALL WITNESSES
45
RIGHT TO CONFRONTATIONS- CODEFENDANTS
A CODEFENDANTS CONFESSION CAN ONLY BE USED AGAINST THE OTHER IS AVAILABLE TO TESTIFY
46
RIGHT TO CONFRONTATION-OUT OF COURT STATEMENTS
TESTIMONIAL STATEMENTS ARE ADMISSIBLE NON TESTIMONIAL STATEMENTS ARE ADMISSIBLE
47
NONTESTIMONIAL STATEMENTS
MADE DURING AN EMERGENCY
48
PROSECUTIONS BURDEN
MUST PROVE ALL ELEMENTS BEYOND A REASONABLE DOUBT
49
DEFENDANTS BURDEN
MUST PROVE BY PREPONDERANCE OF THE EVIDENCE
50
NO MANDATORY PRESUMPTIONS IN A
CRIMINAL CASE
51
GRAND JURY
1) ACCUSED HAS NO RIGHT TO BE PRESENT 2)EXCLUSIONARY RULE DOES NOT APPLY 3) WITNESS HAS NO RIGHT TO COUNSEL INSIDE THE ROOM
52
DOUBLE JEOPARDY
CANNOT BE TRIED FOR THE SAME CRIME TWICE
53
JEOPARDY ATTACHES
JURY TRIAL:JURY IS SWORN IN BENCH TRIAL: FIRST WITNESS IS SWORN IN
54
DJ EXCEPTION- SEPARATE SOVEREIGNS
CAN B TRIED IN DIFF STATES CAN B TRIED IN STATE AND FED CT
55
DJ EXCEPTIONS
DEFENDANTS SUCCESSFUL APPEAL MISTRIAL FOR NECESSITY
56
DJ- COLLATERAL ESTOPPEL
NO RETRIAL ALLOWED WHEN SECOND TRIAL REQS AN ELEMENT DEFENDANT WAS ACQUITTED OF
57
CRUEL AND UNUSAL PUNISHMENT
MUST B PROPORTIONATE TO CRIME CONSISTENT W PUNISHMENT FOR SIMILAR CRIMES
58
RIGHTS DURING SENTENCING
RIGHT TO COUNSEL RIGHT TO REMAIN SILENT
59
DEATH PENALTY
NOT CRUEL AND UNUSAL AS LONG AS PROCEDURAL SAFEGUARDS TO PREVENT ARBITRARY OR DISCRIMINATORY SENTENCING
60
DEATH PENALTY EXCEPTIONS
UNDER 18 AT TIME OF CRIME MENTALLY CHALLENGED
61
a person is “in custody” only when under
“formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.”

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