Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Bar Prep > Criminal Procedure > Flashcards

Criminal Procedure Flashcards

(43 cards)

Start Studying
1
Q

Probable Cause

A

Under the totality of the circumstances, there exist trustworthy facts or knowledge sufficient for a reasonable person to believe:

  1. An offense has been or is being committed AND the person to be arrested committed that offense (SEIZURES)
  2. A specifically described item subject to seizure will be found in the place to be searched (SEARCHES)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Reasonable Suspicion

A

Under the totality of the circumstances, there exists specific and articulable facts sufficient for a reasonable officer to suspect an individual is engaged in criminal activity OR is armed and dangerous

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Exclusionary Rule
(Scope)

A

Applies ONLY to constitutional violations

Precludes ONLY substantive evidence from being introduced during criminal trials

Permitted for Non-Substantive Purposes
* Impeachment of the defendant (except for involuntary or coerced statements)
* Third-party criminal trials whose rights were not violated

Permitted for Pretrial and Post-Trial Proceedings
* Grand jury hearings
* Preliminary hearings
* Parole revocation hearings
* Sentencing hearings

Permitted for Civil Proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Exclusionary Rule
(Exceptions)

A

Generally:
1. Good Faith Exception
2. Knock and Announce Exception
3. Harmless Error Test

Fruit of the Poisonous Tree Exceptions:
1. Attenuation Doctrine
2. Independent Source
3. Inevitable Discovery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Good Faith Exception

A

Exclusionary Rule Exception

Officer MUST have a** good faith belief** the search/seizure was constitutional

Officer Relies on Warrant Not Supported by Probable Cause
* Exceptions:
1. Unreasonably lacking in probable cause
2. Unreasonably lacking in particularity
3. Magistrate misled by false/recklessly false info
4. Magistrate abandons judicial role

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Attacking an Officer’s Good Faith Belief

A
  1. Affidavit included a false statement
  2. Affiant intentionally or recklessly included the false statement; AND
  3. False statement was material to the finding of probable cause
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Fruit of the Poisonous Tree
(Definition & Exceptions)

A

Requires the suppression of evidence found as a direct result of unconstitutional conduct (the poisonous tree) AND any derivative evidence (the fruit)

  1. Attenuation Doctrine: MUST be a causal connection between unconstitutional conduct AND evidence
  2. Independent Source: Evidence could have been obtained wholly separate from the unconstitutional conduct
  3. Inevitable Discovery: Evidence could have been obtained by lawful means
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Seizure

A

Any exercise of control by a government agent over a person

Objective Standard: Under the totality of the circumstances, a seizure occurs when a reasonable person would not feel free to decline an officer’s request OR otherwise terminate the encounter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Arrest

A

Government agent taking a person into custody for criminal prosecution or investigation

MUST be supported by probable cause

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Terry Stops

A

If an officer has reasonable suspicion that a suspect is involved in criminal activity, they may briefly detain the suspect in order to confirm/dispel the suspicion

Duration: No longer than necessary to dispel suspicion

Scope: Least intrusive means reasonably available to dispel suspicion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Terry Frisk

A

If an officer has reasonable suspicion that a suspect is armed and dangerous, they are permitted to conduct a limited search for weapons in order to ensure their safety

  • SEARCH OF PERSON
    1. Officer may pat down of the suspect’s outer clothing
    2. Plain Feel: If the officer reasonably believes they feel a weapon or contraband, they may reach into the clothing to retrieve the item
  • SEARCH OF VEHICLE
    1. Officer may pat down the suspect’s outer clothing
    2. Officer may search the passenger compartment, limited to areas in which weapons may be hidden
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Search & Seizure Analysis

A
  1. Government Agent
  2. Standing
  3. Search/Seizure
  4. Warrant
  5. Warrant Exception
  6. Exclusionary Rule
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Standing
(4th Amendment)

A

MUST demonstrate EITHER an invasion of their reasonable expectation of privacy OR an invasion into a constitutionally protected area

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Reasonable Expectation of Privacy

A
  1. Person MUST have exhibited an actual expectation of privacy (Subjective) AND
  2. Society MUST accept the expectation of privacy as reasonable (Objective)
  • Includes:
    1. Overnight Guest at Place Searched
    2. Cell-Site Location Information
  • Excludes:
    1. Search of Third-Party Premises
    2. Discarded Trash
    3. Flyover Surveillance
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Constitutionally Protected Areas

