Crim Pro - Non - S&S Topics Flashcards
(37 cards)
When do you need a arrest warrant?
Do not need a warrant to arrest someone ins a public place!
Felons - Warrantless arrest when they have reason to believe that the arrestee has committed a felony.
Misdemeanors - when committed in their presence.
To arrest someone in the home of a 3P - need a search and arrest warrant.
What re the three federal constitutional challenges that can be brought to exclude a confession?
14th Amendment - DPC
6th Amendment - Right to Counsel
5th Amendment - Miranda Doctrine
What is the standard for excluding a confession under the DPC?
INVOLUNTARINESS, which means that the confession is the product of police coercion that overbears the suspect’s will.
Determining voluntariness of confession in MA
Initially determined by judge. If found involuntary - it’s out.
If found voluntary, it goes to the jury who makes an independent assessment.
When does the sixth amendment right to attorney attach and apply?
Attaches when D is formally charged not at arrest.
Applies at all critical stages of prosecution that take place AFTER filing for formal charges.
When are incriminating statement obtained from D by law enforcement excluded under the Sixth Amendment?
When for a charge offense, law enforcement deliberately illicted those statement and D did not knowingly, intelligently, and voluntarily waive his right to have his attorney present.
When are Miranda warnings necessary?
Two core requirements: when a suspect is in
(i) Custody AND
(ii) Being Interrogated
When is a suspect in custody for Miranda purposes?
Two part Test:
(1) Would a reasonable person have felt that she was not at liberty to end the interrogation and leave?
(2) Whether the environment presents the same inherently coercive pressures as the station house questioning in miranda?
**A juvenile suspect’s age is relevant for miranda inquiry
What is an interrogation for Miranda purposes?
Any conduct the police knew or should have known was likely to elicit an incriminating response.
What is the Public Safety Exception for Miranda Rights?
If custodial interrogation is prompted by an immediate concern for public safety, Miranda warnings are unnecessary and any incriminating statements are admissible.
When are incriminating statement by a suspect admissible?
Unless the public safety exception applies, only admissible if:
(1) Offiicer reasonably conveys to the suspect his or her core Miranda rights; AND
(2) obtains a valid waiver of a suspect’s miranda rights to silence and counsel.
What is required for a valid Miranda waiver?
(1) Must be Knowing and Intelligent
(2) Must be voluntary (free from coercion)
Waiver does not need to express, can be implied based on conduct.
Waives right to silence if make an uncoerced statement to police.
State bears a burden of proof of waiver by a preponderance of the evidence.
How does a suspect invoke the right to remain silence? [And MA distinction]
MBE - Suspect must unambiguously invoke their right to remain silence.
MA - Unambiguous invocation is not required.
If invoked, police must “scrupulously honor” and cannot reinitiating questioning for a significant period of time and must obtain a valid Miranda waiver.
How does a suspect invoke the right to counsel?
Request must be sufficiently clear that a reasonable officer in the same situation would understand the statement to be a request for counsel.
Once a counsel lawyers up - all interrogation must cease.
5th amendment miranda rights are not offense specific and extend to all topics.
When does a request for counsel expire?
14 days after a suspect is release from custody or they receive a valid Miranda waiver.
Does fruit of the poisoness tree doctrine apply to incriminating statement obtained in violation of Miranda?
No to physical fruits if the statement is obtained voluntary.
If a statement is admissible due a Miranda violation, are subsequent incriminating statement ever admissible?
Yes, if the initial non-mirandized statement was not obtain through the use of inherently coercive police tactics of methods offensive ot due process.
MA Distinction on subsequent incriminating statements after a Miranda violation:
Statements are presumptively tainted:
Prosecution can overcome the presumption by EITHER:
(a) showing a break in the stream of even that sufficiently insulated the post-Miranda statement from the earlier, tainted one; OR
(b) that the illegally obtained statement did not incriminate the defendant.
What is the harmless error rule?
If testimonial evidence should have been excluded as violation of Miranda, a jury verdict will stand if the gov’t can prove, beyond a reasonable doubt, that the error was harmless because the D would have been convicted w/o the tainted evidence.
What are the three types of pretrial identifications?
(1) Line ups
(2) Show Ups - one on one confrontation between W and the suspect.
(3) Photo Arrays
When does the 5th and/or 6th amendment require right to counsel for pretrial identifications?
5th Amendment does not require right to counsel under the Miranda doctrine for pretrial identification
6th Amendment: Right of counsel for Line ups and show up that take place AFTER formal charging, however not sixth amendment right to counsel for photo arrays.
When does a pretrial identification violate the due process clause?
Violates the DPC when it so unnecessarily suggestive that it creates a substantial likelihood of misidentification.
In making this determination, courts must weight the reliability of a suggestive identification against is corrupting effect.
What is the MA standard for unnecessarily suggestive pretrial identification procedure?
Automatically excluded.
Subsequent identifications are also excluded unless the prosecution can show that a subsequent identification was untainted by the prior identification.
What is the remedial consideration for pretrial identification?
Exclusion of a witness’ in court identification
However, in-court identification will still be allowed if the P can prove that it is based on observations of the suspect other than the unconstitutional show-up, line-up, or photo array.
