Crim Pro Flashcards
(31 cards)
What are the 4 questions relevant to a 4th amendment search and seizure analysis?
1) Did the police or government official engage in a search, seizure, or arrest?
2) Was a warrant required?
3) Is there a warrant exception?
4) Does the search violate the constitution?
What is considered a search?
The actions must implicate a protected privacy or property interest for the persons body, words, home or temporary residence, papers, personal property. And the actions must significantly intrude on the expectation of privacy.
What is a seizure?
All government searches must have a warrant or an exception tot he warrant requirement. Something or someone is seized when a reasonable person would believe they are not free to leave or exercise control or is deprived of liberty for longer than a temporary moment.
Explain the Fruit of the Poisonous Tree Doctrine
Any evidence found as a result of an illegal search and seizure is also deemed tainted and cannot be used as evidence against the defendant.
What are the warrant requirement exceptions?
Automobiles, Searches incident to arrest, vehicle search during detainment, plain view exception, exigent circumstances, consent, parole and probation
Automobile exception
If an officer has probable cause to believe evidence is inside a working vehicle, it may be searched and seized, including inside the trunk and locked containers. applies to anything that could drive away.
Search Incident to Arrest
officer’s may search an arrestees vehicle prior to towing as an inventory search as well searching the person or their bags.
Search During Vehicle Detainment
Officer’s may perform a safety search when detaining a vehicle by searching the passenger compartment and containers
Plain View exception
If contraband is in plain view and officer may seize those items.
Exigent circumstances
Hot pursuit; an officer may enter property when in hot pursuit of a suspect.
Protection of evidence; if there is a reasonable belief that evidence will be destroyed an officer may seize the evidence
Emergency Aid
Parole and Probation
Individuals on parole and probation have a limited expectation of privacy. Parolee’s are considered in state custody.
When can an officer affect an arrest?
An officer may arrest a suspect in public if they have reasonable cause to believe that a crime was committed. Warrants are required to enter a persons home and the officer must have reasonable basis for believing the suspect is at home.
Terry Stop
An officer must have reasonable suspicion that illegal activity is being committed or will be committed. The suspect may be detained for a brief questioning and if there is reasonable suspicion they may be armed, the officer may perform a stop and frisk.
Who may challenge an unlawful search?
Only the person who has their constitutional rights violated may exclude the fruits of an unlawful search. Commercial visitors have no expectation of privacy. Neither do the passengers of cars. Hotel rooms are considered valid extensions of privacy.
Independent Source Exception
If evidence obtained through an unlawful search was also discovered through an independent source that was lawful, that evidence may be submitted.
Inevitable Discovery Exception
If the evidence would have inevitably been discovered not withstanding the violation of the 4th amendment.
Good Faith
If evidence was discovered executing a facially valid warrant that later was found to be invalid, it is exempt from exclusion. Extends to mistakes in fact from trustworthy sources. Remember the purpose of exclusion is to protect a right and if the circumstances do not suggest an intentional violation the evidence will not be excluded.
What is the 5th amendment?
The 5th amendment can be invoked anywhere in a criminal case to avoid giving testimony that may implicate oneself in a crime. To invoke the privilege there must be
1) self-incriminating testimony with respects to a criminal case present of future
2) some threat or compulsion by a government agent
3) statement must be testimonial
Does not prevent independent sources from introducing the evidence
Custodial Interrogation
Custodial interrogation refers to the questioning of a detained person by the police in connection with a criminal investigation. A person qualifies as detained not only when under arrest, but also whenever they are not free to leave for other reasons. S custodial interrogation cannot occur unless the detainer warns the detained person of their Miranda rights. Any statements made by a detained person who was not warned of their Miranda rights are inadmissible in court.
Miranda Requirements
1) right to remain silent
2) right to assistance by council during questioning
3) right to court assistance in obtaining council
If invoked officers must cease questioning and any answers given after invoking will be excluded. The right to council holds until custody ends and then for 14 days after. The right to silence can later be withdrawn by the suspect by speaking to officers. Miranda must be unambiguously waived in an intelligent and knowing way.
6th Amendment Right to Council
Only applies at critical stages of a criminal case usually after the initial court appearance. The 6th protects anyone who has been charged, released, then deliberately rearrested. Any charge that carries a 90 day jail time guarantees the right to an attorney. Council must be reasonably competent and cannot prejudice the defendant.
Right to a fair trial
If the statutory maximum sentence exceeds 6 months then the right to an impartial jury vests.
Discriminatory Jury Practices
Preemptory strikes: must actually display bias to exclude jurors, once a non-racial reason is given to strike a juror its up to the other party to demonstrate the strike is racially morivated
Confrontation Clause
Prohibits the prosecution from introducing testimonial hearsay unless the out-of-court declarant was subject to cross-examination. Defendant also has the right to be present, the right to appear as if not in custody.