A

Requires physical governmental intrusion into a constitutionally protected area

  • Protected:
    1. Home
    2. Curtilage
  • Unprotected:
    1. Open Fields
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Warrant
(Issuance)

A

VALIDITIY: A magistrate MUST have a substantial basis for concluding that probable cause exists before issuing a warrant
* Magistrate’s determination MUST be more than a mere ratification of the bare conclusions of the affiant

PARTICULARITY: Requires the items and premises to be searched to be described on the face of the warrant itself OR incorporated by reference

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Knock and Announce Rule

A

Officers MUST knock on the door of a residence AND announce their identity and purpose before attempting forcible entry

EXCEPTIONS:
* Threat of physical violence/danger
* Futility
* Destruction of evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Exceptions to Warrant Requirement

Study These Flashcards
A

SPACES

  1. Search Incident to Lawful Arrest
  2. Plain View
  3. Automobile
  4. Consent
  5. Exigent Circumstances
  6. Special Needs
19
Q

Search Incident to Lawful Arrest
(People)

Study These Flashcards
A

Officers may conduct a contemporaneous warrantless search following a constitutional arrest

  • Includes:
    1. Suspect’s person
    2. Areas within control of person arrested
  • Excludes:
    1. Cellphone data
20
Q

Search Incident to Lawful Arrest
(Homes)

Study These Flashcards
A

After an arrest is made within a home, officers may conduct a contemporaneous search of the suspect’s person AND any area from which the suspect might gain control of a weapon or destructible evidence

Officers may conduct a protective sweep IF reasonable suspicion dangerous person on premises

21
Q

Search Incident to Lawful Arrest
(Vehicles)

Study These Flashcards
A

Officers may ONLY conduct a contemporaneous warrantless search of a vehicle’s passenger compartment after having arrested a recent occupant IF:
1. The arrestee is unsecured AND within reaching distance of the passenger compartment; AND
2. Officer** reasonably believes** the vehicle contains evidence of the arresting offense

22
Q

Plain View

Study These Flashcards
A
  1. Officer in Lawful Vantage Point
  2. Incriminating Character Immediately Apparent
  3. Lawful Right of Access
23
Q

Automobile
(Warrant Exception)

Study These Flashcards
A

Officers may conduct a warrantless search of a vehicle IF they have probable cause to believe it contains evidence of a crime

  1. Probable Cause Vehicle Generally Contains Evidence: MAY search entire vehicle INCLUDING trunk AND any reasonable container
  2. Probable Cause Single Container Contains Evidence: MAY ONLY serarch area where container is located
  3. CANNOT search vehicle located in curtilage
24
Q

Consent
(Warrant Exception)

Study These Flashcards
A

VOLUNTARY: Based on totality of the circumstances
* Scope: If the consenting party fails to explicitly limit the scope of the search, it is determined by an objectively reasonable person test

