Criminal Procedure

Question 1

Exclusionary Rule

Answer 1

Generally, evidence obtained in violation of the 4A and any fruit of that poisonous tree is excluded. Note that fruits obtained as the result of a Miranda violation may be admissible.

• Exceptions = (1) Independent source doctrine; (2) attenuation of the taint (intervening free act); (3) inevitable discovery; (4) GF exception
• Limitations = doesn’t apply to grand juries, civil proceedings, impeachment of D.
• Harmless error = conviction not reversed if Gov’t can show BRD that improper evidence was harmless.

Question 2

4A

Answer 2

Provides persons shall be secure in their persons and effects against unreasonable searches and seizures (arrests).

Question 3

Seizure

Answer 3

_*When under the totality of the circumstances, a reasonable person would feel he was not free to go*._

Also, physical application of force or submission to the force.

Question 4

Arrest

Answer 4

Arrest = requires probable cause (PC)

• PC = reasonably trustworthy facts/circumstances sufficient to warrant a reasonably prudent person to believe the suspect has committed or is committing a crime.

Home arrest requires warrant.

Public place = felony needs reas. suspicion; misd. needs to be in presence of officer

Question 5

Investigatory Stops

Answer 5

Terry stop and frisk requires reasonable suspicion supported by articulable facts. Based on totality of circumstances.

• If based on informant’s tip, must have some indicia of reliability.
• Duration not limited, but must act in diligent & reasonable manner to confirm/dispel suspicion.

Question 6

Automobile Stops

Answer 6

A seizure for 4A purposes of cars and persons, so usually needs at least reasonable suspicion.

Exception 2 reasonable suspicion → Roadblocks.

1. Stops cars based on neutral, articulable standard;
2. Serve purpose closely related to particular problem related to cars & their mobility

Question 7

Search

Answer 7

Elements of a search: (1) Gov’t conduct; (2) reasonable expectation of privacy

Question 8

Requirements for a Reasonable Search

Answer 8

PC (reasonably prudent person would believe evidence exists in location)

Prior judicial approval (warrant; four-corners doctrine)

Executed in a reasonable manner (knock and announce rule; 15-20s delay)

Question 9

Valid Warrant Requirements

Answer 9

1. Neutral and detached magistrate
2. Based on PC → based on totality of circumstances

• Invalidating search warrant requires 3 things:
  
  • False stmt in the affidavit
  • Intentional/reckless in making the false stmt;
  • False stmt is material to the PC finding

3. Particular description of place to be searched and things to be seized

Things not considered searches:

Open fields doctrine, flyovers, garbage inspection, dog sniffs of luggage/cars

Question 10

Not Searches

Answer 10

Open fields

Flyovers

Garbage inspection

Dog sniffs of luggage/cars.

Question 11

Searches - Exceptions to Warrant Requirement

Answer 11

Plain view → 1) cops legitimately on premises; (2) discover evidence; (3) in plain view; (4) PC to believe it’s evidence

Exigent circumstances → suspects fleeing, evanescence, emergency aid.

Stop and Frisk → stop = R.S. of crim. Activity; frisk = R.S. armed and dangerous

Automobiles (PC needed) → may search entire automobile and all containers

SILA → traffic citation insufficient; must be contemporaneous; scope is entire wingspan

Consent (others with “common authority” may consent) → any person w/ apparent equal right to use/occupy; scope of search is the scope of consent; can’t do it if party is present and objects

Question 12

Shock the Conscience

Answer 12

Evidence from searches conducted in a manner that offends the sense of justice are inadmissible.

• Includes searches of the body via an unreasonable intrusion – blood test is reasonable, requiring surgery is not.

Question 13

Standing to Challenge Seizure of Another’s Property

Answer 13

Fed rule → does the person have reasonable expectation of privacy?

LA rule → any aggrieved person (including 3Ps) has standing to challenge.

Question 14

Confessions - Generally

Answer 14

Implicates both the 6A right to counsel and 5A right against self-incrimination.

May be suppressed if in violation of either, or if it was involuntary in violation of 14A

Question 15

6A - Right to Counsel

Answer 15

Right to counsel attaches only after formal charges have been filed, and applies at all critical stages.

• It’s offense-specific and only applies to a particular charge.
• Offenses are different if both require a different element than the other.

Waiver → must be knowing, voluntary, and intelligent

Question 16

5A & Miranda

Answer 16

Miranda rights → remain silent, anything he says can be used in court; right to attorney; right appointment of attorney

• Application → must be in custody and under police interrogation. Traffic stops not in custody.
  
  • Interrogation does not apply to spontaneous statements.
• Detainee options → do nothing, waive right, assert right to silence, assert right to attorney.
  
  • Waiver = must be knowing and voluntary; can waive after invocation
  • Right to remain silent = must be explicit, unambiguous, and unequivocal; all questioning related to particular crime must stop.
  • Right to counsel = must be unambiguous; not offense-specific, all questioning must cease.

Statements obtained in violation of Miranda can be used to impeach detainee’s trial testimony.

Question 17

Pre-Trial ID (Lineups)

Answer 17

D has a 6A right to counsel at a post-charge line up or show up.

Pre-6A, no right to counsel, but the lineup is in violation of due process if: (1) unnecessarily suggestive & (2) substantial likelihood of misidentification.

Only applies to in-person lineups, not photo identifications.