Criminal Procedure Flashcards
(49 cards)
Is an anonymous tip enough to support a search warrant?
No, you need a statement under oath or an affidavit
May a police officer seize an item in plaint view if it was not named in the search warrant?
Yes, as long as the officer is on the premises for a lawful purpose and the incriminating nature of the item is immediately apparent.
Can police search a vehicle without a warrant.
Yes, as long as they have probable cause to believe that it contains contraband or evidence of criminal activity. They can even search the trunk if they have probably cause to believe that it contains contraband.
If there is a long break during interrogation does Miranda need to be read again?
Yes
Is the sixth amendment situation specific?
No it is offense specific
So if you are charged with murder, and then they later interrogate you to see if you robbed at the same time, the sixth amendment does not apply to the robbery interrogation
Does the prosecutor have a legal obligation to present evidence exculpating the defendant to the grand jury?
No, and this is true even if the jurors ask for it
Who can bring a claim if a grandy jury is not inclusive?
A defendant who is indicted by a grand jury from which members of a racial group have been deliberately excluded has standing to raise Equal Protection claims of the excluded racial group, even though the defendant is not a member of the excluded racial group
What must the jury find for a judge to impost the death penalty?
At least one aggravating circumstance beyond a reasonable doubt
Is evidence gotten from a un-mirandized interrogation admissible
Yes. Derivative physical evidence that has been obtained as a result of a voluntary, uncoerced confession that itself is inadmissible due to the failure by police to give Miranda warnings is admissible.
Can the death penalty be imposed in a felony murder case where the defendant was an accomplice?
Sometimes
The death penalty may not be imposed if the defendant, acting as an accomplice, did not kill, attempt to kill, or intend to kill, unless the defendant significantly participated in the commission of the felony and acted with reckless indifference to human life.
When can officers conduct a protective sweep of a home?
only if they have reason to believe that others inside the home may pose a danger to them
If a state grants an appeal as of right, must an attorney be provided to an indigent defendant?
Yes
Must an appointed attorney advance every non-frivolous claim or appeal urged by defendant?
Yes to appeals, not to claims
For claims attorney may use his professional judgment in determining which claims of error to assert.
Are Miranda warnings required if suspect does not know interrogator is police officer?
No
What does law enforcement need to demonstrate to justify a warrantless search of a car incident to arrest?
that the arrestee is within reaching distance of the passenger compartment at the time of the search and, as a result, may pose an actual and continuing threat to the officer’s safety or a need to preserve evidence from being tampered with by the arrestee
OR
that it is reasonable that evidence of the offense of arrest might be found in the vehicle.
What happens if items are seized under an invalid search warrant
Under the fourth amendment the items will be excluded from the prosecutor’s case
Does a prisoner have a reasonable expectation of privacy in their cell?
Generally no, but a pretrial detainee may have a limited expectation
Does the fifth amendment only apply to US citizens?
No
Can a person who was illegally arrested be subsequently prosecuted?
Yes
Can a warrant be based on a triggering condition?
Yes, The probable cause requirement is satisfied where, at the time that the warrant is issued, there is probable cause to believe that the triggering condition will occur and, if that condition does occur, there is a fair probability that contraband or evidence of a crime will be found in a particular place.
If a previous out-of-court identification procedure is unnecessarily suggestive can the identifier identify the defendant in court?
Yes, if the eyewitness’s identification is shown to be reliable under a multi-factor inquiry
What is required to search a public school student?
- reasonable suspicion that the search will produce evidence that the student is or has violated school rules
- must consider student’s age and gender and the nature of the infraction
- applies to all searches, even strip searches
When does double jeopardy attach?
Either when the jury is sworn in or the first witness is sworn in
If a jury acquits a defendant of an offense that is a lesser included offense of another offense over which the jury deadlocks, can the prosecution retry the defendant on the greater offense?
No