AUTHORITY: EITHER express OR implied

25
Exigent Circumstances
Officers **CANNOT** create the exigency **Exigency**: Emergency requiring immediate police action 1. **Rendering Emergency Assistance** 2. **Preventing Destruction of Evidence** 3. **Hot Pursuit**: Officer has **probable cause** suspect committed a **felony** **AND** flees into a home to avoid arrest
26
Special Needs (Warrant Exception)
Inventory Searches
27
Right to Counsel (Sixth Amendment)
**Attaches** onces **prosecution** has **commenced** **Commencement**: Initiation of **adversarial judicial criminal proceedings** Once attached, defendant has a right to counsel at all **critical stages** **Offense Specific**
28
Critical Stages (Right to Counsel)
**Pre-Trial**: * Post-Indictment Interrogations * Probable Cause Hearings * Arraignments * Guilty Pleas and Sentencing **Trials**: * Felony Trials * Misdemeanor Trials Imposing Imprisonment **Post-Trial**: * Appeals as a Matter of Right * Appeals of Guilty Pleas
29
Non-Critical Stages (Right to Counsel)
**Pre-Trial**: * Pretrial Lineups (Before Charging) * Photo Identifications **Misdemeanor Trials NOT Imposing Imprisonment** **Post-Trial**: * Discretionary Appeals * Post-Conviction Proceedings
30
Right to Counsel (Fifth Amendment)
Applies only to custodial interrogations **NOT** offense specific
31
*Miranda* Warnings (Generally & Contents)
A defendant’s statements stemming from a **custodial interrogation** are **barred** by the exclusionary rule **UNLESS** the State shows **procedural safeguards** were in place to **secure** the defendant’s **privilege against self-incrimination** 1. Right to **remain silent** **AND** any statement they make may be **used** as evidence **against them** 2. Right to **counsel** **AND** if they cannot afford to hire one, one **may be appointed**
32
Custody (*Miranda*)
Detainee **MUST** **know** they are being **interrogated by** a **governmental agent** 1. **Freedom of Movement Test**: Under the **totality of the circumstances**, whether a **reasonable person** would **feel** they were **free to terminate** the interrogation **and leave** 2. **Coercive Context**: Under the **totality of the circumstances**, whether the **environment presents inherently coercive pressures**
33
Interrogation (*Miranda*)
Any **words or actions** on the part of the police they **should have known would reasonably likely to elicit an incriminating response** from the detainee
34
Waiver (*Miranda*)
State bears the burden of demonstrating the waiver was made **knowingly AND voluntarily** by a **preponderance of the evidence**
35
Right to Remain Silent (Invocation & Effect)
**INVOCATION**: * **MUST** be **unambiguous AND unequivocal** * **CANNOT** be invoked by remaining silent **EFFECT**: * **All questioning related to the offense** **MUST** cease * Officers MUST scrupulously honor request by not badgering **Reinitiation of Questioning**: Officers **MAY ONLY** reinitate **IF**: * Waiting significant amount of time; * Re-Mirandizing; **AND** * Questions not related to previous crime
36
Right to Counsel (Invocation & Effect)
**INVOCATION**: * **MUST** be **unambiguous AND unequivocal** **EFFECT**: All questioning MUST cease **Reinitiation of Questioning**: Officers **MAY ONLY** reinitate **IF**: * 14 day break in custody **AND** * Re-Mirandizing
37
Effect of *Miranda* Violations
**Voluntary Statements**: * **Physical evidence produced** by the statement **WILL NOT** be suppressed * Unwarned statement **WILL** be suppressed **UNLESS** used for impeachment **Coerced Statements**: * **Physical evidence produced** by the statement **WILL** be suppressed * Coerced statement **WILL** be suppressed
38
Pretrial Identifications
Violate defendant's due process **IF**: 1. **Unnecessarily Suggestive**: **MUST** be sufficient reliable 2. **Substantial Likelihood of Misidentification**: **MUST** employ fundamentally fair identification procedures
39
Right to Jury Trial
**ONLY for Serious Offenses**: Maximum prison term is **greater than six months** **MUST** convict by **unanimous** verdict **MUST exceed six jurors** **MUST be impartial**
40
Right to Self-Representation
Defendant **MUST** **knowingly AND intelligently waive** their **right to counsel**
41
Ineffective Assistance of Counsel
Defendant **MUST** demonstrate: **DEFICIENT PERFORMANCE**: Defense counsel's performance was deficient * **MUST** point to specific deficiencies * **CANNOT** point to counsel's inexperience **AND** **PREJUDICE**: **But for** the deficiency, **result** would have been **different** * Not convicted **OR** * Shorter sentence
42
Right to Confront Witnesses (Prior Testimonial Statements)
A defendant has a right to cross any person making testimonial statements * **Testimonial Statements**: Statements made for the **primary purpose of establishing past events potentially relevant to later prosecution** * **Non-Testimonial Statements**: Statements made for the **primary purpose of enabling police to meet an ongoing emergency**
43
Double Jeopardy
A person **MAY NOT** be **retried** for the **same offense** once **jeopardy** has **attached** **ATTACHMENT**: * **Jury Trial**: Empaneling and swearing of jury * **Bench Trial**: Swearing of first witness **SAME OFFENSE**: Two crimes are **NOT** the same offense **IF** **each** crime requires proof of an **additional element** the other does not

Bar Prep (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions