Criminal Procedure Flashcards
(42 cards)
What is the purpose of the exclusionary rule?
To suppress evidence obtained in violation of a defendant’s rights under the Fourth, Fifth, or Sixth Amendments
Applicable to the states through the Fourteenth Amendment.
What is the Fruit of the Poisonous Tree doctrine?
Derivative evidence discovered as a result of the primary violation is also excluded unless an exception applies
This doctrine extends the exclusionary rule to evidence obtained indirectly.
List the exceptions to the exclusionary rule.
- Inevitable discovery
- Independent source
- Attenuation
- Good-faith reliance
These exceptions allow for the admission of evidence despite a primary violation.
What does the Fourth Amendment protect against?
Unreasonable search and seizure by the government
Applies to governmental conduct, including law enforcement.
What is required for a seizure to occur?
The officer physically touches a subject or the subject submits to the officer’s show of authority
The reasonable person standard is applied to determine if a seizure occurred.
What is the standard for a detention (Terry stop)?
Must have reasonable suspicion supported by articulable facts
Detention must be brief and only long enough to verify or dispel suspicions.
What is needed for an arrest to be valid?
Probable cause must exist at the time of the arrest
This applies whether the arrest is made in public or at a person’s home.
What are the requirements for a valid search warrant?
- Supported by probable cause
- Issued by a detached and neutral magistrate
- Describes with particularity the place to be searched and items to be seized
These requirements ensure the warrant is lawful and specific.
What is the definition of probable cause?
Knowledge of reasonably trustworthy facts and circumstances to believe the items sought are fruit or instruments of crime
This standard is necessary for obtaining a warrant.
What triggers the requirement for Miranda warnings?
Custodial interrogation
If both conditions are met, warnings must be provided to the suspect.
What is the privilege against self-incrimination?
Protects a person from being compelled to testify against themselves
This is a key component of the Fifth Amendment.
What does the Sixth Amendment guarantee?
- Right to counsel
- Right to confront witnesses
- Right to jury trial
- Right to speedy trial
These rights ensure fair legal representation and a fair trial process.
What is required for a defendant to waive their right to counsel?
The waiver must be knowing and intelligent
This ensures that the defendant understands the consequences of self-representation.
When does the right to a speedy trial begin?
At the time of arrest or formal charge
The court balances several factors to determine if this right has been violated.
Is there a constitutional right to bail?
No, but denial must not violate Due Process
The issue of bail is not explicitly addressed in the Constitution.
What is double jeopardy?
A defendant’s right to be free from being tried for the same offense twice
This is protected under the Fifth Amendment.
What is the significance of the ‘knock and announce’ rule?
Officers must announce their presence before entering unless exigent circumstances exist
Violating this rule may impact the legality of the search.
What is the standard for in-court identification?
Allowed if the witness had an opportunity to observe the defendant at the time of the crime
The state must demonstrate independent reliability of the identification.
What does the term ‘critical stage’ refer to in the context of the Sixth Amendment?
Hearings, post-indictment line-ups, or interrogations where the right to counsel is guaranteed
The right attaches automatically when formal judicial proceedings have begun.
What is the test for determining if a lineup is admissible?
It violates due process if it was impermissibly suggestive and there was a substantial likelihood of misidentification
The reliability of the evidence is a key factor.
What happens if a confession is obtained in violation of Miranda rights?
The confession is inadmissible in the prosecution’s case-in-chief but may be used for impeachment
If the confession was voluntary, it can still affect the defendant’s credibility.
What does ‘voluntary and intelligent waiver’ mean in the context of Miranda rights?
The suspect must knowingly and voluntarily give up their rights after receiving the warnings
This ensures the waiver is valid and enforceable.
What occurs within 48 hours after arrest to determine if D can be held?
PROBABLE CAUSE HEARING
Is there a constitutional right to bail?
No
