Crim Pro Flashcards
(34 cards)
Search and Seizure questions to ask yourself
Who is conducting the Search? What is a Search? and When can they Search?
Who is conducting the Search?
Government official OR someone under the direction of the Government (government agent)
What is a Search?
A search occurs where you have an expectation of privacy (behind closed doors, etc.)
When can they Search?
If they have probable cause
what is probable cause?
A reasonable person could conclude that items related to criminal activity can be found at the location
If the elements are met, those conducting a Search need
A warrant
Without a warrant, evidence is generally
inadmissible
Warrants are issued by
neutral and detached magistrates
Warrant has to be
specific about where, what, and whom the warrant covers
Cops cannot
exceed scope of warrant
exception to exceeding scope of warrant
anything in plain sight is admissible
Once the cops find what they are looking for
the Search must end
How many exceptions are there to the warrant requirement?
(1) Consent, (2) Hot Pursuit, (3) Auto Exception, (4) Exigent Circumstances, (5) Search incident to lawful arrest, (6) Protective Sweep, (7) Stop and Frisk
(1) Consent
Owner of property may consent, or a 3rd party who has actual or apparent authority can consent to a search
(2) Hot Pursuit
Police may pursue a fleeing suspect into a home when they have probable cause to make an arrest and when that arrest was already in motion in a public place within their jurisdiction
(3) Auto Exception
Can look in closed compartments of a car but there has to be probable cause that the car has contraband
(4) Exigent Circumstances
Emergency circumstances that lead to reasonable belief that evidence may be lost or destroyed
(5) Search incident to a lawful arrest
After arrest, the cop may search the person and area within person’s wingspan
(6) Protective Sweep
Reasonable belief other suspects are in the house. Must search for suspects only, not contraband
(7) Stop and frisk
Cops need reasonable suspicion that criminal activity is afoot
Miranda protections only apply
to custodial interrogations
When taken into custody, if defendant asks for lawyer
all questions must stop
What are custodial interrogations?
Custody - you are in custody when you are not free to leave (reasonable person would not feel free to leave)
Interrogations - Cop is trying to elicit criminal information
Exceptions to Miranda protections
Voluntary statements are not protected under Miranda rights
